Common Probate Mistakes to Avoid in Florida

One mistake can delay probate for months—sometimes even longer. Here’s what to watch out for.

Probate can already feel overwhelming, especially when you’re dealing with grief and paperwork at the same time. In Florida, making the wrong move during probate can lead to expensive delays, disputes, or even court sanctions. Below are some of the most common probate mistakes—and how to avoid them.

1. Failing to Notify Creditors Properly

Florida law requires personal representatives to notify known and reasonably ascertainable creditors of the decedent’s death. You also need to publish a Notice to Creditors in a local newspaper to alert unknown creditors. 

Example: John was appointed as the personal representative for his aunt’s estate. He didn’t publish a Notice to Creditors and failed to inform one known credit card company. Months later, the creditor filed a claim—and John was personally on the hook for the debt because he had already distributed the estate funds.

Avoid it: Work with a probate attorney to make sure all creditors are properly notified within the legal timeframe (generally 3 months after notice is published).

2. Misidentifying or Failing to Locate All Heirs and Beneficiaries

Florida probate requires that all legal heirs and named beneficiaries be properly notified, even if they’re estranged or live out of state. 

Example: Maria handled her father’s probate case but failed to notify her half-sister from a prior marriage. The court had to halt the proceedings, and a hearing was scheduled to resolve the oversight. It delayed probate by over six months.

Avoid it: Use public records, genealogy services, or legal guidance to identify and contact every person entitled to notice.

3. Not Filing Required Documents on Time

Florida courts require specific forms, such as the Petition for Administration, Inventory, and Accounting Reports, to be filed by set deadlines. 

Example: David missed the deadline to file the Inventory of Assets, assuming it wasn’t urgent. The court issued an Order to Show Cause, threatening to remove him as personal representative.

Avoid it: Track deadlines carefully and don’t assume any form is optional. Consider hiring a probate attorney or paralegal to keep things organized.

4. Distributing Assets Too Early

Some personal representatives hand out inheritances before debts and taxes are fully settled. This is risky and can make them personally liable. 

Example: Susan distributed her brother’s estate to family members before checking for outstanding medical bills. Later, a hospital filed a large claim, but the estate was empty.

Avoid it: Don’t distribute any assets until you’re sure all valid debts, taxes, and expenses have been paid.

5. Not Hiring Help When It’s Needed

Trying to handle everything on your own can be a big mistake, especially if the estate involves property, disputes, or business interests.

 Example: Carl managed a probate case involving rental properties and got overwhelmed by tenant issues, insurance deadlines, and court paperwork. He eventually had to hire an attorney—after losing rental income and getting fined for non-compliance.

Avoid it: Probate is a legal process. Don’t hesitate to consult an experienced probate attorney to guide you.

Need help navigating probate in Florida? If you're facing creditor claims, missing heirs, or tight court deadlines, we can help make the process smoother and legally compliant.

For more information, contact our office at Askew & Associates, P.A. by calling 954-546-2699.

Disclaimer: this blog post is not intended to be legal advice. We highly recommend speaking to an attorney if you have any legal concerns.