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    • Erin Kirkwood
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    • Probate
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Probate

Notifying creditors of Florida probate proceedings

On Behalf of Erin Kirkwood Law, PLLC | Mar 20, 2026 | Probate

The Florida probate process can be relatively complex. It imposes a variety of obligations on personal representatives, including a responsibility to satisfy the financial obligations of the deceased individual. Creditors should receive notification of pending probate...

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What happens when a deceased snowbird owned property in Florida?

On Behalf of Erin Kirkwood Law, PLLC | Mar 5, 2026 | Probate

Many retired individuals have seasonal homes in Florida. They spend much of the year in a northern location with their families, but they spend the coldest months of the year at a property in Florida.  When people die, their surviving family members typically initiate...

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What happens if a Florida resident dies without a will?

On Behalf of Erin Kirkwood Law, PLLC | Feb 18, 2026 | Probate

Too many people don’t think it’s necessary to create an estate plan – even just a will. They just assume that their assets will go directly to their closest family members, like their spouse and children. While this is generally true, it’s important to know that state...

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What should you know about probate in Florida?

On Behalf of Erin Kirkwood Law, PLLC | Feb 9, 2026 | Probate

When a person dies, their estate will likely go through the probate process. In Florida, this is required if assets are held in the person’s name without having beneficiary designations. It’s possible that some property may be handed down to beneficiaries without...

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Must personal representatives travel to Florida for probate court?

On Behalf of Erin Kirkwood Law, PLLC | Jan 18, 2026 | Probate

A personal representative or executor manages an estate. They must communicate with the probate courts about the status of the estate. If there is an estate plan, the personal representative must follow the deceased party's instructions. If there is no estate plan,...

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Is a probate bond necessary in Florida?

On Behalf of Erin Kirkwood Law, PLLC | Jan 5, 2026 | Probate

When a Florida probate judge asks you to post a bond, it can feel like a personal slight. You stepped up during a difficult time to manage a loved one’s final wishes, only to find out you need an insurance policy to prove you will not mishandle the estate. It is...

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Why do families need an ancillary probate in Florida?

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

When a person passes away, they might own property in more than one state. If this happens, their family often has to handle two separate court cases. If the person lived outside Florida but owned a condo, vacation home or land there, Florida law requires a special...

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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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