Florida Probate Attorney

When a person under a contested guardianship in Florida passes away, the case does not simply end. The court’s authority over the ward shifts from protection during life to administration of the estate after death. Our firm focuses on that exact handoff: guiding families and fiduciaries through the moment a Chapter 744 guardianship closes and a Chapter 731 probate proceeding opens. We practice Florida law only, and the friction of a contested guardianship often carries straight into the probate file.

Why the Guardianship-to-Probate Handoff Is Different

A contested guardianship usually means siblings, a current spouse, or adult children have already litigated capacity, accounting, or who should serve. Once the ward dies, the guardian must file a final report and account under Florida’s Probate Code, and the probate estate takes over. Disputes about misused funds, undisclosed assets, or a will signed near the time of incapacity tend to resurface immediately. We help personal representatives and beneficiaries carry those facts into formal administration without losing the record built during the guardianship.

Formal vs. Summary Administration

Florida offers two main probate paths. Formal administration appoints a personal representative and is typical when the estate exceeds $75,000 in non-exempt assets or when disputes are likely. Summary administration is available when non-exempt assets are $75,000 or less, or the decedent has been dead more than two years. Estates emerging from contested guardianships almost always proceed by formal administration because the contest itself signals litigation risk.

Homestead and Exempt Property

Florida’s homestead protections under Article X, Section 4 of the state constitution are powerful and often misunderstood. Homestead generally passes outside the probate estate and is protected from most creditors, but the way a ward’s residence was handled during guardianship, including any court-approved sale, directly affects what is left to administer.

The Surviving Spouse’s Elective Share

Under Florida Statute 732.2065, a surviving spouse may claim an elective share equal to 30 percent of the elective estate. When a spouse was on one side of a guardianship contest, the elective share frequently becomes the central probate dispute. We calculate the elective estate and advise on timing and waiver issues.

Wills, Trusts, and Lady Bird Deeds

We review wills for compliance with Florida Statute 732.502, evaluate revocable and irrevocable trusts under Chapter 736, and examine enhanced life estate (Lady Bird) deeds that may have transferred property before death. A durable power of attorney under Chapter 709 used during the guardianship can also raise accounting questions in probate.

Talk With a Florida Probate Attorney

Every estate is fact-specific. This page is general information, not legal advice. Before acting on any deadline or distribution, consult a licensed Florida attorney who can review your documents and the guardianship record. We welcome the chance to discuss your situation.