Inheritance in Florida

The full text of the governing law can be found here.

International cases present additional complexities. What happens to dual citizens with property located abroad? Choice of law questions come into play when a U.S. Citizen resides abroad or vice versa a Green Card Holder drafts a last will and testament for property located abroad and in the United States. All of these scenarios and more make the field of international inheritance cases complex and multifaceted.

When a probate matter is filed for inheritance in Florida it generally follows this process and is governed by the state laws in Florida:

1. The case is initiated in a Florida Court: If the deceased person (decedent) had a valid will, it needs to be filed with the probate court in the county where the decedent resided. If there’s no will (intestate), the court will follow Florida’s laws of intestacy (a seperate post will follow to explain the order of inhertiance when there is no valid will in Florida) to determine how the estate should be distributed.

2. Appointment of Personal Representative: The court will appoint a personal representative (executor) to administer the estate. This person is usually named in the will, but if not, the court will appoint someone, often a family member or a trusted individual.

3. Identifying and Valuing Assets: The personal representative is responsible for identifying and collecting all assets owned by the deceased. This can include real estate, bank accounts, investments, personal property, and more. These assets need to be valued as of the date of death.

4. Paying Debts and Taxes: Before any inheritance can be distributed, the estate’s debts, including funeral expenses, taxes, and creditors’ claims, must be paid. Florida law prioritizes the payment of certain debts and taxes before distributing assets to beneficiaries.

5. Distribution of Assets: Once debts and taxes are settled, the remaining assets are distributed according to the terms of the will or Florida’s intestacy laws if there’s no will. Beneficiaries named in the will receive their inheritances, or heirs determined by intestate succession laws inherit the estate.

6. Final Accounting and Closing the Estate: The personal representative must provide a final accounting to the court detailing all transactions and distributions made during the probate process. Once approved by the court, the estate can be closed, and the personal representative is discharged of their duties.

7. Challenges and Disputes: In some cases, disputes may arise regarding the validity of the will, the interpretation of its provisions, or the actions of the personal representative. These disputes may be resolved through mediation, negotiation, or litigation in probate court.