Erin Kirkwood Law, PLLC Erin Kirkwood Law, PLLC 2026-07-20T14:31:30Z https://www.erinkirkwoodlaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1104652/2022/04/fav.png On Behalf of Erin Kirkwood Law, PLLC <![CDATA[Could your estate plan’s structure delay an inheritance?]]> https://www.erinkirkwoodlaw.com/?p=47673 2026-07-18T20:08:22Z 2026-07-18T20:08:22Z 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=47671 2026-06-30T08:34:15Z 2026-06-30T08:34:15Z In 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.

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=47669 2026-06-29T22:53:58Z 2026-06-29T22:53:58Z Probate 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=47667 2026-06-17T18:04:37Z 2026-06-17T18:04:37Z When 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. ]]> 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 2026-06-17T07:06:13Z 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 2026-06-17T07:04:41Z 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.]]>