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    • Erin Kirkwood
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    • Probate
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Probate

How long do creditors have to file claims during probate?

On Behalf of Erin Kirkwood Law, PLLC | Nov 5, 2025 | Probate

The probate process imposes many responsibilities on executors and personal representatives. They must secure and catalog estate resources. They must follow instructions included in the estate plan and conform to state statutes. They also have to fulfill the financial...

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How can you avoid probate delays in Florida?

On Behalf of Erin Kirkwood Law, PLLC | Oct 17, 2025 | Probate

When someone dies, their family must handle their money and property through a legal process called probate. In Florida, this process can take months or even longer without a solid plan. Taking simple steps now can make things much easier for your loved ones later....

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The impact of Florida’s homestead exemption on probate

On Behalf of Erin Kirkwood Law, PLLC | Sep 21, 2025 | Probate

Here in Florida, the homestead exemption is an important distinction that protects a decedent’s primary residence from claims against their estate. While this is a good thing, it does add a layer of complexity to the probate process. Let’s dive in and learn more about...

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3 tips for avoiding disputes when administering an estate

On Behalf of Erin Kirkwood Law, PLLC | Aug 27, 2025 | Probate

If you accepted the responsibility of being someone’s named personal representative, it is important to try and carry out the job effectively and efficiently. One thing that could make this much harder is having a beneficiary file a legal challenge against you over...

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3 risks for personal representatives during probate

On Behalf of Erin Kirkwood Law, PLLC | Aug 4, 2025 | Probate

Estate administration requires months of commitment. Executives or personal representatives have to manage, sell or distribute estate resources. They carry out the testator's last wishes as outlined in an estate plan. Other times, they must defer to intestate...

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Is a “will reading” part of probate?

On Behalf of Erin Kirkwood Law, PLLC | Jul 18, 2025 | Probate

People sometimes think that a will reading is a necessary part of the probate process. At the beginning of probate, heirs and beneficiaries sit down in a room with the deceased’s lawyer, who reads the will to them and informs them of what they should expect as an...

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What is the cost of probate in Florida?

On Behalf of Erin Kirkwood Law, PLLC | Jul 7, 2025 | Probate

When a loved one passes away, there are many arrangements that have to be made. There are also tasks that must be completed. One of these tasks might be going through the probate process.  Probate in Florida can be overwhelming, both emotionally and financially. In...

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3 things you need to know about ancillary probate

On Behalf of Erin Kirkwood Law, PLLC | Jun 24, 2025 | Probate

Ancillary probate is an additional probate process required when someone dies owning real estate or property in Florida while living elsewhere. This secondary probate proceeding occurs because the probate court in your home state lacks legal jurisdiction over Florida...

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Dealing with debts in Florida probate 

On Behalf of Erin Kirkwood Law, PLLC | May 12, 2025 | Probate

Losing a loved one is never easy, and sorting through their affairs afterward can feel overwhelming. In Florida, the probate process helps settle a loved one’s estate, including any unpaid debts they may have left behind.  From credit card balances to medical bills,...

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Who pays debts and creditor claims against the estate?

On Behalf of Erin Kirkwood Law, PLLC | Apr 29, 2025 | Probate

When someone passes away, even if it was an expected passing and they made some plans in advance, there’s certainly a chance that they’re still going to have different outstanding debts. These could result in creditor claims against the estate as various creditors try...

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