Author: Alexander Gil

Living Out of State? Here is How to Manage a Florida Probate Without Leaving Home

If you live in New York, Ohio, or anywhere outside of Florida, learning that you have been named the Personal Representative (executor) of a Florida estate can feel overwhelming. You may be grieving a loss while simultaneously worrying about logistics: Do I have to fly down? How will I manage a house in Miami or Orlando from Brooklyn?

The good news is that Florida’s probate system is modern and largely digital. At Alexander Gil, PLLC, we regularly represent out-of-state executors manage the entire process remotely. Here is what you need to know.

1. You Likely Do Not Need to Travel

Historically, probate required physical presence in the county courthouse. Today, Florida courts utilize e-filing systems. We file all petitions, inventories, and accountings electronically. If a hearing is required, most judges now allow attendance via Zoom. In rare circumstances, a judge may request in-person attendance, but this is uncommon.

2. Florida Requires an Attorney

Unlike some states where you can “DIY” probate, Florida law almost always requires a Personal Representative to be represented by a Florida-licensed attorney. This is actually a benefit for out-of-state executors; because we are legally required to guide you, we act as your “boots on the ground,” handling the legal heavy lifting so you don’t have to.

3. Who Can Serve as Executor?

Florida has strict rules about who can serve as a Personal Representative. If you are not a Florida resident, you must be related to the decedent (by blood or marriage) to serve. If you are a son, daughter, sibling, or spouse living in New York, you are generally qualified to serve.

The Bottom Line: Distance shouldn’t prevent you from honoring your loved one’s wishes.

Are you an out-of-state executor needing help with a Florida estate? Schedule a consultation with Alexander Gil, PLLC today. We serve clients across all 67 Florida counties virtually.

One of the most common questions we get at Alexander Gil, PLLC is: “I live in another state (or another part of Florida). Do I need to buy a plane ticket to open probate?”

For the vast majority of our clients, the answer is no.

The Era of “Virtual” Probate

Probate administration in Florida has evolved. The days of dragging family members into a courtroom to stand before a judge are largely behind us.

• E-Signatures: Many documents can now be signed electronically or mailed to you for signature and notarization in your home state.

• E-Filing: As your attorneys, we file every motion and petition through the Florida Courts E-Filing Portal.

• Virtual Hearings: On the rare occasion a judge needs to speak with an attorney or executor, it is almost exclusively done via Zoom or Microsoft Teams.

We Handle the Local Logistics

Whether the estate is in Miami-Dade, Broward, Orange, or Leon County, the law remains the same. We can represent you regardless of where the physical property is located. We coordinate with local appraisers, real estate agents, and estate sale companies to handle physical assets while we handle the legal filings from our office.

Don’t let travel costs eat into the estate’s value. Work with a firm that prioritizes efficiency. Contact Alexander Gil, PLLC for a consultation on your Florida probate matter.

Not every estate requires the long, complex process known as “Formal Administration.” Florida offers a simplified shortcut called Summary Administration. If the estate qualifies, you can save months of time and significant legal fees.

Does the Estate Qualify?

To use this “fast track,” the estate must meet one of the following two criteria:

1. Value under $75,000: The value of the estate’s assets (excluding exempt property like the primary home/homestead) is less than $75,000.

2. More than 2 Years: The decedent passed away more than two years ago. (This removes creditor claims, simplifying the process).

How is it Different?

In a Summary Administration, we do not appoint a “Personal Representative.” Instead, we petition the court to sign an order immediately distributing the assets to the rightful heirs.

• Speed: It can often be completed in a few weeks or months, rather than the 6-12 months typical of formal probate.

• Cost: Because there are fewer filings and no ongoing management of the estate, it is generally less expensive.

Is it Right for You?

Even if an estate is small, Summary Administration isn’t always the best choice (especially if there are complex debts or unknown creditors).

Unsure if you qualify for the “Fast Track”? Contact Alexander Gil, PLLC. We will review the assets and tell you if Summary Administration is the right strategy for you.

Florida is the vacation home capital of the world. But what happens when a resident of another state (like Georgia, New York, or Michigan) passes away while owning a condo or vacation house in Florida?

The result is often two probates: one in their home state, and a second one here in Florida. This second process is called Ancillary Probate.

Why Two Probates?

Probate courts only have jurisdiction over property within their state lines. A New York court can distribute a New York bank account, but it cannot sign a deed transferring a condo in Miami Beach. Only a Florida court can do that.

How We Help “Foreign” Personal Representatives

If you have already started probate in the decedent’s home state, we can work with your local attorney to open the Ancillary Probate in Florida. We use the credentials you established in the home state (called “domiciliary proceedings”) to fast-track the authority you need here.

Our goal is to ensure the Florida property is legally transferred to the beneficiaries or sold as quickly as possible, so you aren’t stuck paying HOA fees and taxes on an empty property.

Inherited a property in Florida but live elsewhere? Let us handle the Florida leg of the legal journey. Contact Alexander Gil, PLLC today.

When someone passes away, the probate process ensures that the deceased’s estate fulfills its debts and that the heirs receive their assets designated by the one who passed away. The deceased’s will dictates how to settle and distribute their assets and debts. When a legal dispute arises during the process of probate, probate litigation may ensue.

Most matters the probate courts handle, like admitting wills and assigning executors, are standard operating procedures and go uncontested. However, legal contests arising from a person’s death or mental capacity may lead to probate litigation over powers of attorney, will and trust contests.

Common Legal Concerns in Probate Court

• Will Contests: Questions sometimes surface about the validity of a will. Interested parties may dispute the deceased person’s will or allege undue influence, fraud, or lack of mental capacity.
• Estate Administration Disputes: Disagreements may arise among heirs, executors, or administrators regarding the management and distribution of estate assets. These arguments can include allegations of mismanagement or conflicts over the interpretation of the will or trust provisions.
• Claims Against the Estate: Creditors or individuals may believe they have a rightful claim to the deceased person’s assets. They then may seek to file claims against the estate.
• Breach of Trust: By law, executors, administrators, and trustees must act in the best interests of the estate and its beneficiaries. Allegations of misconduct, self-dealing, or failure to fulfill these obligations may lead to litigation.
• Document Interpretation: Disputes may arise over the interpretation of a will, trust, or other estate planning documents. These conflicts can involve disagreements about:
  • Intended meaning of certain provisions,
  • Scope of powers granted to trustees or executors, or
  • Distribution of assets among beneficiaries.
• Family Disputes: Family dynamics can often lead to probate litigation, especially with strained relationships, blended families, or unequal distributions of assets. Sibling rivalry, disputes with former spouses, or decisions to cut off certain heirs can result in legal challenges. Individuals marrying multiple times without a prenuptial agreement are also likely to incite probate litigation upon their death. Life insurance trusts can be a valuable way to separate the interests of the decedent’s spouses and children.

Early Steps in Probate Litigation

In probate litigation, your attorney plays a key role in representing your interests while navigating the legal process. All things begin with an initial lawyer consultation to discuss your case’s details, goals, and concerns.

An experienced attorney can evaluate the strength of your claims or defenses. They also can explain the legal process, potential outcomes, and available strategies to achieve your objectives. Most states have strict statutes of limitations, so the earlier you contact a probate litigation lawyer, the better.

Attorneys in this area of law also can thoroughly research your case’s relevant laws, precedents, and regulations. They will analyze the facts and circumstances to develop a legal strategy tailored to your situation. They’ll also review all relevant documents, including wills, financial records, trusts, and other evidence relating to the dispute. Your attorney will then prepare and draft such legal documents as complaints, petitions, answers, motions, and discovery requests.

Probate Court Processes

Probate litigation hearings and trials usually take place in the county probate court where the decedent died. The attorney will engage in the discovery process by gathering evidence, documents, and depositions from other parties. They will also respond to discovery requests from the opposing party. Each side will advocate for their client’s interests and work to reach a favorable settlement if possible. They will also advise them on the merits of accepting or rejecting settlement offers.

Trial preparation and representation will occur if the settlement phase fails. In this situation, your lawyer would prepare you for trial, make legal arguments, examine and cross-examine witnesses,
and present your case to the court. Throughout the process, they are responsible for helping you make informed decisions regarding the direction of your case.

Work With an Estate Planning Attorney

Probate court can elicit high emotions and tense interactions. You may, for instance, see significant disruption to family relationships. These sorts of disputes could open the estate to creditor lawsuits as well.

Estate administration and probate litigation attorneys assist in preventing these kinds of estate-related contests. With Alexander Gil, PLLC, you can execute a proper estate plan. This can reduce the likelihood of probate litigation happening in the first place.

For a variety of reasons, people sometimes want some or all their assets to pass directly to specific individuals (relatives, loved ones) upon their deaths outside of probate. One way to accomplish this is to set up a payable on death (POD) account for money in a bank account or a transfer on death (TOD) account if funds are in a brokerage account.

What is Probate?

Probate is the process through which a court determines how to distribute property after an individual dies. Some assets are distributed to heirs by the court (probate assets), and some assets bypass the court process and go directly to beneficiaries (non-probate assets).

With POD and TOD accounts, the account owner names a beneficiary (or beneficiaries) to whom the account assets are to pass when the owner dies. Generally, all that is required to get the money or control of the account is for a beneficiary to show the bank manager or the brokerage firm an original death certificate. The funds pass outside of probate, meaning that the beneficiaries can receive the money quickly without the involvement of the probate court. The account assets also receive a step-up in basis when the original owner passes away, meaning that no capital gains tax should be due if investments are liquidated in order to be transferred.

How a POD or TOD Account Works

Only the account owner has access to the assets while alive; the named beneficiaries have no control over the account prior to the account owner’s death, and the owner can change beneficiaries at any time if competent to do so. If the named beneficiary predeceases the account owner, then the assets are distributed to the remaining beneficiaries or to successor beneficiaries, depending on what the owner writes on the beneficiary designation form or online. If there is only one beneficiary and they predecease the owner, and the owner makes no subsequent changes to the beneficiary designation, the assets go into the account owner’s probate estate.

Things to Consider

Receiving assets by POD or TOD could be a problem for certain beneficiaries, such as a child with special needs who depends on Medicaid and other public benefits. If the account amount is large enough, it could be advisable to do special needs planning to avoid the assets interfering with the receipt of public benefits.

Also, another problem with passing assets through accounts like these is that people sometimes forget about the accounts, and their existence can confuse an individual’s estate plan. For example, the will may say that everything should be distributed equally to the account owner’s three children, but the POD or TOD account passes assets to only one child, creating unequal shares among the children. If avoiding probate is the goal, it may be better to put all assets into one revocable trust that clearly states who should get what. But these potential problems are much less of an issue if the estate is a simple one – for example, one surviving parent with only one child.

Some states allow transfer on death deeds, through which a house or other property can be passed outside of probate. Another way to accomplish this may be through a Lady Bird deed or an enhanced life estate deed.

The best course before using any of these account or deed options is to speak to Alexander Gil, PLLC about your overall estate planning goals.

Creating an estate plan involves selecting people to receive your money, property, or other items when you pass away.

When making a will, you’ll work with an estate planner to designate those who will inherit from you. The persons (or entities, such as a charity) you choose are the beneficiaries of your will. In most cases, you’ll choose multiple beneficiaries, such as when you set up a more complex estate planning tool, like a trust.

In addition to executing a will, you may select beneficiaries for other types of assets you own. You may have an insurance policy or retirement account, investment account, or another pay-on-death (POD) account. You’ll typically want to select loved ones to receive the funds from these kinds of accounts upon your death. For instance, purchasing a life insurance policy involves choosing someone who will receive death benefits if you die.

These decisions inform your overall estate plan. Whether in the context of a will, trust, POD account, or life insurance policy, the people you pick to receive your assets are known as beneficiaries. They receive the “benefit” of your assets.

Primary vs. Contingent Beneficiary

A contingent beneficiary is a type of beneficiary. If the first, or primary, beneficiary passes away, cannot be found, or does not want the asset, the contingent beneficiary may be next in line to receive it. Your contingent beneficiary is typically your second choice. Think of a contingent beneficiary as a backup beneficiary.

Imagine an individual who is married and has a child. This person might make their spouse their primary beneficiary and select their child as their contingent beneficiary. This ensures that the child would get the assets if both parents died.

Selecting contingent beneficiaries creates a more robust estate plan. You likely have wishes about who would get your money and assets for when you pass away. Having second-choice, or contingent, beneficiaries protects your autonomy, ensuring the distribution of your assets reflects your wishes.

Multiple Beneficiaries

In some cases, you may indicate two or more primary beneficiaries. For instance, you may divide your estate between several beneficiaries in your will.

A single parent could make both their minor children primary beneficiaries in their will, dividing the estate by 50 percent.

Having multiple primary beneficiaries differs from having a primary and a contingent beneficiary. The primary beneficiary has the first opportunity to receive the assets. Only if the primary  beneficiary does not take the assets can the contingent beneficiary assume ownership. With multiple primary beneficiaries, the asset is divided between the individuals.

Just as it is possible to have more than one primary beneficiary, it is possible to have multiple contingent beneficiaries. A person with a spouse and two children might make their spouse their primary beneficiary and both the children their contingent beneficiaries.

Beneficiaries and Heirs-at-law

A beneficiary is distinct from an heir-at-law. While a beneficiary is someone you choose, an heir-at-law is someone who may have the right to inherit from your estate if you do not have a will or an estate plan.

Many people today do not have an estate plan. According to one 2024 Wills and Estate Planning Survey, about two-thirds of Americans do not have a will.

If you pass away without having executed a will, you would die “intestate.” States have different rules governing intestacy. These laws determine which family members may be entitled to your estate if you did not select beneficiaries during your lifetime. Often, this is your spouse and children or parents and siblings.

Stipulating primary and contingency beneficiaries gives you autonomy. You decide who receives your assets rather than letting your state statute dictate the outcome. By selecting loved ones as beneficiaries, you also help protect their financial futures if you are no longer there to provide financial support.

Speak to an Estate Planning Attorney

An estate planning attorney can assist you in designating your first-choice and secondary beneficiaries. They also can partner with you on creating a comprehensive estate plan. This may include executing advance directives, identifying strategies to help your heirs avoid the probate process, and more.

Keep in mind, of course, that your life circumstances are likely to change over time. You may welcome new grandchildren, or have a dispute with a beneficiary and wish to remove them from your estate plan. This is why it’s essential to revisit your estate plan – and update your beneficiaries – on a periodic basis.