10 Common Florida Probate Mistakes That Cost Families Thousands

Florida probate can go smoothly when handled correctly. But certain mistakes turn a manageable process into an expensive, drawn-out ordeal. Some errors create personal liability for the person managing the estate. Others spark family conflicts that take years to resolve.

These are the most common probate mistakes we see Florida families make, why each one is costly, and exactly how to avoid them. Before diving in, make sure you understand the overall Florida probate process and the critical deadlines you must meet.

Mistake 1: Waiting Too Long to Start Probate

Many families postpone probate for months, believing there is no rush or wanting time to grieve before dealing with legal matters.

Why This Costs You

Bills keep accumulating. Mortgage payments, property taxes, insurance premiums, HOA fees, and utilities do not stop because someone died. Without access to estate funds, these bills may go unpaid, creating late fees, penalties, or even foreclosure risk.

Assets sit unprotected. A vacant home can deteriorate, be vandalized, or lose insurance coverage. Investment accounts may be mismanaged. Valuable property may be lost or stolen.

Beneficiaries wait. People who need their inheritance for living expenses, medical bills, or other necessities cannot access funds until probate is complete. Every month of delay extends their wait.

Tax complications multiply. The longer you wait, the more complex tax filings become. Missing deadlines creates penalties and interest.

Memory fades. Witnesses who could help identify assets or clarify the decedent's wishes become harder to find. Documents get misplaced.

How to Avoid This Mistake

You do not need to file immediately, but start gathering documents within the first few weeks:

Locate the original will
Order death certificates (10 to 15 copies)
Identify assets and where they are held
Find recent statements and records
Identify beneficiaries and their contact information

Aim to file the probate petition within 30 to 60 days of death. The sooner probate opens, the sooner it closes.

Mistake 2: Choosing the Wrong Type of Probate

Florida offers three types of probate: disposition without administration, summary administration, and formal administration. Filing the wrong type wastes time and money.

Why This Costs You

Filing formal when summary works: If your estate qualifies for summary administration but you file for formal administration, you will spend thousands of dollars in unnecessary attorney fees and wait months longer than necessary.

Filing summary when formal is required: If the estate actually requires formal administration, your summary petition will be rejected. You will have wasted the filing fee, your time, and possibly created complications by not following proper procedures.

How to Avoid This Mistake

Know the rules:

Disposition without administration: Estate has no real estate and personal property is worth less than funeral costs plus final medical expenses (typically around $6,000 or less).

Summary administration: Estate value is $75,000 or less (excluding homestead and exempt property) OR the decedent died more than two years ago.

Formal administration: Estate exceeds $75,000, OR you need a personal representative with court authority to manage assets, pay debts, sell property, or handle litigation.

If you are unsure, consult an attorney before filing. Getting it right the first time is cheaper than fixing mistakes.

See our guide on formal vs. summary administration.

Mistake 3: Distributing Assets Before Probate Closes

One of the most dangerous mistakes is giving away the deceased's property, money, or belongings before the court authorizes distribution.

Why This Costs You

Personal liability. If you distribute assets and then valid creditor claims arrive, you may be personally responsible for paying those claims out of your own pocket. Under Florida Statutes Section 733.809, personal representatives who make improper distributions can be held liable.

Recovery problems. If you give grandmother's jewelry to a cousin and it turns out she owed $50,000 in medical bills, you may need to get that jewelry back to pay creditors. Good luck explaining that to your cousin.

Removal from office. The court can remove you as personal representative for breach of fiduciary duty.

Beneficiary lawsuits. Other beneficiaries who feel they were treated unfairly may sue you personally.

How to Avoid This Mistake

Wait until you have:

Completed the creditor claims period (three months in formal administration)
Paid all valid debts and expenses
Received court authorization for distribution
Filed your final accounting

The only exception: reasonable funeral expenses can be paid before formal distribution.

Personal items with sentimental but no monetary value (photos, letters, small keepsakes) can often be distributed informally if all beneficiaries agree. But anything of value should wait.

Mistake 4: Mishandling Creditor Claims

Creditor claims are one of the most technical aspects of Florida probate. Mistakes here create liability that follows you long after probate closes.

Common Creditor Mistakes

Failing to publish notice. The Notice to Creditors must be published in a local newspaper. Skipping this step means the three-month claims period never starts, and creditors may have longer to file claims.

Not sending direct notice to known creditors. Publishing in the newspaper is not enough. You must also send written notice to creditors you actually know about. Under Tulsa Professional Collection Services v. Pope (1988), known creditors have a constitutional right to actual notice.

Ignoring claims. If you do not object to a claim within 30 days of receiving it, the claim is deemed valid under Florida Statutes Section 733.705. You lose the right to dispute it, even if the claim is fraudulent or already paid.

Paying in the wrong order. Florida Statutes Section 733.707 establishes strict priority for paying claims. Pay lower-priority creditors before higher-priority ones, and you may be personally liable for the difference.

Distributing before the claims period ends. If you distribute to beneficiaries and then valid claims arrive, you are on the hook.

How to Avoid This Mistake

Follow the creditor process carefully:

Publish Notice to Creditors in a qualifying newspaper
Send direct notice to all known creditors within days of publication
Keep proof of all notices sent
Review every claim that arrives
Object within 30 days to any claim you dispute
Wait the full three months before paying claims
Pay in statutory priority order
Do not distribute until claims are resolved

For a complete guide, see our article on creditor claims in Florida probate.

Mistake 5: Poor Record Keeping

Personal representatives who fail to document their actions set themselves up for disputes, liability, and accounting nightmares.

Why This Costs You

Accounting failures. The court requires a detailed accounting of all estate transactions. Without records, you cannot prepare an accurate accounting.

Beneficiary suspicions. When beneficiaries do not understand where money went, they suspect wrongdoing. Missing records make it impossible to defend yourself.

Tax problems. The IRS expects documentation for all estate income and expenses. Without records, you cannot prepare accurate returns or survive an audit.

Personal liability. Unexplained transactions may be attributed to your mismanagement, making you personally liable to repay the estate.

How to Avoid This Mistake

Document everything from day one:

Financial records:

Every check written from estate accounts
Every deposit received
Bank statements
Investment transactions
Bills paid

Asset records:

Inventory of all property
Appraisals and valuations
Sale records and proceeds

Communications:

Copies of all notices sent
Letters to and from beneficiaries
Creditor correspondence
Attorney communications

Decisions:

Why you took specific actions
Who approved major decisions
Meeting notes with beneficiaries

Keep records for at least three years after probate closes. Some experts recommend seven years.

Mistake 6: Filing in the Wrong County

Probate must be filed in the correct Florida county. Filing in the wrong place wastes time and money.

Why This Costs You

Dismissal. The court will dismiss your case for improper venue.

Refiling required. You must start over in the correct county.

Additional fees. You pay filing fees twice.

Delays. The error adds one to three months to your timeline.

The Correct Rule

File in the circuit court for the county where the deceased was a legal resident (domiciled) at the time of death.

This is not necessarily:

Where they died
Where their property is located
Where you live
Where they spent their last months

It is where they intended to live permanently - their legal home. Evidence of domicile includes driver's license address, voter registration, homestead exemption, and where they received mail.

If domicile is unclear, gather evidence before filing. An incorrect filing creates bigger problems than a short delay to confirm the right county.

Mistake 7: Missing Deadlines

Florida probate has strict deadlines. Missing them creates complications, delays, and potential liability.

Critical Deadlines You Cannot Miss

10 days: File the original will with the court after learning of the death (Florida Statutes Section 732.901).

20 days: Serve Notice of Administration on beneficiaries and heirs after receiving Letters of Administration.

30 days: Object to creditor claims after receiving them.

60 days: File the estate inventory after receiving Letters of Administration.

3 months: Creditor claims period from first publication.

6 months: Elective share election by surviving spouse (from Notice of Administration).

Why Missing Deadlines Costs You

Will filing deadline: Personal liability for damages caused by delay.

Objection deadline: Claims you could have disputed become valid.

Inventory deadline: Court may require explanation; delays closing.

Creditor period: Cannot distribute until it runs.

How to Avoid This Mistake

Create a deadline calendar the moment you receive Letters of Administration. Calculate every deadline and set multiple reminders for each one. Do not rely on memory.

For a complete reference, see our Florida probate deadlines guide.

Mistake 8: Failing to Understand Fiduciary Duty

Personal representatives have a fiduciary duty to act in the best interests of beneficiaries and creditors. Violating this duty has serious consequences.

What Fiduciary Duty Requires

Loyalty. Put the interests of the estate and beneficiaries first. Do not use your position for personal benefit.

Impartiality. Treat all beneficiaries fairly. Do not favor one over another.

Prudent management. Manage estate assets carefully. Preserve value. Do not take unreasonable risks.

Accounting. Keep accurate records. Report honestly to the court and beneficiaries.

Following instructions. Execute the will as written. Do not substitute your judgment for the testator's wishes.

Common Fiduciary Violations

Using estate funds for personal expenses
Buying estate assets for yourself at below-market prices
Paying yourself excessive fees
Favoring one beneficiary over others
Investing estate funds in speculative ventures
Failing to collect estate assets
Wasting estate resources

Consequences of Breach

Removal as personal representative
Personal liability to repay losses
Surcharge (penalty) imposed by court
Denial of compensation
Lawsuits from beneficiaries
Potential criminal charges for serious violations

How to Avoid This Mistake

Keep a clear mental line between estate property and your property. Never use estate funds for anything personal. When in doubt, ask your attorney or the court before acting.

Mistake 9: Trying to Handle Formal Administration Without an Attorney

Florida law requires attorney representation for formal administration in most cases. Attempting to proceed without one does not work.

The Legal Requirement

Under Florida Statutes Section 733.212 and related Bar rules, a personal representative in formal administration must be represented by an attorney unless the personal representative is the sole interested party (the only beneficiary and no creditors).

This is not a suggestion. Courts enforce this requirement strictly.

Why DIY Formal Administration Fails

Rejected filings. The court will not accept your documents.

Legal complexity. Formal administration involves dozens of legal requirements, deadlines, and procedures. Missing any of them creates problems.

Liability exposure. Without legal guidance, you are far more likely to make mistakes that create personal liability.

When You Can Proceed Without an Attorney

Disposition without administration (very small estates)
Summary administration (though attorney assistance is still advisable if real estate is involved or any complexity exists)

Even for summary administration, an attorney can ensure you do things correctly and avoid expensive errors. The cost of legal help is usually less than the cost of fixing mistakes.

See our guide on whether you need a probate attorney.

Mistake 10: Poor Communication with Beneficiaries

Keeping beneficiaries in the dark breeds suspicion, conflict, and litigation. Transparency prevents problems.

Why Poor Communication Costs You

Objections. Beneficiaries who do not understand what is happening may file objections to slow the process and demand explanations.

Attorney fees. Suspicious beneficiaries hire their own lawyers, increasing total estate costs.

Litigation. Lack of trust can escalate to full-blown lawsuits over alleged mismanagement.

Family damage. Probate conflicts can permanently fracture family relationships.

How to Communicate Effectively

Set expectations early. At the start, explain the process, timeline, and your role.

Provide regular updates. Monthly updates are reasonable. Share progress, delays, and next steps.

Be transparent about finances. Share asset values, debts, and expenses. Beneficiaries have a right to know.

Answer questions promptly. Delayed responses fuel suspicion.

Document communications. Keep copies of all emails, letters, and notes from conversations.

Address conflicts immediately. Do not let disagreements fester. Address concerns head-on.

Bonus: Mistakes Made Before Death

Many probate problems stem from poor estate planning during life.

Planning Mistakes That Create Probate Problems

No will. The estate passes under Florida intestate succession laws, which may not reflect the person's wishes.

Outdated will. A will from 20 years ago may name deceased beneficiaries or an ex-spouse.

Unfunded trust. Creating a trust but never transferring assets into it means those assets go through probate anyway.

Outdated beneficiary designations. An ex-spouse still listed on a retirement account receives it regardless of the will.

Adding children to deeds. This creates immediate ownership issues and potential gift tax problems. Consider a Lady Bird deed instead.

DIY documents. Improperly drafted wills, deeds, or trusts often fail to accomplish their intended purpose.

How to Avoid Planning Mistakes

Work with a Florida estate planning attorney to:

Create or update your will
Establish a trust if appropriate
Review all beneficiary designations
Properly title property
Use Lady Bird deeds for real estate when appropriate

Good planning during life prevents probate problems after death. For strategies to bypass probate entirely, see our comprehensive guide on how to avoid probate in Florida.

See our guide on how to avoid probate in Florida.

Frequently Asked Questions

What is the biggest probate mistake?

Distributing assets before probate closes. This creates personal liability for the personal representative and can require recovering assets from beneficiaries to pay creditor claims.

Can I be sued for probate mistakes?

Yes. Personal representatives who breach their fiduciary duty, make improper distributions, or mismanage estate assets can be sued by beneficiaries and held personally liable for losses.

How do I fix a probate mistake?

It depends on the mistake. Some errors can be corrected with amended filings. Others require court hearings. Serious mistakes may require litigation to resolve. Consult an attorney immediately when you discover an error.

Should I hire an attorney for summary administration?

While not legally required, attorney assistance is advisable if the estate includes real estate, multiple beneficiaries, or any complexity. The cost of an attorney is usually less than the cost of correcting mistakes.

Next Steps

Avoiding these mistakes keeps your probate on track and protects you from liability. Here is what to do:

Understand the process before you begin
Meet every deadline - track them carefully
Document everything from day one
Communicate with beneficiaries regularly
Get professional help when needed

Use our Florida probate directory to find county-specific information.

Calculate estimated costs with our probate fee calculator.

Sources:

Florida Statutes Section 733.212 (Notice of Administration)
Florida Statutes Section 733.705 (Payment of and Objection to Claims)
Florida Statutes Section 733.707 (Order of Payment)
Florida Statutes Section 733.809 (Improper Distribution)
Florida Statutes Section 732.901 (Production of Wills)
Tulsa Professional Collection Services v. Pope, 485 U.S. 478 (1988)

This guide provides general information about common probate mistakes. Every situation is different. Consult a licensed Florida attorney for advice specific to your circumstances.

Last updated: January 2026