Proudly practicing with honesty and integrity for 30 years on Florida’s Treasure Coast.

Probate Attorney Providing Compassionate Guidance In Stuart

When a loved one dies, one of the first questions is often, “What happens next?” You may be told that you need to probate the estate, which can sound confusing and overwhelming, especially while you are grieving. Probate is the court-supervised process of paying debts and distributing assets, and it’s often necessary even with a will.

For families in Florida looking to settle a loved one’s estate in Martin County, attorney Erin Kirkwood offers compassionate guidance and clear legal advice. Having spent almost two decades serving as a prosecutor in the local state attorney’s office, she has an invaluable understanding of the local court system. She can guide your family through the process and file all the necessary paperwork, potentially without you ever needing to go to court.

Types Of Probate Administration In Florida

Florida probate is not a one-size-fits-all process. The path it takes depends on the value of the estate and the time that has passed since death.

Summary administration: This is a quicker, easier process for estates with assets worth $75,000 or less, or if the person passed away over two years ago.
Formal administration: This is the more traditional and complex probate process. Formal administration probate is required for larger estates and involves appointing a personal representative, notifying creditors and undergoing more detailed court supervision.

As your attorney, Erin will review the estate’s details and explain which process applies. She also provides counsel to local and out-of-state executors to find the most efficient path forward.

Navigating The Martin County Courthouse And 19th Judicial Circuit

Martin County probate cases are filed with the Martin County Clerk of Court at 100 SE Ocean Boulevard in Stuart and overseen by the 19th Judicial Circuit. Many hearings now take place virtually, which is a genuine convenience for out-of-state heirs and busy families, but virtual access does not change what the court requires on paper.

Filing errors are one of the most common reasons estates stall. A form submitted incorrectly, a creditor notice sent to the wrong party or a petition that doesn’t meet the clerk’s specific requirements can each add months to the process. Knowing the 19th Circuit’s standards before you file is what prevents those setbacks.

Erin spent nearly two decades as a prosecutor in this circuit. She knows what the Martin County clerk’s office requires at each stage of probate and how local judges handle estate matters. That knowledge is key to reducing the risk of errors that can slow down the process.

Handling Stuart Real Estate, Homesteads And Dock Rights

Martin County is known for its waterfront communities and boating culture. Consequently, the probate process here often involves property types – luxury homes, waterfront properties and boat slips – that carry specific legal requirements.

Florida Homestead Creditor Protection

Florida’s homestead law offers one of the strongest creditor protections in the country. If the deceased owned their primary residence in Stuart and they legally transferred it to their surviving spouse or heirs, the law shields that property from most general creditor claims during probate.

However, this same protection can also introduce complications. If a decedent is survived by a minor child or a spouse who has not legally waived their rights, Florida law treats any attempt to leave the home to someone else as legally void. This can trigger disputes and significantly delay the estate. Erin reviews the homestead status of each property early in the process to identify these issues before they create larger problems.

Waterfront Property And Boat Slips

Waterfront assets are common in Martin County estates, and they can be more complex than they appear. A boat slip or dock may be:

Deeded separately from the main property
Held under a marina lease
Subject to riparian rights and tidal easements that can affect how heirs own, use or transfer the property
Facing ownership restrictions from the homeowners association (HOA) or marina agreements

As your attorney, Erin works with local title companies, surveyors and marina administrators to help you identify what each waterfront asset involves.

The Probate Process In Florida: Step By Step

The probate process in Florida takes six months to over a year, depending on the complexity of the estate and whether any disputes arise. It begins after a person passes away and their will is submitted to the local probate court. The general timeline is as follows:

Months one to two: Filing the will and petitioning to open probate
Months two to three: Appointment of the personal representative
Months three to six: Notifying creditors and identifying assets
Months six to nine: Paying debts, taxes and other obligations
Months nine to 12-plus: Distributing the remaining estate to beneficiaries

Delays can happen if the estate is large or poorly documented, or if there is a will contest. Erin can help streamline the process and avoid common setbacks.

Trusted Local Counsel For Nonresident Executors And Out-of-State Heirs

If your loved one owned property in Florida but lived in another state, that property usually cannot transfer to heirs through the out-of-state probate process alone. Florida often requires a separate local proceeding called ancillary probate to clear the title and distribute any real estate or other tangible high-value assets owned in the state.

As your boots on the ground in Martin County, Erin will manage the Florida ancillary probate process on your behalf, including:

Filing documents with the Martin County Clerk of Court
Attending any required court appearances
Working with local real estate agents, appraisers and title companies
Communicating with marina administrators or HOAs for waterfront and dock assets
Keeping you informed at each stage of the process

Erin regularly serves as Martin County local counsel for executors and heirs living outside of Florida. Stuart has long been a popular destination for seasonal and retired residents from New York, New Jersey and Connecticut, and she understands the challenges their families face when settling an estate here. As your probate lawyer, she is here to make distance the least of your concerns during an already difficult time.

Are There Tax Issues To Worry About During Probate In Florida?

Most Florida estates will not face state-level estate or inheritance taxes, which is good news for families. However, there are still a few types of taxes that may apply during probate:

Federal estate tax: Only applies to estates worth approximately $7 million as of 2026.
Income tax for the deceased: A final individual tax return must be filed.
Income tax for the estate: A separate return may be needed if the estate earns income during probate from investments and rentals.

Since tax rules can be confusing, especially for large or complex estates, it is wise to consult with a probate attorney and an accountant.

Choose Erin Kirkwood Law, PLLC, For Probate In Florida

During this difficult time, you need a probate attorney who is not only experienced but also understands the local Martin County court system. Erin offers the compassionate, “at-home” service of a small firm, backed by three decades of experience right here in the Stuart community. Clients trust her for her straightforward advice and responsive communication. As your lawyer, she will make you feel informed and supported at every step.

This local knowledge is especially valuable for out-of-state clients. Erin serves as your reliable advocate in Florida, managing the entire local process for you. From filing paperwork at the courthouse to handling the final distribution of assets, she will keep you up-to-date even from afar, so you can focus on your family.

Speak With A Skilled Probate Attorney About Your Legal Needs

Erin Kirkwood Law, PLLC, is based in Stuart and serves clients throughout the surrounding areas of Florida. To take advantage of a free 30-minute consultation with Erin, contact the firm online or call the firm at 772-732-8863.

Frequently Asked Questions About Florida Probate

Executors and beneficiaries often have questions about the timelines and requirements for settling an estate in Florida.

What is the probate process in Florida, and how long does it take?

Probate is a court-supervised process to identify assets, pay debts and distribute property. Timelines depend on the administration type. Formal administration usually takes six months to a year, allowing time for creditor claims. Summary administration is faster, often finishing in weeks. It applies if the decedent died over two years ago or if the estate value is under $75,000 (excluding protected homestead). Complex assets, taxes or disputes extend these time frames.

Do all estates in Florida have to go through probate, even if there is a will?

A will does not avoid probate; it simply instructs the judge on asset distribution. Assets titled solely in the decedent’s name must go through probate to transfer ownership. However, assets with designated beneficiaries – such as life insurance, retirement accounts or payable-on-death accounts – bypass this process. Assets in a properly funded revocable living trust also avoid court.

How can out-of-state heirs or executors manage probate for Florida property?

Managing an estate from out of state is common. You usually do not need to travel to Florida to serve as a personal representative, provided you are legally related to the decedent (e.g., spouse, parent, child or sibling). A local attorney manages daily tasks like filing petitions and creditor notices. This support is necessary for “ancillary probate,” which transfers Florida real estate owned by nonresidents. Erin Kirkwood Law, PLLC, uses technology to keep you involved without court appearances.

What are common reasons for probate disputes or will contests in Florida?

Most cases conclude without litigation, but disputes arise if beneficiaries challenge a will’s validity. Common grounds include “undue influence” (coercion) or “lack of testamentary capacity” (not being of sound mind). Technical errors, such as improper witnessing under Florida law, can also void a will. These complex disputes require an attorney with litigation experience.

For in-depth legal guidance, consider calling a lawyer to discuss the administration of your loved one’s estate.