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.
Sources
Florida Probate Code, Chapters 731-735, Florida Statutes: https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Index&Title_Request=XLII
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.
By Ramona S. Chaplin, Esq.
As the long, sunny days of summer wind down, August often brings a different kind of heat—financial pressure. Between family vacations, summer camps, back-to-school shopping, and reduced hours at work, many individuals and families find themselves struggling to make ends meet by the end of the season.
If you’re seeing a spike in credit card debt, missed payments, or the emotional toll of financial stress, you’re not alone. August is a common time when people start considering whether bankruptcy might offer a fresh financial start.
Let’s talk about why, and how bankruptcy could be a practical tool—not a failure—after a tough financial summer.
💳 Why August Brings Financial Strain
- Summer Overspending
Between travel, childcare, and entertainment, it’s easy to spend beyond your means—especially if credit cards made it feel painless in the moment.
- Back-to-School Costs
New clothes, supplies, technology, and extracurricular fees can drain your bank account fast—especially if you’re still recovering from summer expenses.
- Reduced Work Hours or Seasonal Layoffs
Many clients work in industries that experience a late-summer slowdown. A reduction in income can make even basic living expenses difficult to manage.
- Rising Interest Rates
In 2025, credit card interest rates remain historically high—making it nearly impossible for many families to catch up once they fall behind.
📘 Frequently Asked Questions: Bankruptcy in Florida
Q: How do I know if bankruptcy is right for me?
If your debt feels unmanageable, you’re only making minimum payments, or you’re using credit to pay for necessities, it’s time to explore your options.
Q: Will I lose everything I own?
Not necessarily. Florida offers strong exemptions to protect your home, car, and certain personal property. Every case is different—get legal guidance before making assumptions.
Q: Can bankruptcy stop wage garnishments or collections?
Yes. Filing for bankruptcy triggers an automatic stay, which stops most collection actions, including lawsuits, wage garnishments, and harassing calls.
Q: What’s the difference between Chapter 7 and Chapter 13?
Chapter 7 is a faster discharge of qualifying debts for those who meet income limits. Chapter 13 sets up a 3–5 year repayment plan and can help save a home from foreclosure. I can help determine which fits your situation.
Q: Will filing ruin my credit forever?
While bankruptcy will impact your credit in the short term, many clients see improvement within 1–2 years, especially when they use the opportunity to rebuild wisely.
🛑 You Deserve a Reset, Not Regret
It’s easy to feel ashamed about money problems—but financial stress doesn’t define your worth. Sometimes, the most responsible choice is asking for help and choosing a legal solution that gives you breathing room and peace of mind.
📞 Ready to Talk?
If August has brought more bills than blessings, let’s talk about your options. Bankruptcy might not be your only solution—but if it is, I’ll help you handle it with dignity and confidence.
📍 Call today at 904-432-1221 or visit www.ramonachaplinpa.com to schedule a confidential consultation.
You’ve survived summer—now take control of your fall. 🍂
As families evolve, so do their financial circumstances. With summer in full swing
🌴☀, it may be the perfect time to reassess whether your current child support arrangement still meets your family’s needs.
In Florida, either parent can request a modification of child support when there’s been a substantial change in circumstances. 📉📈
💡 Common reasons for modification:
🔁 A significant increase or decrease in income
💼 Job loss or a new employment opportunity
👧🏽 A change in the child’s needs (health care, education, etc.)
👨👩👧 A change in timesharing arrangements
To qualify, the change must generally result in at least a 15% or $50 difference in the support amount under Florida’s child support guidelines.
🛠 Steps to Modify Child Support:
- 📝 File a Supplemental Petition
- 📬 Serve the other parent and
- 📂 Provide documentation
⚠ Important: Informal agreements cause future disputes. Always go
💬 If your financial situation has renewal—and that includes your legal
👨⚖ Need help filing or defending Our experienced family law team is compassion and clarity.
📞 Call us at (904) 432-1221 or
💻 Visit us online: www.ramonachaplinpa.com
June is a special time to celebrate the fathers in our lives. Whether you’re a dad yourself or supporting one, Father’s Day is a reminder of the vital role fathers play in the upbringing and well-being of their children. 👨👧👦💙
This year, the celebration carries new significance for Florida fathers. In July 2023, Florida law underwent a major change that directly impacts parental rights. Under the new legislation, courts now operate with a presumption that equal (50/50)
timesharing is in the best interest of the child ⚖. This means that both parents,
including fathers, are presumed to be equally capable of sharing the responsibilities and joys of raising their children. 👨🏾⚖👩🏼⚖
While this presumption is rebuttable—meaning a judge can decide differently if evidence shows equal timesharing is not appropriate—it marks a significant shift toward fairness and shared parenting responsibilities in Florida family law.
However, to take advantage of these you are not married to the child’s fathers may have no enforceable rights
📋 Steps to Establish Parental Rights:
✅ File a petition to establish paternity
✅ Request a parenting plan with
✅ Determine child support, if applicable
At The Law Offices of Ramona S. committed to helping fathers navigate this process with confidence
📅 This Father’s Day, give yourself—and gift of legal certainty.
Let us help you take the next step parent.
📞 Call us at (904) 432-1221 or
💻 Visit us online: www.ramonachaplinpa.com
