Erin Kirkwood Law, PLLCErin Kirkwood Law, PLLC2026-10-02T19:38:38Zhttps://www.erinkirkwoodlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1104652/2022/04/fav.pngOn Behalf of Erin Kirkwood Law, PLLC<![CDATA[Does an estate’s personal representative get paid in Florida?]]>https://www.erinkirkwoodlaw.com/?p=478182026-10-02T19:38:38Z2026-10-02T19:38:38ZIt’s an honor to be the personal representative of someone’s estate – but it’s also a lot of work. There’s property to secure, bills to pay, heirs to locate, tax matters to handle and – eventually – distributions to make to beneficiaries when the estate closes. It isn’t a small job.
In Florida, a personal representative generally does not have to take on all of these responsibilities for free. The law permits personal representatives to receive reasonable compensation for services performed while administering an estate.
How much can a personal representative receive?
The amount a personal representative is due, however, may depend on the value of the estate, the terms of the will and the work required during the probate process. Florida has a schedule of commissions that are automatically considered reasonable. The commission is calculated using the net value of the estate that can be used to pay claims, which generally includes the value of the assets in probate as well as any income earned by the estate during its administration, such as through investments.The statutory schedule provides for the following compensation to personal representatives:
3% of the first million in the estate
2.5% of the amount above a million and up to $5 million
2% of the amount over $5 million, up to $10 million
1.5% of any amount above $10 million
For example, if the compensable value of an estate is $500,000, a 3% commission would equal $15,000.However, this schedule does not necessarily determine the fee in every estate. A will may contain specific provisions addressing compensation that take precedence. A personal representative can also choose to give up some or all of their compensation. In addition, some estates require a lot more work than others, justifying additional compensation. It is important to note, however, that the compensation is generally paid from the estate, rather than directly by the beneficiaries. Questions about compensation can become particularly important when an estate is complicated or beneficiaries disagree about how it is being handled. A Florida probate attorney can explain how the state's compensation rules apply to a particular estate and address disputes over whether a fee is reasonable.
]]>On Behalf of Erin Kirkwood Law, PLLC<![CDATA[The client-centered approach: How Erin Kirkwood prioritizes your needs]]>https://www.erinkirkwoodlaw.com/?p=477892026-09-17T16:42:33Z2026-09-17T16:42:33ZEstate planning and probate attorney Erin Kirkwood is known for her client-centered approach. She knows that the legal process can be intricate and complicated, and her goal is always to demystify this process for her clients. She focuses on clarity and communication every step of the way. She is always available to answer questions and help clients make informed decisions.
Part of the reason for this approach is that she has more than 25 years of valuable experience. She understands the legal process in Florida in a way that few people do. This vast wealth of experience has helped her understand what specific needs and hurdles her clients face. Her goal is to help them address these in turn, ensuring that they work toward the desired outcome and understand all of the legal options that they have.
A compassionate guide
Attorney Kirkwood is also known for being a compassionate guide during this process. Both Florida probate and estate planning can be an emotional time for families. She helps to ease the burden on these family members, providing empathetic advice and assistance. During a difficult time, she is a legal advocate you can lean on to help you explore your options in a compassionate and caring way.Furthermore, she can offer guidance in many different areas. She handles all aspects of estate planning and probate, from drafting an initial will to considering documents like advance directives or establishing a trust. She can help people consider both financial and medical decisions. She helps family members address complications that can arise, and she helps facilitate smooth communication, which often helps the process move forward efficiently.You do not have to go through the estate planning or probate process alone. Attorney Kirkwood is here when you need guidance and support. Just take the time to carefully consider all of your legal options.]]>On Behalf of Erin Kirkwood Law, PLLC<![CDATA[What happens if a beneficiary can’t be located?]]>https://www.erinkirkwoodlaw.com/?p=477502026-08-30T00:33:02Z2026-08-30T00:33:02ZWhat does Florida law say?
That’s why Florida has a number of statutes that address the steps a personal representative is required to take to locate them and notify them of their inheritance. These laws also stipulate deadlines and time limits that must be followed for these notifications as well as where they must be published. The law requires executors to perform a “diligent search and inquiry” to locate any beneficiary named in a Florida estate plan.
Of course, it’s crucial to ensure that if someone is located, they are the intended beneficiary. That’s one reason it’s so important for those creating an estate plan to be as specific as possible when naming individual beneficiaries (as well as non-profit organizations and other entities), providing full names, addresses, phone numbers and tax ID numbers as applicable.
Contrary to popular belief, if a beneficiary cannot be located or confirmed to be dead, the assets don’t go to any contingent beneficiaries. Under the law, they are held for ten years and then they escheat (transfer) to the state.
Florida law is very specific regarding its standards in re: on how personal representatives are to handle situations in which a beneficiary cannot be located. There are multiple timelines that must be followed. Getting experienced legal guidance can help those involved in estate administration to avoid unnecessary and potentially costly missteps accordingly.]]>On Behalf of Erin Kirkwood Law, PLLC<![CDATA[Managing an estate when credit card debt is left behind]]>https://www.erinkirkwoodlaw.com/?p=477302026-08-16T00:51:34Z2026-08-16T00:51:34ZWho is responsible for paying off the debt?
Unless a card has a joint owner, like a spouse or adult child, or someone co-signed on the application, the estate itself is responsible for paying the debt. It needs to be paid from the estate assets before any inheritances are distributed.
Credit card companies and other creditors and collection agencies typically can’t require family members and/or estate administrators to pay a deceased person’s debt except in the cases discussed above. However, a personal representative could potentially be responsible for paying off debt or fees if they distribute inheritances before these liabilities are handled to whatever degree the estate can pay them.
What if an estate is insolvent?
If a deceased person left more debt than assets, their estate is considered insolvent. Florida law dictates in what order debt and other expenses are paid off. It’s critical that this is handled correctly and according to the law to avoid unnecessary legal or financial complications. Those who are administering an estate that they believe may be insolvent should get experienced legal guidance as early as possible, accordingly.]]>On Behalf of Erin Kirkwood Law, PLLC<![CDATA[Can AI be of use during probate in Florida?]]>https://www.erinkirkwoodlaw.com/?p=477282026-08-10T20:22:32Z2026-08-10T20:22:32ZArtificial intelligence is becoming an increasingly popular tool for organizing information, drafting documents and answering general legal questions. To that end, for families navigating probate in Florida, AI may offer some practical benefits.
However, it is important to understand when this technology may be helpful and when it should be treated with caution, both during estate planning and estate administration.
Where AI is useful – and where it is dangerous
One of AI's greatest strengths is organization. Personal representatives and family members often need to gather financial records, create inventories of assets, track deadlines and compile information about creditors during the probate process. AI-powered tools may help individuals to create checklists, organize documents or summarize lengthy financial records, making it easier to manage the administrative side of probate.AI can also help individuals learn about basic probate terminology. Someone unfamiliar with concepts such as personal representatives, beneficiaries, creditors' claims or estate inventories may use AI to obtain general explanations before meeting with an attorney. Arriving at a legal consultation with a better understanding of the process can make conversations with legal counsel more productive.What AI cannot do is provide personalized legal guidance or resolve disputes. Probate often involves issues that require careful analysis of Florida law, including interpreting wills, determining the validity of estate planning documents, resolving disagreements among beneficiaries and addressing creditor claims. These matters frequently depend on facts that an AI system cannot fully evaluate.There is also the risk of relying on inaccurate or overly general information. Probate laws differ from state to state, and legal requirements can change over time. Guidance that appears reasonable in the abstract may not apply to a Florida estate and/or could overlook important procedural requirements.
The bottom line: Use with caution, even when the use is limited
When it comes to probate, AI should be viewed as a helpful assistant rather than a replacement for experienced legal counsel. It can support organization and education, but important legal decisions should be made with the benefit of personalized, professional assistance. ]]>On Behalf of Erin Kirkwood Law, PLLC<![CDATA[When should you use an irrevocable life insurance trust?]]>https://www.erinkirkwoodlaw.com/?p=476932026-07-29T19:28:17Z2026-07-29T19:28:17ZReducing estate tax exposure through ownership transfer
Estate tax applies when assets exceed the federal exemption threshold, which sits at $15 million per individual. The exemption under current law is scheduled to decrease significantly after 2025 unless Congress acts, which makes planning ahead increasingly relevant for high-value estates. Life insurance proceeds are included in the taxable estate under IRC section 2042 if the deceased owned the policy at death.
When an irrevocable life insurance trust owns the policy instead, the death benefit may be removed from estate tax calculations. The trust holds the policy and distributes proceeds based on the terms set at creation. The IRS applies a three-year lookback rule under IRC section 2035, so transferring an existing policy requires careful timing to avoid having the proceeds pulled back into the taxable estate.
Protecting assets from creditors and legal claims
Assets held in an irrevocable trust often remain beyond the reach of creditors under applicable state law. When the policy owner transfers the policy to the trust, they give up control in exchange for that separation. This may shield the death benefit from future creditor claims against heirs, though the level of protection varies by state.
Medicaid eligibility and long-term care planning
Life insurance with cash value may count as a Medicaid asset, potentially affecting eligibility for long-term care coverage. Transferring a policy to an irrevocable trust may remove it from countable assets, but timing matters significantly. Medicaid imposes a five-year lookback period for asset transfers, and moving a policy within that window before applying for benefits can trigger a penalty period. Consulting with an attorney who understands your state's Medicaid rules is important before using this strategy.
Understanding the commitment before creation
Establishing an irrevocable life insurance trust requires careful consideration. Once created, the grantor generally cannot modify terms, reclaim ownership, or access cash value. Funding the trust with annual premium payments may trigger gift tax reporting requirements, typically managed through Crummey notices that qualify the contributions as present interest gifts.
Working with an estate planning attorney helps determine whether this structure fits your specific financial goals and family circumstances before you commit to an irrevocable arrangement.]]>On Behalf of Erin Kirkwood Law, PLLC<![CDATA[Could your estate plan’s structure delay an inheritance?]]>https://www.erinkirkwoodlaw.com/?p=476732026-08-04T18:37:58Z2026-07-18T20:08:22Zavoiding inheritance delays.
This approach generally will not happen if you use a standard will. You can select beneficiaries and give them certain assets in a will, but that distribution happens during probate. This process occurs in the weeks or months after you pass away. If you would like to delay a distribution further, you likely need to take additional steps.
Setting up a trust
For example, perhaps you are naming beneficiaries and you get to one of your grandchildren. They are still a minor, perhaps a high school student. You are worried that if you pass away in the next few years, they could still be underage. Even if they are a legal adult, they may just be 18 or 19 years old.
To delay their inheritance, one option is to set up a trust. You’ll still name them as a beneficiary, as you would in your will. But you also choose a trustee to be in charge of the distribution of the funds. In this scenario, the beneficiary wouldn’t be able to access the money unilaterally.
While creating a trust, you’ll give that trustee explicit instructions about when to allow the beneficiary to use the money. You could set it up so that they get 50% of their inheritance at 25 and the other 50% at 30 years old, for example. The exact terms will be up to you.
This is just one way to use a trust in your estate plan. Take the time to carefully look into all of your legal options. That way, you can feel confident about whatever approach you ultimately choose.]]>On Behalf of Erin Kirkwood Law, PLLC<![CDATA[How Probate Works in Indian River County Courts]]>https://www.erinkirkwoodlaw.com/?p=476712026-08-04T18:10:56Z2026-06-30T08:34:15ZIn Indian River County, probate is handled by the Circuit Court. These cases go through the Civil Division. They handle both probate and guardianship concerns.It is important to be aware of certain fees that may need to be paid, such as a one-dollar index fee for a miscellaneous will. Another key detail to remember is that the probate division is paperless, which means that they handle e-filing and communication is done through email.When opening an estate case or closing a formal estate, checklists are provided and personal signatures are required to verify that the checklists are complete and correct.
Do You Need a Probate Lawyer in Indian River County?
It can be very helpful to work with an experienced probate lawyer in Indian River County. They can help you determine exactly what paperwork to file, handle communications with the court, go over the checklists to ensure that they are complete and assist with any questions. An attorney can be especially helpful if there are any probate disputes or conflicts among beneficiaries that need to be resolved.Technically, you can file a "pro se" case. You can do this without an attorney, though you will work with a case manager. That said, a knowledgeable attorney can make the process go smoothly, especially if you have never been through it before.
Local procedures align with statewide guidance on navigating probate court.
What to Do After a Loved One Passes Away in Indian River County
After a loved one passes away, a hearing request needs to be submitted. This can be done by email, sending a copy of the motion/petition to the judicial assistant. This request should also identify the parties that will be involved and the amount of time that may be necessary.After the petition has been submitted, the court can set up the initial probate hearing. It is very important to note all dates and deadlines as the case moves forward.If you are going through probate in Indian River County, Florida, make sure you know exactly what legal steps to take and what obligations you have.
]]>On Behalf of Erin Kirkwood Law, PLLC<![CDATA[What is the cost of probate in Florida?]]>https://www.erinkirkwoodlaw.com/?p=476692026-06-29T22:53:58Z2026-06-29T22:53:58ZProbate in Florida can cost anywhere from a few hundred dollars for a summary administration to several thousand dollars or more for a formal administration. The final amount depends on the overall estate size, attorney fees, mandatory court costs, and the complexity of the assets involved across Florida estates.
Florida probate court costs and filing fees
Every estate going through the Florida probate courts must pay mandatory filing fees. These fees cover the administrative cost of processing petitions, issuing letters of administration, and managing the court docket. Probate court costs in Florida vary by county (Miami-Dade and other larger counties may differ slightly from smaller rural counties) and by the type of administration required:
Summary administration (approximately $345–$400): This expedited process carries lower Florida probate filing fees. It is available for small Florida estates valued under $75,000 or cases where the decedent has been deceased for more than two years.
Formal administration (approximately $400–$500 or more): This full probate process carries a higher baseline filing fee and is legally required for most substantial Florida estates, particularly those involving real property, multiple beneficiaries, or unresolved creditor claims.
Filing fees are just the starting point. Attorney fees and administrative costs typically represent the larger portion of total probate expenses.
Additional probate costs in Florida
Beyond court filing fees and attorney fees, Florida estates routinely encounter secondary administrative costs that must be settled before assets can be distributed to beneficiaries:
Personal representative fees: personal representatives are entitled to statutory compensation calculated as a percentage of the estate's gross value, often starting at 3% for the first $1 million. Family members frequently choose to waive this fee.
Accounting fees ($1,000–$5,000 or more): Complex estates involving dense financial portfolios, final tax returns, or estate tax obligations often require professional accounting services.
Appraisal fees ($300–$1,000 or more per asset): Real estate, business interests, and valuable collectibles typically require certified appraisals to establish fair market value for distribution purposes.
Publication notice ($100–$500): Florida law requires a formal Notice to Creditors to be published in a local county newspaper once a week for two consecutive weeks. Costs vary depending on the publication.
Many of these costs can be reduced or avoided entirely through proactive estate planning, including revocable living trusts and strategic beneficiary designations that allow assets to transfer outside of probate altogether.
Summary vs. formal administration: a cost comparison
The choice between summary and formal administration affects both the total cost and the timeline for settling the estate:
Summary administration is significantly faster and less expensive, often concluding within a matter of weeks. For eligible estates, total administrative and legal costs may remain under $1,500. However, this track is not available for estates with complex debts, high-value unresolved assets, or beneficiaries who require extended court oversight.
Formal administration requires the appointment of a personal representative and ongoing judicial supervision throughout the process. Depending on whether attorneys bill at an hourly rate or use the statutory percentage-based fee structure under Florida law, total costs for a formal administration can range from approximately $3,000 to well over $10,000. Timelines regularly extend from six months to a year or longer.
Understanding which process applies to a specific estate is one of the first and most consequential decisions in the probate process.
When should you speak to a Florida estate planning attorney?
Whether you are currently managing a loved one's estate or planning ahead for your own, understanding these costs is the first step toward protecting your family's financial security. Contact Erin Kirkwood Law, PLLC today to schedule a consultation and explore the estate planning options that best fit your situation.]]>On Behalf of Erin Kirkwood Law, PLLC<![CDATA[What happens to a Port St. Lucie home when owners die intestate?]]>https://www.erinkirkwoodlaw.com/?p=476672026-06-17T18:04:37Z2026-06-17T18:04:37ZWhen a homeowner in Port St. Lucie passes away without a valid will, family members may be left wondering what will happen to the deceased’s house. In Florida, dying without a will is known as dying "intestate." In these situations, state law—not the deceased person's wishes—determines who inherits the property at issue.The first question is how the home was titled. If the property was owned jointly with rights of survivorship or held by a married couple as tenants by the entirety, ownership may automatically pass to the surviving owner outside of probate. However, if the deceased person owned the home solely in their name, the property will typically become part of the probate estate.
When probate governs what happens next
Florida's intestate succession laws establish who inherits when there is no will. In some cases, a surviving spouse may inherit the entire estate. In others, particularly when the deceased had children from a previous relationship, the home and other assets may be divided among multiple heirs. The specific outcome depends on the family's circumstances and the relationships of the surviving relatives.A house that becomes part of a probate estate cannot simply be sold or transferred immediately after death. The probate court must appoint a personal representative to administer the estate. This individual is responsible for identifying assets, addressing valid debts and ultimately distributing property according to Florida law.Port St. Lucie families are often surprised to learn that multiple heirs can inherit ownership interests in the same property. When siblings, children or other relatives inherit a home together, disagreements sometimes arise regarding whether the property should be sold, rented or retained. And, depending on the circumstances, special constitutional and statutory rules may affect how a homestead property passes to a surviving spouse or children. These rules can significantly influence the outcome of a probate case.Given all that is at stake in an intestate home ownership scenario, taking a DIY approach to questions and concerns is generally unwise. Seeking legal guidance to help resolve issues involving inherited real estate is, generally, therefore advisable. ]]>