Florida estate planning and probate questions, answered.

Florida's intestacy laws decide who inherits. A surviving spouse may receive the entire estate or share it with children, depending on whether either spouse has children from another relationship. If there is no spouse, the estate generally passes to children, then to parents, and then to brothers and sisters. A properly executed will allows you to make these decisions yourself.

For many Venice families, a will paired with a Lady Bird deed on the home is sufficient. A revocable living trust is often the better choice for blended families and for owners of property in more than one state. Season can usually give you a clear recommendation during your first conversation.

In some simple situations it may be, but Florida has specific signing requirements and homestead rules that online services do not always address. Errors in a will often are not discovered until probate, when they are more difficult and costly to correct.

A Lady Bird deed, formally an enhanced life estate deed, allows your home to pass to your chosen beneficiaries at your death without probate, while you keep full control during your lifetime. Few states other than Florida offer this option.

You must sign the will, or acknowledge your signature, in the presence of two witnesses, who then sign in your presence and in each other's presence. A notarized self-proving affidavit, included with every will Season prepares, allows the court to accept the will without contacting the witnesses later.

The most significant differences are Florida's homestead protections, the signing requirements for wills, the residency requirements for personal representatives, the availability of Lady Bird deeds, and the spousal elective share. Each can change how a plan works, and each is addressed when your plan is prepared.

A surviving spouse is generally entitled to about 30 percent of the elective estate, regardless of what the will says. This rule is especially important for blended families, and plans are designed with it in mind.

No. When properly prepared, a Lady Bird deed preserves your homestead status, your homestead tax exemption, and your Save Our Homes assessment limitation during your lifetime.

After any major life event, such as a marriage, a divorce, the birth of a child or grandchild, a death in the family, a move to Florida, or a significant change in assets. Otherwise, a review every three to five years is recommended.

Summary administration usually takes one to three months. Formal administration usually takes six to twelve months, which includes the three-month period for creditors to file claims. Estates with complex assets or tax filings may take longer.

Summary administration is generally available when the value of the estate subject to probate, excluding exempt property, is $150,000 or less, or when the person passed away more than two years ago. Florida raised this limit from $75,000 to $150,000 on July 1, 2026. If the person died before that date, confirm which limit applies to the estate. It is usually faster and simpler than formal administration.

Probate is filed with the Clerk of the Circuit Court in the county where the person lived, and Spanski Law files in any Florida county. For residents of Venice, Sarasota, North Port, and the Sarasota County portion of Englewood, that is Sarasota County. For Port Charlotte, Punta Gorda, and the Charlotte County portion of Englewood, it is Charlotte County.

Only if the person is a qualifying relative, such as a spouse, child, parent, grandparent, sibling, aunt, uncle, niece, or nephew. A friend who lives outside Florida generally cannot serve.

Spanski Law handles uncontested probate, meaning matters in which the beneficiaries are in agreement and no one is challenging the will. If a dispute appears likely, Season and her staff will tell you during your first conversation.

Spanski Law charges flat fees for estate planning, quoted in writing after your complimentary 15-minute call or in-person consultation, so you know the full cost before any work begins.

No. The first step is a complimentary 15-minute call or in-person consultation with Season or her staff. If Spanski Law is a good fit, you will receive a written fee proposal for the work discussed.

Initial conversations can be held by phone or video. Estate planning documents are signed in person at the Venice office, where the required witnesses and a notary are present. Most probate work can be handled with few, if any, in-person visits.

For estate planning, bring any existing wills, trusts, or powers of attorney, a copy of the deed to your home, and a general list of your accounts and life insurance. For probate, bring the will if there is one, a death certificate, and a list of the person's assets. If you do not have everything, Season and her staff will help you identify what is needed.

Medicaid planning is not a primary practice area, but Spanski Law prepares documents connected to Medicaid qualification on a case-by-case basis, often alongside a Lady Bird deed. Mention it during your first conversation.