Affidavit of Heirship in Florida: What It Is and Isn’t
October 26, 2026
Short answer: A Florida affidavit of heirship is a sworn statement of family facts, such as who the decedent married and who their children are. It is not
Articles and practical guidance on Florida probate, trust administration, personal representatives, trustees, beneficiaries, and related estate administration matters.
Short answer: A Florida affidavit of heirship is a sworn statement of family facts, such as who the decedent married and who their children are. It is not
Short answer: Being named personal representative in a Florida will does not give you full authority yet. In the first month, a new PR usually makes sure the
Short answer: Often, yes, if the person is a qualifying relative. Florida Statutes § 733.304 lets certain nonresidents serve as personal representative, including adopted or blood relatives in
Words such as “sole,” “absolute,” or “uncontrolled” discretion can give a trustee broad authority, but not personal whim. Florida trustees still exercise discretion within the trust’s terms, purposes, beneficiary interests, and fiduciary duties.
A successor trustee steps into a fiduciary role at a difficult moment. Before distributing assets, the trustee needs to understand the trust, identify and secure property, communicate with beneficiaries, keep records, address liabilities and taxes, and determine what the document actually requires.
Florida created a new nonjudicial procedure in 2026 that can allow a qualifying trustee to settle accounts and obtain a discharge after required disclosures if no timely objection is received.
Florida expanded its curator statute in 2026, giving probate courts broader flexibility to protect estate property when delay creates risk and a permanent personal representative is not yet in place.
Florida increased the principal summary-administration threshold from $75,000 to $150,000 in 2026. The change means more estates may qualify for a streamlined probate procedure, but qualification does not necessarily make summary administration the best fit.
A Florida probate inventory is more than a list of assets. It identifies property under administration, establishes date-of-death values, raises homestead and valuation issues, and provides beneficiaries with important information during the estate.