Lost a Parent This Year? 5 Probate Mistakes to Avoid Before the New Year
The holidays can be especially hard after losing a parent. Between family gatherings, memories, and the pressure to “handle everything,” many adult children find themselves overwhelmed—and unsure where to begin with probate.
If your parent passed away this year and you’re responsible for settling their estate, it’s normal to feel behind. The good news is this: you don’t need to have everything figured out before January—but there are a few mistakes worth avoiding now that can save you time, stress, and potential legal issues later.
Here are five of the most common probate mistakes we see at the end of the year—and how to avoid them.
1. Doing Nothing Because You’re Afraid of Doing It Wrong
Grief often causes paralysis. Many people delay probate because they’re worried about making a mistake or upsetting family members. While waiting is understandable, doing nothing at all can create complications, especially if deadlines are missed or assets go unmanaged.
Probate in Florida follows a specific legal process, and even simple estates can run into issues if nothing is done early on.
You can learn more about how the process works on our website: https://www.palmcitylawyer.com/practice_areas/probate-and-trust-administration.cfm
What to do instead:
Start with a conversation. Understanding what actually needs to happen (and what can wait) brings immediate relief.
2. Paying Bills or Distributing Assets Too Soon
One of the biggest mistakes we see is an adult child using personal funds—or a parent’s account—to pay bills or distribute property before probate is properly handled.
In Florida, certain actions taken too early can create personal liability, even when intentions are good—especially for the personal representative of the estate.
Before taking action, it’s important to understand your legal responsibilities, which we explain in more detail on our probate administration guidance page.
What to do instead:
Before paying debts, selling property, or dividing assets, confirm what’s legally permitted and when. A short legal review can prevent costly missteps.
3. Assuming Probate Isn’t Required
Many families assume that if there was a will—or if the estate is “simple”—probate won’t be necessary. Unfortunately, that’s often not the case.
In Florida, even modest estates may require probate, particularly when real estate, financial accounts, or unresolved debts are involved. Whether probate is required depends on how assets were titled—not just on whether a will exists.
What to do instead:
Have the estate reviewed by a probate attorney to confirm whether probate is required and which type applies. This clarity alone can eliminate weeks of confusion.
📞 Schedule a probate initial meeting:
🔗 Contact Us | Florida Estate Planning Lawyer | Beacon Legacy Law
4. Relying on Family Advice or Online Checklists
Well-meaning relatives often offer advice based on their own experiences—or something they read online. The problem? Probate laws vary by state, and Florida has its own strict rules, deadlines, and court requirements.
Generic advice can lead to delays, disputes, or errors that are difficult—and sometimes expensive—to fix later.
What to do instead:
Work with a Florida probate attorney who understands the local courts
and can guide you through the process correctly from the start. You can learn more about our approach to probate cases here.
🔗 Learn more: Contact Us | Florida Estate Planning Lawyer | Beacon Legacy Law
5. Waiting Until January to Ask for Help
Many people assume probate can wait until after the holidays. While some steps can wait, getting guidance before the new year can make the entire process smoother—and significantly reduce stress in January.
Early planning helps you:
- Avoid rushed decisions
- Understand upcoming deadlines
- Prevent family conflict before it starts
What to do instead:
Use this time to gather information and create a plan—even if formal probate doesn’t begin until the new year.
You Don’t Have to Navigate Probate Alone
If you lost a parent this year and are facing probate in Florida, it’s okay to feel unsure about what comes next. Probate doesn’t have to be overwhelming—but it does require careful handling.
At Beacon Legacy LawTM, we help families navigate the Florida probate process with clarity, compassion, and practical guidance. If you’re heading into the new year with unanswered questions, a short conversation now can provide peace of mind—and help you avoid costly mistakes later.
👉 Learn more about our probate services or schedule an initial Probate meeting at
Contact Us | Florida Estate Planning Lawyer | Beacon Legacy Law
