Keys, Paperwork, and Waiting After a Death
How Trust Administration and Probate Shape What Happens After a Death in Florida
After someone dies, access to property and accounts often stops. In Florida, whether a family waits months or moves forward sooner depends on how the estate was planned.
When families expect to act but legally cannot
After the services are over, families expect to handle practical tasks such as securing the house, paying ongoing bills, and managing accounts. Instead, many families encounter an unexpected problem. The keys are there and the paperwork exists, but no one has legal authority to act.
This is often the first surprise.
To see how this plays out in real life, consider Ellen’s situation. Ellen lived in Florida and owned a home, checking and savings accounts, and a small business. Like many people, she assumed her will would be enough to allow her children to step in and manage her affairs.
When Ellen passed away, her children learned otherwise. Because Ellen did not have a trust, her estate was required to go through probate.
Probate is a court-supervised process. Before anyone can access assets, a probate case must be opened and a judge must appoint a personal representative. Until that appointment occurs, bank accounts may be frozen and property cannot be sold or transferred.
Florida law also requires formal notice to creditors and mandatory waiting periods. Even when there are no disputes, families must wait for deadlines to pass before distributions can be made. Probate moves at the court’s pace, not the family’s, which often leads to delays during an already difficult time.
Another surprise for many families is that probate is public. Estate details, asset values, and beneficiary information become part of the court record and may be accessed by the public.
If planning had been done differently
Now consider a different outcome.
If Ellen had created and properly funded a trust, probate could have been avoided.
With a trust in place, the person named as trustee has immediate authority to act after death. Court approval is not required to begin managing assets. The trustee follows the instructions Ellen established while she was alive.
This process is known as trust administration.
During trust administration, the trustee gathers trust assets, pays valid debts and expenses, keeps beneficiaries informed, and distributes property according to the trust terms. The process remains private and generally moves more efficiently because it does not depend on court schedules or approvals at each step.
Many Florida families assume probate only applies to large estates. That is not accurate. Even modest estates can face probate delays if assets are titled incorrectly or if no trust is in place.
This often affects families with a primary residence, small business owners, blended families, and parents of adult children.
The issue is not wealth. It is planning.
With probate, families must wait for permission to act. With a trust, the plan is already in motion. That difference shapes how stressful the months after a loss will be.
Common Questions We Hear
How long does probate take in Florida?
Summary administration may take several months. Formal administration can last a year or longer, depending on the estate.
Do all trusts avoid probate?
Only assets properly titled in the trust avoid probate. A trust must be funded to work as intended.
Is trust administration easier than probate?
In many cases, yes. Trust administration usually involves fewer delays, less paperwork, and no ongoing court supervision. The trustee can act right away, follow the instructions already written in the trust, and keep the process private. While there is still work involved, families often find it more straightforward and less stressful than probate.
Can families get help during the process?
Yes. Legal guidance helps ensure deadlines are met and mistakes are avoided.
You Do Not Have to Figure This Out Alone
Handling trust administration or probate while grieving can feel overwhelming. You do not have to manage it on your own.
Our firm now offers trust administration services and probate support for both summary and formal administration in Florida. A single conversation can help you understand how the process applies to your situation and what steps come next.
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