MMD Law Advocates Probate Attorneys: Compassionate Guidance Through Florida & Miami-Dade Probate

Frequently Asked Questions About Florida Probate Law

What is the strict timeline for depositing a Last Will and Testament with the clerk of court in Florida?

Under Florida Statute § 732.901, the individual in physical possession of an original Last Will and Testament is legally required to deposit it with the clerk of the circuit court within 10 days of learning about the testator's passing. This specific mandate applies to the physical document itself, rather than the formal opening of an estate administration. While missing this brief 10-day window does not automatically invalidate the will or prevent a law firm from initiating probate at a later date, unnecessary delays can severely stall real estate transfers, expose estate property to risk, and complicate asset management. Additionally, if the family delays the formal probate process for more than two years from the date of death, the estate triggers Florida’s absolute two-year nonclaim statute under Florida Statute § 733.710, which automatically bars all general, unsecured creditor claims.

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Does a Florida constitutional homestead avoid the court-supervised probate process?

Even though a primary residence qualifying as a constitutional homestead under Article X, Section 4 of the Florida Constitution is protected from unsecured estate creditors and is excluded from general probate asset calculations, it does not automatically bypass the court system if it was owned solely in the decedent's name. If the real estate was not held in a living trust or protected by a deed utilizing joint tenancy with rights of survivorship, a probate judge must still formally review the property's legal status. The court must issue a formal "Order Determining Homestead Status of Real Property" to establish a clean chain of title from the decedent to the lawful heirs. Because the home’s financial value is excluded from the gross probate estate calculation, families can frequently utilize an expedited summary administration to clear the real estate title, even if the homestead property is worth hundreds of thousands of dollars.

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What are the execution requirements for an electronic or digital will to be legally valid under Florida law?

For a digital or electronic will to be admitted to probate in Florida, it must comply precisely with the execution boundaries established by the Florida Electronic Wills Act under Florida Statute § 732.522. The testator must execute the document electronically in the simultaneous presence of two attesting witnesses and a certified online notary public via a secure, recorded live video conference that complies with the Remote Online Notarization (RON) rules under Chapter 117 of the Florida Statutes. To maintain its self-proving status, the electronic file must be securely held and controlled by a designated, statutory qualified custodian. It is critical to note that under Florida Statute § 415.102, if the testator meets the legal definition of a vulnerable adult, the use of remote video witnessing is strictly prohibited, meaning the witnesses must be physically present in the same room as the testator for the digital will to stand up in court.

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What legal remedies does a Personal Representative have if a financial institution ignores Letters of Administration?

When a bank, brokerage firm, or corporate entity stalls or refuses to recognize valid Letters of Administration, a Personal Representative can utilize immediate statutory leverage to force compliance rather than accepting corporate delays. Under Florida Statute § 733.612(28), the Personal Representative holds explicit authority to initiate a formal enforcement action against the uncooperative entity. To directly combat institutional stonewalling, Florida Statute § 733.6125 establishes a strict fee-shifting framework for a "Proceeding to Enforce Authority." If an estate is forced to bring legal action because a financial institution refuses to release frozen account balances, turn over records, or grant lawful access to a safe-deposit box under Florida Statute § 655.933, the probate court is mandated to award taxable costs and can order the non-compliant bank to pay the estate's reasonable attorney fees.