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Frequently Asked Questions

Plain answers to the questions Florida families ask most about estate planning and probate.

Estate Planning

Answers drawn from the estate planning services we provide to Florida families.

What does 'Durable' mean in a Power of Attorney?

A 'Durable' Power of Attorney remains effective even if you become mentally incapacitated. A non-durable POA becomes invalid exactly when you need it most — which is why the word 'durable' is so important in Florida estate planning.

When does a Florida Power of Attorney take effect?

Under current Florida law, a Power of Attorney takes effect immediately upon signing. This is different from a 'springing' POA used in some other states. Because your agent has authority from the moment you sign, choosing someone you trust completely is essential.

What happens if I don't have one?

If you become incapacitated without a Power of Attorney, your family may be forced to petition the court for guardianship — a public, expensive, and often slow process. A Power of Attorney avoids all of that by giving your chosen person clear legal authority from the start.

Who should I choose as my agent?

Your agent should be someone whose judgment and integrity you trust without reservation — a spouse, adult child, or close friend who understands your values. During your consultation, we take time to think through this decision together so you feel confident in your choice.

Lady Bird Deed — Protect Your Florida Home and Skip Probate

Read the full Lady Bird Deed — Protect Your Florida Home and Skip Probate page →

Does a Lady Bird Deed avoid probate in Florida?

Yes. A properly drafted Lady Bird Deed transfers your Florida property directly to the named beneficiaries at your death without going through probate court. Because the transfer occurs by operation of law the moment you pass, there is no court filing, no waiting period, and no public process. For many homeowners in Lake County, Eustis, and The Villages, avoiding probate on the family home is the single most important reason to use this deed. If your estate includes financial accounts with named beneficiaries and a home covered by a Lady Bird Deed, your family may be able to settle your entire estate without a probate proceeding.

What are the disadvantages of a Lady Bird Deed in Florida?

A Lady Bird Deed covers only the specific real estate named in it and does not replace a comprehensive estate plan. If you own multiple properties, hold significant financial assets, or have a blended family with competing inheritance interests, a revocable living trust often provides more complete protection. Errors in drafting or recording the deed can create title problems that surface when your family tries to sell or refinance the property after your death. Coordination with your will, trust, and beneficiary designations is essential to make sure the deed works as intended within your broader plan. Donald Morrell reviews each client's full picture before recommending whether a Lady Bird Deed is the right tool.

Can I sell my house after creating a Lady Bird Deed in Florida?

Yes. One of the defining advantages of a Florida Lady Bird Deed is that you retain complete control over the property for the rest of your life. You can sell, mortgage, lease, change the named beneficiaries, or revoke the deed entirely without asking permission from anyone. Your beneficiaries acquire no ownership rights until the moment of your death. This full retained control is what distinguishes a Lady Bird Deed from a standard life estate deed, where the beneficiaries' consent is typically required before selling.

Does a Lady Bird Deed affect Florida Medicaid eligibility?

A Lady Bird Deed generally does not trigger Florida's Medicaid five-year lookback period. Because the grantor retains the power to revoke the deed, the transfer is not treated as a completed gift for Medicaid purposes. This is one of the key reasons Lady Bird Deeds are popular among older Lake County and Villages-area residents who want to preserve their home for their children while maintaining Medicaid planning flexibility. Florida's homestead protections also interact with the deed in important ways: if the property is your primary residence, state law restricts who you can name as beneficiaries if you have a surviving spouse or minor children. Donald discusses these constraints with every client before any deed is prepared.

How do I get a Lady Bird Deed in Lake County or The Villages?

The process begins with a consultation where Donald Morrell reviews your property, your family situation, and your broader estate plan goals. If a Lady Bird Deed is the right fit, Donald prepares a deed tailored to your specific circumstances, walks through every detail with you before anything is signed, and arranges for the deed to be signed, notarized, and recorded with the Lake County Clerk of Court. The full process typically takes two to three weeks from the first conversation to a recorded deed. Once recorded, your family inherits your home at your death without a court process.

How often should I review my plan?

We recommend reviewing your plan every 3 to 5 years, or immediately following any major family event, health diagnosis, or financial windfall.

Do I need a new plan if I moved to Florida?

While out-of-state Wills are generally valid, Florida has highly specific laws regarding homesteads, powers of attorney, and probate. It is strongly recommended to update your plan to Florida law.

Does this let someone make medical decisions for me?

No. A HIPAA Authorization only allows the release of information. You need a Healthcare Surrogate to grant decision-making authority.

Do I need this for my college-aged children?

Yes. Once your child turns 18, you lose the legal right to their medical information. Every young adult should sign a HIPAA waiver.

Should I put my passwords in my Will?

Never. Your Will becomes a public document during probate. Passwords should be stored securely offline or in a trusted password manager, with instructions left privately for your executor.

Do social media sites allow heirs to access accounts?

Without specific legal authorization in your estate plan, companies like Apple and Meta will often refuse access, even with a death certificate.

Probate

What families ask when a loved one has passed and an estate must move through the Florida courts.

Probate Attorney | Lake County & The Villages, FL

Read the full Probate Attorney | Lake County & The Villages, FL page →

Do I Need Probate in Florida if My Loved One Had a Will?

Having a Will does not automatically avoid probate in Florida. A Will still must be admitted to probate court before it can direct the transfer of assets. What determines whether probate is required is how the assets were titled -- not whether a Will exists. Assets held in a Revocable Living Trust, accounts with named beneficiaries such as life insurance and retirement accounts, and jointly owned property with rights of survivorship typically pass directly to heirs without court involvement. Assets titled solely in the decedent's name -- including real estate, bank accounts, and vehicles -- generally must go through probate even when a valid Will is in place. If you are unsure whether probate is required for your family's situation, a consultation with a Florida probate attorney can provide a clear answer.

How Long Does Probate Take in Florida?

Florida probate timelines depend on the type of administration required. Summary Administration -- available for estates valued under $150,000 in non-exempt assets, or when the decedent passed away more than two years ago -- can often be completed in four to eight weeks. Formal Administration, the standard process for larger or more complex estates, typically takes six to twelve months from the date of filing. Estates involving disputes among beneficiaries, unclear asset titles, creditor claims, or complex real estate holdings can take longer. At Final Approach Law, we keep families informed at every stage so there are no unexpected delays and no surprises along the way.

How Much Does Probate Cost in Florida?

Florida probate costs include court filing fees, publication fees for notifying creditors, and attorney fees. Florida law sets attorney fee guidelines for probate based on the gross value of the estate -- these fees are not arbitrary and are regulated by statute. For example, an estate valued at $100,000 carries a different statutory fee ceiling than one valued at $500,000. Additional costs may apply for accountings, appraisals, or contested matters. During your consultation, we will walk through the specific costs you can expect for your family's estate so you have a clear picture before any work begins. There are no hidden fees and no surprises at Final Approach Law.

How long does Formal Administration take?

Typically 6 to 9 months, though complex estates or litigation can extend the timeline.

Is an attorney required?

Yes, Florida law requires a Personal Representative to be represented by an attorney in almost all Formal Administration cases.

Does a homestead count towards the $150,000 limit?

No. A protected Florida homestead is considered an exempt asset and does not count toward the $150,000 threshold.

What if there are creditors?

If the decedent has been dead for less than two years, provisions must be made to pay known creditors before Summary Administration can be granted.

Where is the probate court in Lake County?

The Lake County Courthouse is located in Tavares, Florida. However, many filings and hearings can be handled electronically or virtually by your attorney.

Do I have to travel to Lake County if I live out of state?

Usually no. As your attorneys, we can handle the vast majority of the process on your behalf without requiring you to travel.

Which county do we file in?

Probate is filed in the county where the decedent was domiciled (their primary residence) at the time of death.

Can you help sell the house in The Villages?

While we handle the legal transfer of the property, we can also coordinate with local real estate professionals to facilitate a sale if desired by the heirs.

Who can serve as a Personal Representative in Florida?

Generally, you must be a Florida resident OR a close blood relative (or spouse) of the decedent. You must also be 18 or older and not have a felony conviction.

Do I get paid for being a Personal Representative?

Yes, Florida law entitles Personal Representatives to a reasonable fee for their services, usually based on the value of the estate.

Does the state take the money if there is no Will?

Rarely. The state only takes the assets (escheat) if no living relatives can be found, which is highly uncommon.

Who is in charge if there is no Will?

The court will appoint a Personal Representative. Florida law gives preference to the surviving spouse, followed by a majority vote of the heirs.

Can we sell the Florida property immediately?

No. You must open the Ancillary Administration and obtain court authority before the property can be legally sold.

Is it a full probate process?

It depends on the value of the Florida assets. It may qualify for a shorter Summary Administration if the criteria are met.

Am I personally responsible for my parent's debts?

Generally, no. Debts are paid from the estate's assets. If the estate runs out of money, the remaining debts usually go unpaid.

How long do creditors have to file a claim?

In Florida, creditors generally have 3 months from the time of publication, or 30 days from direct service of the notice, to file a claim.

Does the homestead go through probate?

While it passes outside the probate estate for creditor purposes, a probate proceeding is still usually required to get the judge's order confirming its homestead status.

Can the decedent leave the homestead to anyone?

No. If the decedent was survived by a spouse or minor child, Florida law strictly limits who can inherit the homestead.

Is the Elective Share automatic?

No. The surviving spouse must actively file an election with the probate court within a strict statutory deadline.

Can the Elective Share be waived?

Yes, spouses can waive their right to the elective share through a valid prenuptial or postnuptial agreement.

Can I use this to transfer a car or house?

No. This process cannot be used if the decedent owned real estate, and is generally limited to small bank accounts.

What expenses qualify?

Funeral expenses and reasonable medical bills incurred within the last 60 days of the decedent's final illness.

Every family’s situation is different. If your question is not answered here, ask us directly.

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