When a ward dies, an active guardianship does not simply end the legal story. It hands the family a probate estate often shaped by years of conflict over money, capacity, and control. Our South Florida firm concentrates on these contested guardianship-to-probate transitions, where the people who fought over a parent’s care now face one another again over the estate. We guide families through Florida probate under Chapters 731 through 735 of the Florida Statutes with an eye toward the disputes that guardianship litigation tends to leave behind.
Why Guardianship-to-Probate Cases Are Different
A guardian of the property must file a final accounting and petition for discharge after the ward’s death, but discharge does not happen until the estate’s personal representative is appointed and can review what the guardian did. Suspected misuse of guardianship funds, disputed gifts made during incapacity, and assets retitled while the ward could not consent all carry into probate. We read the guardianship file alongside the estate inventory so that nothing is quietly closed out before it is examined.
Florida Probate Administration We Handle
Most Florida estates proceed through either formal administration or summary administration. Formal administration under Chapter 733 appoints a personal representative who marshals assets, notifies creditors, and distributes the estate under court supervision. Summary administration under Chapter 735 is available when the probate estate is under $75,000 or the decedent has been deceased more than two years. Estates arising from guardianships frequently need formal administration because contested accountings and creditor questions demand a personal representative with full authority.
Homestead, Elective Share, and Spousal Rights
Florida’s homestead protections under Article X, Section 4 of the state constitution restrict how a primary residence can pass and shield it from most creditors. A surviving spouse may also claim the elective share under Section 732.2065, equal to 30 percent of the elective estate, which can include assets a guardian moved or retitled during incapacity. These protections often become flashpoints when a guardianship preceded death, and we evaluate them early.
Wills, Trusts, and Lifetime Transfers Under Scrutiny
A Florida will must meet the execution requirements of Section 732.502, signed by the testator and two witnesses who sign in one another’s presence. When a will or trust amendment was signed near the onset of incapacity, undue influence and capacity challenges follow naturally from the guardianship record. We also examine revocable trusts under Chapter 736, durable powers of attorney under Chapter 709, and Lady Bird (enhanced life estate) deeds used to move homestead outside probate.
Working With Our South Florida Firm
We serve clients across Miami-Dade, Broward, and Palm Beach counties, appearing in the probate divisions that also hear guardianship matters. Whether you are a personal representative, an heir who suspects a guardian acted improperly, or a beneficiary defending a valid estate plan, we bring guardianship and probate experience to the same table.
Consult a Florida Attorney
This page is general information about Florida law, not legal advice. Probate and guardianship outcomes depend on specific facts and deadlines. Please consult a licensed Florida attorney before acting.
For more on our Florida practice, see our overview of probate in Palm Beach. Morgan Legal Group's affiliated New York office also handles how a will is contested in New York.