When a loved one passes, the estate often must go through probate, the court-supervised process of settling debts and transferring assets. In a blended family, probate is where unresolved questions surface: between a surviving spouse and the children of a prior marriage, over the home, and over who has the right to inherit. Understanding Florida’s process helps you plan to avoid conflict, or navigate it if it arises.
Florida’s Two Main Probate Tracks
Florida probate is governed by Chapters 731 through 735 of the Florida Statutes. Most estates proceed through one of two paths. Formal administration is the standard process for larger or more complex estates, where the court appoints a personal representative to manage the estate. Summary administration is a faster, simpler option available when the estate’s non-exempt assets are valued at $75,000 or less, or when the decedent has been deceased for more than two years.
Why the Track Matters in a Blended Family
Formal administration appoints a personal representative who owes duties to all beneficiaries, both the surviving spouse and the children. That oversight can be reassuring when the two sides do not trust one another. Summary administration is quicker but offers less ongoing supervision, which may or may not suit a contentious family. We help families choose, and prepare, the right path.
Spousal Claims During Probate
Probate is where a surviving spouse asserts the rights Florida grants them. These include the elective share of 30 percent under section 732.2065, the family allowance, exempt property, and homestead rights. A spouse must timely elect the elective share, and homestead status must be determined by the court. Children from a prior marriage often watch these claims closely, since each one reshapes what remains for them.
Homestead and the Family Residence
The homestead frequently sits at the center of blended-family probate. Because the Florida Constitution restricts how a homestead passes and grants a surviving spouse a life estate or a one-half interest election, determining who owns the home can be the most contested issue in the case. Establishing homestead status early helps prevent a drawn-out fight.
Assets That Skip Probate
Not everything passes through probate. Assets in a properly funded revocable trust, jointly held property with survivorship, payable-on-death accounts, life insurance, and property transferred by a Lady Bird deed generally pass outside probate. Thoughtful planning shifts assets into these channels, reducing both delay and the chance of a courtroom dispute between spouse and children.
How We Help
We represent personal representatives and beneficiaries in West Palm Beach and across Palm Beach County. Whether you need to open an estate, defend or assert spousal and homestead rights, or simply move a straightforward estate through summary administration, we guide blended families through the process with an eye toward reducing conflict.
Consult a Florida attorney: Probate deadlines and procedures are strict and fact-dependent. This page is general information only. Please consult a licensed Florida attorney about your specific estate.
For more on our Florida practice, see our overview of powers of attorney in Florida. Morgan Legal Group's affiliated New York office also handles how a will is contested in New York.