Erin Kirkwood Law, PLLC Erin Kirkwood Law, PLLC 2026-06-05T11:52:40Z https://www.erinkirkwoodlaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1104652/2022/04/fav.png On Behalf of Erin Kirkwood Law, PLLC <![CDATA[Things you should know about probate in Florida]]> https://www.erinkirkwoodlaw.com/?p=47654 2026-06-05T11:52:40Z 2026-06-05T11:52:40Z probate process. In Florida, probate may be needed when assets are owned in the decedent’s name, but don’t have a beneficiary designation, joint ownership or other owner transfer methods in place. However, not all assets have to go through probate.

What assets bypass probate?

Checking, savings, investment and retirement accounts that are held in financial institutions may bypass the probate process if they have a payable on death designation. This designation names the person who will receive the contents of the account when the account holder dies. Jointly owned property with survivorship rights and assets that are held in trusts will also bypass the probate process.

What are the types of probate administration?

Florida uses summary administration for smaller estates or when a decedent has been dead for more than two years. This is often a faster process than the more formal administration process. Even though this is often simpler, the court still has to approve the estate. In very limited cases, very small estates can bypass this process. Florida also has a formal administration process for larger or more complicated estates. This process requires the appointment of a personal representative, notice to creditors, gathering of assets, paying of approved claim and distribution of remaining property. Dealing with probate in Florida can be complex and time consuming. This might be difficult for the loved ones of a decedent to deal with while they’re still trying to cope with their loss. Working with someone familiar with the estate and probate process may be beneficial as a result.]]> On Behalf of Erin Kirkwood Law, PLLC <![CDATA[Does a POD account go through probate?]]> https://www.erinkirkwoodlaw.com/?p=47652 2026-05-22T16:00:19Z 2026-05-22T16:00:19Z No, a payable-on-death (POD) account typically skips over the probate process. This is because a POD account already has a named beneficiary who is meant to take over as the account holder when the original owner passes away. Because the beneficiary designation has been made in advance, the account almost immediately leaves the deceased person’s estate. The beneficiary gains access and becomes the account holder, and they do not have to wait for probate to be completed. In fact, this quick and easy access is one of the main benefits of using a POD account in the first place. It means that the beneficiary can use the funds when needed. For instance, some people create a POD account specifically so that a selected beneficiary can use the money to cover funeral costs, burial costs and similar expenses.

Is probate still necessary?

Yes, just because someone uses a POD account does not mean that they can skip probate entirely. They may still have many other assets that do need to go through probate and get passed on using a will, a trust or other aspects of their estate plan. But every situation is unique. For some people, the POD account may be just a minor side issue as they try to quickly give their family access to money that they need. For others, it may be a way to transfer the bulk of their wealth, which they have deliberately held in that POD account for that reason. During the probate process, it is very important for those involved to understand exactly what legal steps to take when addressing these complex assets.  ]]> On Behalf of Erin Kirkwood Law, PLLC <![CDATA[Don’t forget digital assets when estate planning]]> https://www.erinkirkwoodlaw.com/?p=47600 2026-05-07T13:53:44Z 2026-05-07T13:53:44Z The emergence of digital assets introduced a new type of property in estate planning. And the advancement of technology continues to create new ones that are part of people’s estates here in Stuart, Martin County. Not including digital property in your estate plan can lead to a lost or inaccessible asset. But what is considered a digital asset?

Definition under Florida law

The Florida Fiduciary Access to Digital Assets Act defines a digital asset as an electronic record in which an individual has a right or interest. Electronic is defined as relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities. This means anything stored electronically with financial or sentimental value is a digital asset. Examples include: 
  • Financial accounts - Online bank accounts, online payment accounts (PayPal, Venmo, Stripe, etc.), cryptocurrency wallets (Bitcoin, Ethereum, etc.), non-fungible tokens (NFTs) and investment accounts
  • Online business accounts - Domain names, websites, blogs, e-commerce storefronts and intellectual property
  • Social media and communication accounts - Facebook, Instagram, X, LinkedIn, YouTube and email accounts
  • Cloud storage - iCloud, Google Photos, Google Drive, external hard drives, etc., storing digital documents
  • Subscription services - Streaming services, such as Netflix and Hulu, music platforms like Spotify and premium memberships with monetary value or auto-renewal
  • Rewards and loyalty programs - Any loyalty program with financial value or benefits,  such as airline miles, hotel points and credit card rewards
  • Gaming accounts - Those that hold monetary, sentimental or intellectual property value
Have a list of all your digital assets and confirm that they are all included in your will. Keep the usernames and passwords of the accounts in a location your executor knows so they can gain access without difficulties.  Digital assets are becoming an inseparable part of estate planning for Martin County residents. Get more information to ensure you include every type of property you own in your estate plan.   ]]> On Behalf of Erin Kirkwood Law, PLLC <![CDATA[Unique estate planning considerations for coastal communities]]> https://www.erinkirkwoodlaw.com/?p=47598 2026-05-22T08:51:42Z 2026-04-27T02:17:49Z Florida homestead laws and coastal property estate planning Real estate is often a primary asset for coastal residents, and waterfront property can be highly valuable. If you own real estate and you’ve yet to create or recently update an estate plan, it is important to ensure that deeds, homestead status and titling align with your goals. Under the Florida homestead law inheritance rules, the state limits who you can leave your homestead to and overrides what you’ve written in a will. If you have a spouse but no minor children, you can only devise the home to your surviving spouse. If you do have minor children, you devise the property to anyone but your spouse and/or minor children. Having a will that attempts to devise your homestead that violates Florida law, the state will not recognize your instructions. Instead, the property will be subject to a default structure. Moreover, Florida law protects your home from debt collection. A creditor cannot force you to sell your house to pay them back. However, this only covers a certain amount of land, depending on where you live:
  • Inside city limits: Protection applies only to up to 1/2 an acre of land
  • Outside city limits: Protection applies to up to 160 acres of land
A common mistake is assuming you can easily avoid probate with standard estate planning tools. Many wonder, “Can you put a homestead in a trust in Florida?” While it is possible, improperly placing a homestead in certain trusts can inadvertently destroy your property tax exemptions or violate device restrictions. You may set up a Lady Bird deed. In Florida, the benefits include avoiding probate while retaining total control and protecting your homestead status without the complexity of a trust.

Planning for hurricanes, flood risk and insurance gaps in Florida

Environmental risks are another concern that may need to influence your estate plan. Coastal properties may be exposed to hurricanes, flooding and erosion. These risks can affect insurance coverage, property value and long-term planning. Reviewing insurance policies, including windstorm and flood coverage, and considering how potential damage could affect your estate may be wise. If your property is within the Federal Emergency Management Agency (FEMA) flood zones, this estate planning hurricane risk in Florida exposes you to rising premiums and major insurer exits. Without proper flood insurance and estate planning, your Florida heirs may inherit damaged property burdened by massive repair costs. To prevent a forced sale, your plan must include liquidity planning to cover immediate post-storm repairs and deductibles. It can have umbrella policies that offer a liability cushion and a documenting condition that helps you establish accurate estate valuations and smooth out future insurance claims. A coastal property risk estate planning strategy requires proactive asset shielding. Securing liquidity now ensures your heirs inherit a valuable sanctuary, not a compounding financial liability.

How to pass down a Florida beach or waterfront home without family conflict

For many residents, a coastal home may serve as a primary residence, a vacation property or an investment asset. If you intend to pass a particular property to multiple heirs, it is important to consider how your beneficiaries inherit the family beach house in Florida. Without clear shared property inheritance rules in Florida, disagreements over use, maintenance costs or future sale can emerge. Consider establishing a dedicated trust for a vacation home in Florida, which can allow you to keep the property out of probate while establishing strict governing rules. You may also choose to set up a limited liability company (LLC) ownership. This lets you divide property ownership into transferable units. Regardless of the structure, a comprehensive usage agreement is vital. It must explicitly outline cost-sharing provisions for taxes, insurance and maintenance to prevent financial resentment. Equally important are clear exit strategies. Incorporating structured buyout clauses ensures that if one heir wants out, they can sell their share at a fair valuation without forcing a sale of the entire estate.

Snowbirds and dual residency: Estate planning for Florida and out-of-state property owners

Coastal communities also attract retirees and seasonal residents, which can create multi-state planning issues. If you wonder what the difference is between Florida domicile vs residency estate planning, remember that you can have multiple residences but only one legal domicile. Establishing Florida as your primary domicile may shield your estate from states with heavy inheritance or estate taxes. Without careful coordination, owning real estate across state lines exposes your heirs to ancillary probate. To avoid ancillary probate in Florida, you may use revocable trusts or enhanced life estate deeds. Smart snowbird estate planning Florida strategies ensure you do not leave behind a multi-state tax and administrative nightmare.

Plan for your unique coastal concerns with help

At the end of the day, estate planning in a coastal area is a process that requires attention to both legal and practical concerns. Working with an experienced legal team can help make certain that your estate plans are tailored directly to your circumstances and goals.]]> On Behalf of Erin Kirkwood Law, PLLC <![CDATA[Understanding the probate process in Florida]]> https://www.erinkirkwoodlaw.com/?p=47591 2026-04-06T16:38:34Z 2026-04-06T16:38:33Z When a loved one passes away, managing their estate can feel overwhelming. In Stuart and the rest of Florida, the probate process provides a structured way to transfer assets and settle financial matters under court supervision. Although probate may seem complicated, understanding each step can make the experience more manageable. 

1. Filing the petition with the court

The probate process begins by filing a petition with the appropriate Martin County court. This document notifies the court of the death and requests the appointment of a personal representative. If there is a valid will, it is submitted at this stage. If not, the court will proceed based on state laws that determine how assets are distributed.

2. Appointment of a personal representative

Once the petition is reviewed, the court appoints a personal representative to manage the estate. This individual is responsible for handling financial matters, gathering assets and ensuring that all obligations are met.

3. Identifying and valuing estate assets

The next step involves locating and valuing all assets that belong to the estate. These may include bank accounts, real estate and personal property held solely in the decedent’s name. Assets with designated beneficiaries or joint ownership may not go through probate, which can simplify parts of the process.

4. Paying debts and expenses

Before any distribution can occur, outstanding debts and expenses must be settled. This includes taxes, medical bills and administrative costs related to the estate. The personal representative ensures that creditors are notified and that valid claims are addressed in accordance with the law.

5. Distributing the remaining assets

After all obligations are satisfied, the remaining assets are distributed to beneficiaries. If a will exists, the distribution follows its instructions. If not, state rules determine who receives the property. This final step brings closure to the probate process and ensures that the decedent’s estate is properly transferred. The probate process in Martin County and Florida as a whole involves several important steps that require careful attention and organization. Seeking reliable legal guidance can help you navigate each stage with clarity and confidence while protecting the interests of all parties involved.  ]]> On Behalf of Erin Kirkwood Law, PLLC <![CDATA[Notifying creditors of Florida probate proceedings]]> https://www.erinkirkwoodlaw.com/?p=47563 2026-03-20T13:51:06Z 2026-03-20T13:51:06Z With direct written communication Frequently, personal representatives provide notice during probate proceedings by identifying individual creditors. They review financial records and intercept incoming correspondence to identify creditors. They can then send written notice to those parties advising them of the upcoming probate proceedings. Notified creditors then have an opportunity to file a claim for repayment promptly.

With published notice

There could be unknown creditors who are difficult for personal representatives to identify. Florida state statutes typically require the publication of notice in a local newspaper to ensure that creditors can file claims before their opportunity to do so expires. The newspaper should have an area of circulation that includes the probate courts hearing the case. For those in the Stuart, Florida area, the Martin County probate courts hear the case, so a newspaper circulated in Martin County is appropriate. The notice must run at least once a week for two successive weeks to fulfill statutory requirements. Personal representatives must retain estate resources to repay creditors as necessary. They need to keep records of their communication efforts and payments. Effectively communicating with creditors is an important step for the protection of a personal representative during formal probate proceedings. Working with an attorney can help personal representatives fulfill their obligations and limit their legal exposure effectively.]]> On Behalf of Erin Kirkwood Law, PLLC <![CDATA[What happens when a deceased snowbird owned property in Florida?]]> https://www.erinkirkwoodlaw.com/?p=47561 2026-03-05T22:51:27Z 2026-03-05T22:51:27Z 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 probate proceedings in the jurisdiction where they lived. However, the matter becomes substantially more complicated when a deceased individual owned real property in another state as well.  Personal representatives and concerned family members may need to prepare for ancillary probate proceedings in Florida after snowbirds who own seasonal homes die. 

What is ancillary probate? 

Ancillary probate proceedings are supplemental or secondary probate court cases. The primary probate case for the decedent should pass through the courts in the county and state where they lived. A secondary probate case in Florida may be necessary to appropriately address their real property holdings.  Ancillary probate proceedings allow local creditors an opportunity to make claims for repayment during estate administration. They also help ensure that personal representatives follow the necessary procedures for the transfer of ownership or liquidation of Florida real estate holdings during estate administration.  Identifying the resources that belong to the deceased person and determining what probate requirements may apply are important components of successful estate administration. The families of out-of-state property owners may need assistance as they manage ancillary probate proceedings in addition to standard probate proceedings in another jurisdiction.]]> On Behalf of Erin Kirkwood Law, PLLC <![CDATA[What happens if a Florida resident dies without a will?]]> https://www.erinkirkwoodlaw.com/?p=47559 2026-02-18T18:19:39Z 2026-02-18T18:19:39Z 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 law determines how the assets will be divided based on who survives a person who dies “intestate” (without a will). Further, the law doesn’t address how specific assets are divided. Just telling someone you want them to have your home, boat or other asset after you die carries no legal weight. If a Florida resident dies intestate, their estate is distributed according to the state’s “intestate succession” laws. Let’s take a brief look at how that works.

If there’s a surviving spouse, do they inherit everything?

If someone leaves behind a spouse and no children or a spouse and the couple’s children, that surviving spouse gets the entire estate. However, if one or both of the spouses had children with someone else, the estate is divided equally between the spouse and any children of the deceased. If there are surviving children but no spouse, the entire estate is divided among the children. Note that if there are divorce proceedings in place when a person dies, they’re typically considered legally married if the divorce isn’t final

What if there is no surviving spouse or children?

If a person dies intestate with no surviving spouse or children, their estate passes to any surviving parent(s). If there are none, it is split among any siblings. If there are no surviving siblings, the remaining order of succession is:
  • Nieces/nephews
  • Grandparents
  • Aunts/uncles
  • Cousins 
If there is no surviving family, Florida law stipulates that the entire estate goes to “the kindred of the last deceased spouse of the decedent as if the deceased spouse had survived the decedent and then died intestate entitled to the estate.” That means your assets could go to people you’ve never met and who may not be capable of handling them responsibly.

Other ways to designate beneficiaries

There are other ways outside of a will to leave specific assets to people by adding them on the title of properties like homes or as joint owners of bank accounts. They can be named as beneficiaries on retirement and investment accounts. You can use payable-on-death (POD) or transfer-on-death (TOD) designations as well. Even if you use these methods to transfer assets after you’re gone, it’s still wise to put a will in place, with guidance from an estate planning professional, to take control of your legacy.]]> On Behalf of Erin Kirkwood Law, PLLC <![CDATA[What should you know about probate in Florida?]]> https://www.erinkirkwoodlaw.com/?p=47553 2026-02-09T13:49:43Z 2026-02-09T13:49:43Z 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 probate. Those include assets that are held in trusts and those that are jointly owned with survivorship rights.  The probate process isn’t set to one singular timeline. The time it takes depends on the size and complexity of the estate. Some simple estates may take months, but other estates may take a year or longer. In some cases, other factors like disputes among heirs or trouble finding assets can also draw the process out longer. 

What happens to debts?

The decedent’s debts are paid by the estate if the debts are validated and the estate has money or assets to cover the balances. If there isn’t any money or assets in the estate, it is insolvent, and the debts will go unpaid. At that point, beneficiaries won’t be paid either. 

What if there’s no estate plan?

If there isn’t an estate plan, the decedent’s assets are distributed according to the state’s intestate laws, which don’t account for the decedent’s wishes. This is why it’s important for adults to outline their wishes in a will or to use trusts to handle the distribution of assets.  Moving an estate through probate can be complex, particularly for high-value estates. It’s critical that anyone who’s handling this understands the requirements so they don’t make any missteps. It may be beneficial for them to work with someone familiar with these matters so they can have assistance through the process. ]]> On Behalf of Erin Kirkwood Law, PLLC <![CDATA[How to make work easier for your executor]]> https://www.erinkirkwoodlaw.com/?p=47551 2026-01-28T04:10:41Z 2026-01-28T04:10:41Z Your executor will probably have a lot of work when they assume their duties, especially if your estate is large and complex. Nonetheless, you can take certain steps to make their work easier. You can save them hours of work and stress. But, how can you do this? Here are some tips:

1. Help them understand the role

You can make work more manageable for your chosen executor by helping them understand their role. Let them know their expected duties from the moment you ask them to serve. And continue doing so even after they accept the role. For instance, it helps to connect them with the professionals you work with to ensure they are adequately informed about their role and the probate process.

2. Be organized

Many executors spend hundreds of hours searching for assets, debts and documents. You can prevent a high workload by creating an inventory of all assets and debts. List your bank accounts, investments, real estate, cryptocurrency, insurance policies, personal property, valuables, mortgages, car loans, student loans, personal loans, business interests and so on. Moreover, write down the usernames and passwords for your accounts and digital assets, as well as the contact information for your attorney, financial advisor, accountant, insurance agent and other professionals on your team. Ensure you keep your list updated. Add newly acquired properties and remove those you no longer own.

3. Inform them of the location of your documents

Your executor should not have a difficult time locating your original will and other crucial documents, such as trust documents, birth certificate, social security card, marriage certificate, divorce decrees and driver’s license/passport to verify residency. They should stay informed about the locations of your documents and have access to them. When you reduce the potential burden of serving as an executor for your chosen party, you can help them serve efficiently. Learn more about other ways to protect your wishes.]]>