Estate Planning & Probate Law

Inheritance disputes often grow from avoidable problems. Common pitfalls include unclear or outdated wills, failing to update beneficiary designations, poor communication about a parent's intentions, and mixing emotion with money during grief. Disputes also arise when one family member controls assets or an executor mismanages the estate. In Sarasota, these matters are handled in the Sarasota County probate court, and documenting intentions clearly in advance reduces the risk of a costly fight there.

Mixing estate money with personal funds is a serious error. Always use a separate estate bank account for every transaction. Failing to notify all creditors properly can expose you to personal liability, so be thorough in identifying and notifying anyone the deceased owed money.

Missing court deadlines for inventories, accountings, or creditor objections creates legal problems. Mark all deadlines on your calendar and work backward to ensure completion. Distributing assets before the creditor claim period expires or before paying all valid debts can make you personally liable for those debts.

Many executors fail to communicate with beneficiaries, creating suspicion and litigation. Provide regular updates even when there's little activity. Don't make distributions based on verbal promises—follow the written will exactly. Never use estate assets for personal benefit without court approval, even temporarily.

Most importantly, trying to handle probate without legal guidance often leads to expensive mistakes. Even if you're confident, consulting an attorney early prevents problems and actually saves money in the long run.

Florida requires two types of creditor notice. First, publish "Notice to Creditors" in a newspaper of general circulation in the county where the estate is being administered. This publication must run once a week for two consecutive weeks and triggers the three-month creditor claim period.

Second, send direct written notice to all "reasonably ascertainable" creditors—anyone you know or should know the deceased owed money to. Review bank statements, mail, emails, and financial records to identify creditors. This direct notice must be sent within three months of the first publication.

Keep proof of all notices—affidavits of publication from the newspaper and certified mail receipts for direct notices. File these with the court. Creditors not properly notified may have longer to file claims or could challenge distributions you've already made, so thorough notice is critical.

Florida imposes specific deadlines throughout probate. You must file the will within 10 days of learning about the death. Creditors have three months from the first publication of Notice to Creditors to file claims—you must publish this notice promptly.

You have 60 days after appointment to file the estate inventory. Creditor claims must be paid or objected to within specific timeframes to avoid personal liability. The deceased's final income tax return is due by the normal tax deadline.

Most Florida estates close within 6-12 months, though complex estates take longer. You can't distribute assets until creditor claim periods expire and all taxes are paid. Beneficiaries can petition the court if you're unreasonably delaying administration. While courts understand estates take time, you must keep things moving and can't simply let the estate sit dormant.

Initially, you file the original will, death certificate, and Petition for Administration to open the estate. Once appointed, you must file an Oath of Personal Representative and obtain Letters of Administration as your proof of authority.

Within 60 days of appointment, file a comprehensive inventory of estate assets. You'll also file a Notice of Administration that gets sent to beneficiaries, and proof that you properly published Notice to Creditors in a newspaper.

As administration progresses, you file accountings showing all money received and spent by the estate. For any major transactions like selling real estate, you may need to petition the court for approval. When ready to close the estate, you file a final accounting, petition for discharge, and proof of distribution to beneficiaries. Some estates qualify for simplified procedures with fewer filing requirements.