How a Probate Law Firm Can Help

The probate process can be overwhelming, especially if you’re unfamiliar with the state’s estate laws and court procedures. It is the legal process of administering a deceased person’s estate, ensuring debts are paid, and assets are distributed according to their will or Florida law. While it may seem straightforward, probate in South Florida—whether in Broward, Miami-Dade, or Palm Beach counties—comes with unique challenges.

Even minor mistakes can cause significant delays, legal disputes, and financial losses. This is where a probate law firm becomes invaluable. They can provide invaluable guidance throughout the probate process ensuring that the estate is administered correctly and in compliance with state law.

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Why DIY Probate Is Not Ideal

Some individuals may attempt to handle probate without legal assistance from a probate law firm, thinking they can save money. However, DIY probate often also leads to costly mistakes, delays, and unnecessary stress.

Here’s why hiring a law firm is the smarter choice:

Legal Complexity: Florida probate laws are intricate and constantly evolving. A mistake in paperwork or missing a deadline can cause delays or legal consequences.
Court Procedures: Probate involves formal legal proceedings. Without legal knowledge, handling court filings, hearings, and asset distributions can be overwhelming.
Personal Liability: Personal representatives are responsible for properly managing the estate. If an error occurs—such as failing to pay taxes or mishandling creditor claims—the representative may be held personally liable.
Potential for Disputes: DIY probate increases the risk of family disputes, especially if heirs believe the personal representative is acting unfairly or making errors.
Time and Stress: Probate is time-consuming. Managing legal requirements while grieving a loved one can be draining.

A probate law firm provides the expertise needed to efficiently navigate the process, reducing stress and ensuring a smooth transition for everyone involved.

Seven Common Mistakes A Probate Law Firm Can Help You Avoid

Below, we explore some of the most common mistakes people make and how an experienced probate attorney can help you avoid them.

1. Failing to Properly Draft a Will

A poorly drafted will—or worse, not having one at all—can lead to serious probate complications. A will does need to meet specific requirements for it to be legally valid. These requirements include things such as:

The person who is making the will must be at least 18 years old and of sound mind. This means that you cannot have a minor create a will and that the person creating the will can make reasonable judgments and understand the consequences of their decisions.
The will must be in writing and signed by the person who is writing the will
Two witnesses must sign the will in the presence of the person writing the will and each other.

If any of these requirements are not met, the will could be declared invalid, meaning the estate would be distributed according to Florida’s intestacy laws rather than the deceased’s wishes. This can result in unintended heirs receiving assets, disputes among family members, and unnecessary court involvement.

A probate attorney ensures a will is properly drafted, executed, and updated as needed to reflect changes in family structure, financial status, and legal requirements.

2. Not Understanding Florida’s Homestead Laws

Florida has strong homestead protections that can impact probate.

The state’s homestead laws:

Shield a primary residence from most creditors.
Restrict how a homestead property can be transferred upon death.
Provide tax benefits to surviving spouses and minor children.

Many personal representatives and heirs misunderstand these laws, leading to incorrect transfers, unexpected creditor claims, or costly legal disputes. For example, if a married person tries to leave their homestead to someone other than their spouse, Florida law may override their will.

3. Overlooking Creditor Claims

When someone passes away, their debts don’t disappear.

State law requires personal representatives to:

Notify known and potential creditors.
Allow creditors to file claims against the estate within a specific timeframe.
Properly evaluate and settle valid debts before distributing assets to heirs.

Failing to follow these steps can result in legal actions against the estate, delays in closing probate, and even personal liability for the personal representative. Your attorney will ensure that creditor claims are handled correctly, preventing unnecessary complications.

4. Mishandling the Process

Probate involves numerous legal procedures, deadlines, and filings.

Common mistakes personal representatives make include:

Failing to file probate documents with the court in a timely manner.
Mismanaging estate assets or failing to account for them.
Distributing assets before all debts and taxes are paid.

These errors can lead to court intervention, penalties, and increased legal costs. Probate attorneys handle all aspects of the process efficiently, ensuring compliance with Florida law and avoiding costly missteps.

5. Not Considering Alternatives

Many people assume that all assets must go through probate, but this isn’t always the case. State law allows for probate alternatives that can save time and money, including:

Living trusts – Assets placed in a trust can bypass probate entirely.
Joint ownership – This is for property owned jointly with a spouse or someone else. In this instance rights of survivorship can automatically transfer to the surviving owner.
Payable-on-death (POD) accounts – Bank accounts and retirement funds can be designated to a beneficiary outside of probate.

A probate lawyer can review an estate plan to determine whether probate can be avoided altogether or simplified through proper planning.

6. Family Disputes and Litigation

Probate often brings out deep-seated family tensions, leading to conflicts over inheritance, asset distribution, or personal representative decisions.

Common causes of disputes include:

Allegations of undue influence in drafting a will.
Disagreements over the division of assets.
Accusations of personal representative misconduct.

Without legal guidance, these disputes can escalate into costly and time-consuming litigation. A probate attorney can mediate conflicts, ensure the process is handled fairly, and, if necessary, represent clients in court to protect their interests.

7. Improper Estate Tax and Financial Planning

Although Florida does not impose a state estate tax, federal estate taxes may still apply to large estates. Additionally, financial mismanagement during probate—such as failing to properly value assets or miscalculating tax obligations—can result in significant financial losses.

A probate law firm can help minimize tax liabilities, ensure proper financial management of the estate, and prevent unnecessary losses.

Handin Law: A Probate Law Firm You Can Count On

Navigating probate in Broward, Miami-Dade, and Palm Beach counties can be challenging. Whether it’s ensuring a will is valid, protecting homestead rights, handling creditors, or preventing family disputes, a probate law firm plays a crucial role in avoiding common mistakes.

If you’re dealing with probate or planning your estate, seeking legal guidance can save time, money, and unnecessary complications. If you need assistance with probate, consulting an experienced law firm such as The Law Offices of Gary I. Handin, P.A.,is the best way to ensure everything is handled smoothly.

Why DIY Probate Is Not Ideal