Florida Probate Myths to Avoid in 2025

Probate is one of the most misunderstood areas of estate planning, especially in Florida. Missteps, myths, and assumptions can lead to frustration, unexpected expenses, or added complications for your family. In 2025, with changes to both Florida’s probate laws and procedural rules, it’s more important than ever to separate fact from fiction.

Here’s a look at common Florida probate myths you should avoid, and what the law really says.

Myth 1: “If I have a will, my estate will never go through probate.”

The truth: A will sets out how you want your assets distributed, but it does not avoid probate. In Florida, most individual assets owned solely by you will still require probate, even if there’s a will. The court must validate the will, allow creditor claims, and supervise distribution of the assets.

Only assets with designated beneficiaries (like life insurance or retirement accounts), jointly owned property, or assets held in trust can bypass probate, depending on how they’re structured.

Myth 2: “Probate always takes years in Florida.”

The truth: While some complex or contested estates may drag on, many Florida probate cases move more quickly than people assume. For example:

• Summary administration (for smaller estates) can wrap up in weeks rather than months

• Formal administration in routine cases often completes within 6 to 9 months

• Delays typically happen when there are disputes, missing assets, unclear titles, or difficult creditor claims

That said, recent changes to Florida’s probate procedures (effective July 1, 2025) allow electronic service of formal notices under certain conditions, which may streamline some steps. Also, the probate rules have been updated to require revised handling of objections and notices.

Myth 3: “The executor can immediately distribute assets to beneficiaries after death.”

The truth: Not so fast. The personal representative (executor) must first obtain Letters of Administration or Letters Testamentary from the court before legally acting. They must then:

1. File the will (if one exists)

2. Serve notice to creditors and interested parties

3. Inventory, value, and secure estate assets

4. Resolve all valid claims, debts, and taxes

5. Only afterward distribute the remaining assets to beneficiaries

Distributing too early or without court approval puts the executor at risk of liability.

Myth 4: “Beneficiaries’ rights come first—debts and expenses don’t matter much.”

The truth: The estate's debts, taxes, and administration costs must be satisfied before beneficiaries receive anything. The personal representative operates under a fiduciary duty and must pay creditor claims and file required tax returns before disbursing assets.

If they ignore valid creditor claims or distribute assets prematurely, they may have to make up the shortfall out of their own pocket.

Myth 5: “You can’t contest a will once probate is underway.”

The truth: In Florida, certain parties can challenge a will during probate. Interested persons—typically heirs under intestacy rules or persons named in the will or prior wills—may file objections, contest based on undue influence, lack of capacity, fraud, or forged signatures.

Just because a will has been admitted doesn’t bar equitable remedies. Courts can impose a constructive trust to prevent improperly obtained property from passing to a beneficiary—even after probate.

Myth 6: “No-contest (in-terrorem) clauses will protect a will from challenges in Florida.”

The truth: Florida statute renders most no-contest clauses unenforceable. A beneficiary who challenges a will in good faith (i.e. a reasonable belief in a valid basis for challenge) will not automatically forfeit their inheritance under such a clause.

In short: including a no-contest clause is not a foolproof deterrent in Florida.

Myth 7: “If the estate is small, there’s no need for probate at all.”

The truth: Florida does offer summary administration for smaller estates, but that’s not the same as “no probate.” Even summary administration involves court steps, filings, and oversight—though in an expedited form. Qualifying for summary administration depends on the size of the estate, the period since death, and whether creditors are known.

Additionally, with changes in 2025, digital assets must now be included in value assessments—even small ones—when determining whether the threshold is met for summary administration.

New Florida Probate Changes (2025) You Should Know

• Electronic service requirement: Beginning July 1, 2025, formal notice must be served electronically to any lawyer who has appeared in the matter, in accordance with general rules of practice.

• Revised objection timing: Rule change adjusts when an objection to a personal representative’s proof of claim must be filed—either at the time of filing or promptly thereafter.

• Curator enhancements: New law codifies duties of curators (appointed when no personal representative has yet qualified), requires periodic reporting, and modifies bond requirements.

• Higher summary administration threshold: Estates valued up to $75,000 may now qualify for summary administration, depending on circumstances—though digital assets may push estates above that.

These updates reflect Florida’s intent to modernize probate and protect vulnerable estates.

Why Dispelling These Myths Matters

Believing myths about probate can lead people to neglect planning or make flawed assumptions that harm their heirs:

• Failing to account for probate costs

• Miscommunicating expectations to family

• Acting too soon or too late in estate distribution

• Overlooking inheritance challenges or disputes

• Underestimating the importance of proper legal counsel

A solid estate plan built around realistic probate expectations is more resilient, transparent, and fair.

How Absolute Law Group Can Help You Navigate Probate Realities

At Absolute Law Group, we assist Florida clients with:

• Reviewing your current plan to identify probate exposure

• Advising how to structure assets (trusts, beneficiary designations, joint ownership) to reduce probate burden

• Guiding executors through the correct and lawful steps of administration

• Representing parties in contests, objections, or claims

• Keeping you up-to-date on law changes, including the 2025 rule amendments

Let’s talk so your family faces clarity—not myths—when the time comes.