October is a good time for Florida families to review their estate planning documents before the holiday season begins. Whether you have experienced a marriage, divorce, new child, or loss in the family, your documents may need attention.
At Ramona S. Chaplin, P.A., our work in Florida probate and guardianship matters shows how valuable clear instructions and organized records can be for loved ones. This fall estate planning checklist can help you identify questions to discuss with an attorney.
Review Your Florida Will
Does your will still reflect your wishes? Review the beneficiaries and the person you have named to administer your estate.
A Florida will allows you to identify who should receive your probate assets and nominate a personal representative. Changes require proper legal formalities; writing on a signed will can create validity problems.
If your family or financial circumstances have changed, gather your existing will for an attorney’s review.
Consider Who Could Manage Your Financial Affairs
Who would you trust to help with financial matters if illness or injury prevented you from managing them?
A Florida durable power of attorney can authorize another person to act within the authority granted by the document and can remain effective during incapacity. Review both the person you selected and the powers your document provides.
Review Your Health Care Planning Documents
Your estate planning review should also include your health care wishes.
A health care surrogate designation identifies someone to make health care decisions under the applicable circumstances. A living will communicates wishes concerning certain medical treatment. Discuss your preferences with the person you choose so they understand your wishes.
Organize Important Family and Financial Records
Make a secure list of your important documents, financial institutions, insurance policies, and professional contacts. Let a trusted person know where to find the information.
Gathering these records can also help your attorney understand your circumstances when addressing a Florida probate or guardianship matter. Keep passwords and sensitive account information in secure storage.
Speak With a Florida Probate and Guardianship Attorney
Start by gathering your documents and writing down what has changed since you signed them. You do not need to have every detail organized before seeking guidance.
Ramona S. Chaplin, P.A. assists clients with probate and guardianship matters in Jacksonville and surrounding Northeast Florida communities. Contact our office to discuss your family’s needs and next steps.
This article provides general information and is not legal advice. Reading it does not create an attorney-client relationship.
A practical guide to probate assets, nonprobate transfers, and the first steps after a loved one dies.
By Ramona S. Chaplin, Esq.
One of the first questions families ask after a death is, “Do we have to open probate?” The answer is not based only on whether the person had a will. In Florida, the key question is how the deceased person owned each asset and whether the asset already has a legally effective way to pass to someone else.
A Will Does Not Avoid Probate by Itself
A will states who should receive probate assets and may nominate a personal representative. It does not retitle property during life, and it does not automatically transfer assets after death. If an asset was owned solely in the decedent’s name and has no beneficiary or survivorship feature, a probate court order may be needed before the asset can be transferred.
Common Probate Assets
Assets that often require probate include:
A bank or investment account titled only in the decedent’s name with no payable-on-death or transfer-on-death beneficiary;
Real estate titled solely in the decedent’s name, subject to Florida homestead and other property rules;
A vehicle titled only in the decedent’s name when no simpler statutory transfer applies;
A refund, settlement, business interest, or check payable to the decedent or the estate; and
Personal property that cannot be transferred by agreement or a recognized statutory procedure.
Assets That Often Pass Outside Probate
Probate may not be required for an asset that passes through another valid transfer mechanism, such as:
Property owned jointly with a surviving co-owner when the title includes a right of survivorship;
Life insurance, retirement accounts, or financial accounts with a valid living beneficiary;
Assets properly titled in a funded revocable living trust;
Accounts with valid payable-on-death or transfer-on-death designations; and
Certain assets transferable through a specific Florida affidavit or administrative process.
The details matter. A deceased beneficiary, incomplete designation, divorce, conflicting documents, creditor issue, or title defect can change the analysis.
Florida Offers More Than One Probate Procedure
Formal administration is the traditional court-supervised process in which a personal representative is appointed to gather assets, address creditors, and distribute the estate. Summary administration may be available when the estate qualifies under Florida law, including when the decedent has been dead for more than two years or when the qualifying estate value falls within the applicable statutory ceiling. Effective July 1, 2026, that standard ceiling is $150,000 after excluding property exempt from creditor claims.
Florida also recognizes limited procedures for certain very small estates and specific assets. Those procedures are not interchangeable, and using the wrong one can delay access to property or expose a recipient to liability.
Florida Homestead Requires Special Attention
A Florida residence may receive constitutional and statutory protections, but homestead is also governed by special rules concerning spouses, minor children, devise restrictions, creditor protection, and who receives title. Families should not assume that a house is “outside probate” or that the will alone controls it. A court order determining homestead status is often requested to establish the beneficiaries’ title clearly.
What to Do Before Moving or Spending Assets
Do not distribute, sell, retitle, or spend estate property simply because family members agree. First, secure the property and collect the original will, certified death certificates, deeds, account statements, beneficiary records, titles, tax documents, funeral expenses, and known bills. Keep estate funds separate from personal funds and document every transaction.
An attorney can then create an asset-by-asset map showing what passes automatically, what may require a court order, what creditor issues exist, and which procedure is likely to be the most efficient.
Start With an Asset Review
Ramona S. Chaplin, P.A. helps Florida families evaluate wills, property titles, beneficiary designations, homestead, creditors, and available probate procedures. A focused review at the beginning can provide clarity and help prevent avoidable delays.
Chapter 2026-57, Laws of Florida: https://laws.flrules.org/2026/57
Disclaimer: This article is for general informational purposes only and does not create an attorney-client relationship. Florida law and court procedures may change, and the result in any matter depends on its specific facts.
What parents and caregivers should know as a child with a developmental disability approaches age 18.
By Ramona S. Chaplin, Esq.
A child’s eighteenth birthday is a major legal transition. Even when a young adult relies on a parent for medical, educational, or daily-living decisions, the parent does not automatically continue to have legal authority after the child becomes an adult. For some Florida families, guardian advocacy offers a way to obtain necessary authority without a traditional adjudication of incapacity.
What Is Guardian Advocacy?
Under section 393.12, Florida Statutes, a circuit court may appoint a guardian advocate for a person with a developmental disability who lacks the decision-making ability to perform some—but not necessarily all—tasks needed to care for the person or property. The process is designed to match legal assistance to the person’s actual needs while preserving rights the person can exercise independently.
Unlike a traditional adult guardianship, guardian advocacy may be established without a separate judicial adjudication that the person is incapacitated. That distinction can make guardian advocacy an important option for families of individuals with qualifying developmental disabilities.
Who May Qualify?
Eligibility depends on Florida’s statutory definition of developmental disability and the individual’s functional decision-making needs. A diagnosis by itself does not automatically establish the need for a guardian advocate. The court considers what the person can do independently, what support is available, and whether less restrictive alternatives can adequately address the concern.
What Authority Can the Court Grant?
Depending on the evidence and the requested relief, an order may authorize a guardian advocate to assist with decisions involving:
Medical and mental-health treatment;
Education and access to educational records;
Residence and social environment;
Applications for government benefits;
Contracts, lawsuits, or other specified legal matters; and
Property or financial decisions, when necessary and properly requested.
The order should identify the specific rights delegated to the guardian advocate. Rights not delegated remain with the person. Because financial authority may trigger additional requirements, including the appointment of an attorney for the person with a developmental disability, families should identify their goals before filing.
Can Families File Before Age 18?
Florida law permits a guardian-advocacy petition to be filed during the six months before a minor’s eighteenth birthday. Planning early can give the family time to gather medical and educational records, complete required background and training steps, and address any filing issues before adult services or decision-making authority becomes urgent. The appointment generally cannot take effect before the person turns 18.
Less Restrictive Alternatives Still Matter
Guardian advocacy is not the only option. Depending on the individual’s capacity and needs, alternatives may include supported decision-making, a power of attorney, a health-care surrogate designation, a representative payee, educational releases, or carefully structured bank arrangements. Courts and families should consider whether one or more alternatives can provide sufficient support without transferring legal rights.
Preparing for the Process
Families can prepare by collecting:
Current medical or psychological evaluations and diagnostic records;
School records, individualized education plans, and transition plans;
A list of the decisions for which assistance is actually needed;
Information about proposed guardian advocates and any standby guardian advocate; and
Details about benefits, income, bank accounts, or other property.
Get Guidance Before the Eighteenth Birthday
The best plan is one tailored to the young adult—not simply the broadest authority available. Ramona S. Chaplin, P.A. assists Florida families with guardian advocacy and related planning so they can protect a loved one while respecting that person’s independence and legal rights.
Disclaimer: This article is for general informational purposes only and does not create an attorney-client relationship. Florida law and court procedures may change, and the result in any matter depends on its specific facts.
A new Florida probate law may make a simplified estate process available to more families.
By Ramona S. Chaplin, Esq.
When a loved one dies, families often assume that every estate must go through a lengthy formal probate. That is not always true. Beginning July 1, 2026, Florida law expands several procedures intended to simplify the transfer of smaller estates. The changes may reduce court involvement, expense, and delay in qualifying cases.
The Summary Administration Limit Doubled
Florida’s summary administration process is generally shorter and less involved than formal administration. Under Chapter 2026-57, Laws of Florida, the standard value ceiling increased from $75,000 to $150,000. The calculation generally excludes property that is exempt from creditor claims. An estate may also qualify for summary administration when the person has been deceased for more than two years, regardless of value, provided the statutory requirements are met.
This does not mean that every estate worth less than $150,000 will be simple. The court must still determine who is entitled to receive the assets, whether a valid will exists, how creditors must be addressed, and whether the petition and proposed distribution comply with Florida law.
Other Small-Estate Thresholds Also Increased
The same law made several additional changes effective July 1, 2026:
A qualifying federal income-tax overpayment that may be refunded directly to a surviving spouse or children increased from $2,500 to $5,000.
The aggregate amount in certain qualified financial accounts that a financial institution may pay to an eligible family member without a court proceeding increased from $1,000 to $2,000.
For certain intestate estates, the nonexempt personal-property threshold for a statutory disposition procedure increased from $10,000 to $20,000.
Each option has separate eligibility rules, sworn-statement requirements, creditor protections, and limits. The dollar amount alone does not determine which procedure is appropriate.
Personal Representatives Have Clearer Authority
The new law also strengthens a court-appointed personal representative’s authority. It addresses access to and termination of a decedent’s safe-deposit box lease and expressly allows a personal representative to seek court enforcement of authority granted under the Florida Probate Code. In an enforcement proceeding, the prevailing personal representative may be awarded taxable costs and attorney’s fees as provided by the statute.
What Families Should Do
Before filing anything, gather the original will, death certificate, account statements, deeds, vehicle titles, funeral bills, and a list of known debts. It is equally important to determine how each asset is titled and whether it has a beneficiary designation. Assets held jointly with survivorship rights or payable directly to a named beneficiary may pass outside probate and may not be included in the probate estate.
A probate attorney can help determine whether summary administration, formal administration, disposition without administration, or another transfer method fits the facts. Choosing the correct procedure at the beginning may help prevent rejected filings, disputes, and unnecessary expense.
Speak With a Florida Probate Attorney
If you recently lost a loved one and need help understanding the next step, Ramona S. Chaplin, P.A. can review the estate’s assets, family structure, will, and creditor issues and explain which Florida probate procedure may apply.
Sources
Chapter 2026-57, Laws of Florida (CS/HB 1337): https://laws.flrules.org/2026/57
Florida Senate bill history and final analysis: https://www.flsenate.gov/Session/Bill/2026/1337
Disclaimer: This article is for general informational purposes only and does not create an attorney-client relationship. Florida law and court procedures may change, and the result in any matter depends on its specific facts.
When a person passes away without a will, they are considered to have died intestate. Florida law then determines how their assets are distributed.
Who Inherits?
Under Florida’s intestacy laws:
● If there is a spouse and no children → the spouse inherits everything
● If there is a spouse and children → assets are divided
● If no spouse or children → assets pass to other relatives
Who Handles the Estate?
The court will appoint a Personal Representative, typically a close family member, to manage the estate.
Potential Issues
Dying without a will can lead to:
● Family disputes
● Delays in administration
● Unintended distributions
Why Having a Will Matters
A valid will allows you to:
● Choose who receives your assets
● Name your Personal Representative
● Provide clear instructions for your estate
If a loved one has passed without a will, legal guidance can help you navigate the process.
