While your teenager is getting through school or attending treatment, court mail about a relative’s death can still call for an answer.
Under Florida Probate Rule 5.030, a personal representative must be represented by an attorney licensed to practice in Florida, unless the representative is an attorney or the sole beneficiary of the estate. While your attorney must manage the formal court filings and legal proceedings, trusted family members can assist with logistical tasks like gathering account records.
Florida Courts’ Probate Statistical Reference Guide recorded 5,093 probate filings for the 15th Judicial Circuit (including Palm Beach County) in fiscal year 2024-25. Among the division’s filings, probate was the largest category. Someone else can take on some of that paperwork. While you’re at a treatment appointment, another trusted adult can gather recent bank and retirement account statements.
What an estate administration attorney can take off your plate
Separate immediate duties from tasks that can wait
First, handle records and property. Secure the original documents while you’re protecting an empty home. Check who was nominated as personal representative before you promise relatives any of the money or possessions. A nominee isn’t the personal representative until the court has appointed them. Another family’s probate calendar isn’t yours to follow; ask counsel when your own deadlines fall.
- The original will (if there is one), plus certified death certificates
- Recent financial statements alongside trust documents
- Keep creditors’ letters with deeds and insurance records
- Contact details for beneficiaries and relevant advisers
Store the originals somewhere safe.
Delegate preparation without surrendering decisions
Your Florida estate lawyer can prepare the court filings once they’ve assessed which administration path fits. Ask counsel about required notices and creditor claims, including what needs attention if the estate has property in another state. The personal representative must still provide accurate information under Florida’s probate rules and can decide only what the court and governing documents authorize.
This estate administration attorney resource lets you review general information before your first legal consultation on Florida administration types and executor duties, plus creditor notices and property in more than one state.
Create a two-track family plan
Once you’ve got permission to share the information, ask one trusted adult to gather records and pass along routine updates. You can set aside regular time for your teen’s appointments and contact with school once routine paperwork is handled. The personal representative stays legally responsible for work they’ve handed off.
For filing dates and notice-response deadlines, get written confirmation. Use the shared calendar to show who’s handling each estate task and when it’s due, keeping routine paperwork in one folder.
Estate administration after death in Florida: which path fits?
Follow the Florida Probate Code when administering an estate. Before choosing a procedure, check what the court requires against the estate’s assets and governing documents, considering your family’s circumstances. You’re reading educational information here, not legal advice tailored to you.
| Estate situation | Likely procedural issue | What the parent should locate |
|---|---|---|
| A valid will exists | The court determines validity; administration follows the will, subject to Florida procedure. | The original will and later amendments |
| No will exists | Intestate succession determines who receives probate property; the court may need to appoint a personal representative. | Family records identifying surviving relatives |
| A trust exists | Properly titled trust assets may pass through trust administration; assets outside the trust may still require probate. | The trust agreement and asset ownership records |
| Real property is in another state | A separate proceeding may be required in the state where the property is located. | Deeds and the property’s legal description |
Formal administration and summary administration are not interchangeable
You’ll find information on formal and summary administration at Florida Courts. Section 735.201 of the Florida Probate Code allows summary administration in qualifying cases where the value of the probate estate subject to administration in Florida—less the value of exempt property—does not exceed $75,000, or where the decedent has been dead for more than two years. Qualifying does not automatically make summary administration the right choice; counsel should review unresolved creditor claims and notice obligations before selecting this route.
Who owns a house while probate is open?
Under sections 732.514 and 733.608, a beneficiary’s interest in estate assets generally vests at death, subject to the personal representative’s authority to possess and manage property during administration. Protected Florida homestead property, however, operates differently under Article X, Section 4 of the Florida Constitution: it is not considered an asset of the probate estate subject to creditor claims or general administration.
Title to protected homestead passes directly to the constitutional heirs or qualifying devisees at death. Under section 733.608(2), the personal representative holds limited authority only to preserve, insure, and protect the homestead until a formal Order Determining Homestead is entered by the court.
Protect your teenager from adult financial pressure
With probate deadlines identified and someone else preparing documents or sending routine updates, you can still handle the estate while caring for your teenager in crisis. Give your teen undivided attention when you’ve set aside time.
Share the truth without sharing the estate’s burden
For example, you can tell them: “Grandpa died. I feel sad. His money and court paperwork are in the adults’ hands. On Thursday, you’ll get a ride to therapy with your aunt.” Choose words your family uses. This conversation isn’t for estate balances or arguments about who inherits what.
Let your teen ask their questions. If you don’t have every answer, say so without asking your child to reassure you or decide how an estate bill gets paid.
Tell your teen’s provider about the death and any behavior changes while keeping treatment appointments on the calendar. The school needs to hear from you, too. Before that conversation, note any behavior changes you want to discuss with the school.
If your teen is in immediate danger, don’t wait for an appointment to get emergency care. During a safety emergency, estate emails don’t need an answer.
Florida probate questions parents ask under pressure
How does a will differ from a complete estate plan?
A will lets you nominate a personal representative while directing your probate assets. Your estate plan may also include a trust or documents that direct decisions when you’re incapacitated. Northwestern Mutual’s 2024 Planning & Progress Study found that 65% of its Generation X respondents had no will. Before treating the will as controlling every asset, check which documents actually exist.
What can an estate lawyer charge in Florida?
Legal fees vary, and Florida law does not require a statutory fee. Under section 733.6171 of the Florida Statutes, ordinary attorney compensation is presumed reasonable based on a tiered schedule: $1,500 for estates up to $40,000; $2,250 for $40,000 to $70,000; $3,000 for $70,000 to $100,000; and $3,000 plus 3% of the value between $100,000 and $1 million (with decreasing percentages for higher amounts).
Crucially, section 733.6171(2) requires an attorney intending to charge fees on this statutory schedule to provide formal written disclosures and obtain the personal representative’s signed acknowledgment. The disclosures must explain that:
- The statutory schedule is not mandatory; fees are fully negotiable, and an alternative structure (such as hourly or flat-fee billing) may be agreed upon.
- The fee is not required to be based on the estate’s size, as the percentage schedule may not be appropriate in every case.
- The personal representative is not obligated to hire the attorney who drafted the will.
- The personal representative is entitled to receive a detailed closing summary of all ordinary and extraordinary hours and legal services rendered.
If an attorney fails to make these required disclosures and obtain your signed acknowledgment, section 733.6171(2)(d) bars them from receiving compensation from estate assets without prior court approval or the written consent of all interested parties.
What does the “5 and 5” phrase mean?
In federal estate planning, “5 and 5” is shorthand, not a Florida probate deadline. What happens when withdrawal powers lapse is covered in Internal Revenue Code Section 2514(e). The phrase commonly refers to a trust withdrawal power; its cap each calendar year is the greater of $5,000 or 5% of the relevant trust assets. This phrase concerns drafting or administering a trust, not the deadline for closing a Florida estate.
How long can estate settlement take after a death?
There’s no single deadline for settling every Florida estate. The type of administration and any creditor claims affect how long settlement takes. Out-of-state property can delay distribution, and tax issues or disputes can also cause delays. Under Florida probate law, unknown creditors usually have three months from the first published Notice to Creditors to submit claims against the estate.
For known or reasonably ascertainable creditors who receive direct service of the notice, the deadline is the later of three months after the first publication or 30 days after the date of direct service. Section 733.710 acts as an ultimate repose statute, barring unfiled claims two years after death regardless of whether notice was published.
How is a personal representative compensated?
Florida calls the executor the personal representative. For ordinary services, section 733.617 sets presumed reasonable compensation at 3% of the first $1 million in compensable estate value; higher tiers use lower percentages. For extraordinary work, the personal representative can be paid separately. Governing documents or court review can affect the amount paid, so don’t assume payment is automatic in every case.
Closing: Keep both responsibilities moving
Probate asks something different from you than your teenager’s mental health crisis does. To stay available as a parent, give each person in a small support group a defined job so someone owns the legal work. While legal counsel is mandatory to guide the administration and handle court submissions, practical delegation lets you focus on your teen. Practical help and honest, age-appropriate conversations let you handle probate and care for your teen while the adults remain responsible for the estate.
Also read:
3 Reasons Why Therapeutic Programs Help Troubled Teens
