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Common Estate Settlement Mistakes in Florida

Avoid these costly and time-consuming errors when settling an estate. Each pitfall includes the relevant Florida statute so you can verify the requirements.

This information is educational. Consult an attorney for specific legal advice.

Avoid These Costly Mistakes

Each pitfall below is backed by Florida statute citations so you can verify the requirements yourself.

Quick Reference Tips

Calendar all deadlines immediately

Will deposit (10 days), inventory (60 days), creditor period (3 months) - miss these and you're in trouble.

The will doesn't control everything

Beneficiary designations, joint accounts, and survivorship deeds override the will.

Homestead is special in Florida

You cannot give away homestead by will if you have a surviving spouse or minor children.

Pay creditors before beneficiaries

Wait the full 3-month creditor period before distributing ANY assets to heirs.

Keep careful, detailed records

Document every transaction. The court can require a full accounting.

Sources: Florida Statutes Chapter 732 (Probate Code) | Florida Statutes Chapter 733 (Administration of Estates) | Article X, Section 4, Florida Constitution (Homestead)