What Not to Do During Probate?

What should you avoid doing during Florida probate?

Avoid treating estate property as yours to control or distribute without confirming your authority and the estate’s obligations. If you are the personal representative, you must administer and distribute the estate under the will and Florida law, acting in the best interests of interested persons, including creditors, under Florida Statutes § 733.602.

Start with authority, not the sale price. The Florida Bar’s Consumer Pamphlet: Probate in Florida explains that the court’s Letters of Administration are evidence of the appointed personal representative’s authority to administer the probate estate. If you expect to inherit a home, ask the probate attorney who has authority to act before you commit to a sale.

These are general Florida probate rules, not a determination of what you can do in a particular estate.

Don’t distribute property without accounting for obligations

In Florida formal probate, legitimate debts, taxes, and administration expenses generally must be addressed before distributions to beneficiaries, according to The Florida Bar.

That does not mean every partial distribution is prohibited. Florida Statutes § 733.612(26) permits partial distribution only of property not needed to satisfy:

• Claims.
• Administration expenses.
• Taxes.
• Family allowance.
• Exempt property.
• An elective share.

Those last three categories concern protected family rights. Ask the probate attorney which apply before you distribute property or home-sale proceeds. The practical question is not simply whether the estate has money available; it is whether that money is needed for these obligations.

Mike Renick represented us, in both a sell and buy transection. One of the transactions was complicated as the sell portion of the transaction involved a foreign buyer. Mike arranged that both transactions would close the same day. Which they did without a hitch.

– Lee Diznoff, Google Review

Don’t overlook creditor notices or use the wrong deadline

Under Florida Statutes § 733.701, the personal representative must cause notice to creditors to be published and served. Publication alone is not the whole requirement.

For a covered pre-death claim, Florida Statutes § 733.702 generally sets the filing deadline as the later of three months after first publication or, for a creditor required to receive notice, 30 days after service.

Before paying, rejecting, or settling a bill, ask the probate attorney whether it is a valid estate obligation and which deadline applies. Don’t calculate every creditor’s deadline from publication without checking whether service changes it.

Don’t let the inventory deadline slip

In Florida formal probate, Florida Statutes § 733.604 requires an inventory describing estate property in reasonable detail and stating its estimated fair market value as of the person’s death. Florida Probate Rule 5.340 generally requires filing within 60 days after issuance of Letters of Administration.

Ask the probate attorney what information and formal attestation the filing requires. For a home, the inventory calls for an estimated value at death – not simply the price you hope to obtain now.

Don’t mix funds or assume a conflicted sale is acceptable

The Florida Courts’ Personal Representatives Handbook instructs personal representatives not to mix their own money with estate assets and to act prudently. Keep estate funds separate from your personal funds.

Under Florida Statutes § 733.609, a personal representative may be liable to interested persons for damage or loss resulting from a breach of fiduciary duty.

Florida Statutes § 733.610 also makes a conflicted sale, encumbrance, or other transaction generally voidable – meaning it may be undone – unless an exception applies. Exceptions include authorization in the will or court approval after notice to interested persons; those are not the only exceptions. Before proceeding with a transaction involving a conflict, ask the probate attorney whether an exception applies and what authorization is required.

Mike Renick and Eric Teoh represented my husband and myself for both the sale of an existing property and the purchase of a new property. Their knowledge of Longboat Key and property values was exceptional.. The process of closing on both the sale and purchase was flawless. I have not hesitated to recommended them to others.

– Barbara Diznoff, Google Review

Don’t treat every home as an ordinary probate asset

The Florida Bar explains that certain jointly owned and beneficiary-designated assets may pass outside probate. It also identifies sole-name real estate as potentially part of the probate estate unless it is homestead property.

Florida homestead requires a separate legal review. Florida Statutes § 732.401 provides special inheritance rules and a surviving spouse’s election in specified circumstances. The result depends on ownership and family circumstances.

Before you plan a sale or promise anyone the proceeds, ask the probate attorney whether the home is a probate asset, whether homestead rules apply, and whose rights must be considered.

Before signing a home-sale contract, ask a Florida probate attorney to review who has authority to sell and whether the home’s ownership or homestead status affects the proposed sale.

About the Author

I’m Michael Renick — a Florida West Coast broker with over 15 years guiding families through some of the biggest decisions of their lives. I’ve built my practice on hard work, honesty, and total transparency. No shortcuts, no spin — just straight answers, deep market knowledge, and the dedication my clients deserve from start to close.

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Equal Housing Opportunity. This article is general information only, not legal, tax, insurance, or financial advice. Market conditions, insurance requirements, and costs vary by property and transaction; confirm your specific situation with the appropriate licensed professional. Michael Renick, Licensed Florida Real Estate Broker, License #BK3241900, licensed by the Florida Department of Business and Professional Regulation (DBPR). Mangrove Realty Associates Inc — each office is independently owned and operated.

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