Wills
Drafting and updating wills that reflect your circumstances and give clear direction for the distribution of your estate. A well-drafted will avoids ambiguity and reduces the potential for disputes among beneficiaries.
Estate Planning, Trust & Probate
Estate planning
that protects
what matters most.
From straightforward wills to complex trusts, probate and trust administration, guardianship proceedings, and asset protection strategies, our attorneys guide individuals and families through every stage of the process with clear, practical counsel.
What We Handle
Practical counsel for
every stage of an estate.
The Estate Planning, Trust & Probate Administration group at Sachs Sax Caplan Kaskel & Schner, PLLC works closely with accountants, financial advisors, and other professionals to give clients a complete picture. The group handles wills and multi-generational trusts, full probate and trust administration, guardianship, and asset protection.
Revocable and irrevocable trusts
Structuring trusts for orderly wealth transfer across generations, addressing family circumstances and long-range succession goals. A funded revocable trust avoids probate entirely and allows assets to pass quickly and privately to beneficiaries.
Family limited partnerships
Creating family partnership structures that support orderly succession and provide creditor protection alternatives to traditional methods of holding wealth across generations.
Probate administration
Guiding personal representatives and beneficiaries through Florida probate, from filing to final distribution. We handle both formal administration and summary administration, communicating clearly at every step about timelines, court filings, and creditor obligations.
Trust administration
Counseling successor trustees on their duties under Florida's Trust Code, including notice requirements, accountings, and distributions. Proper trust administration protects the trustee from personal liability and ensures beneficiaries receive what the grantor intended.
Guardianship
Representing families in Florida guardianship proceedings for minor children and incapacitated adults. We counsel prospective guardians on their duties, prepare required court filings, and help clients understand the difference between guardianship of the person and guardianship of the property.
Asset protection
Counseling clients on structuring their holdings to shield assets and preserve the estate for beneficiaries. Florida offers strong homestead protection, tenancy by the entirety for married couples, and other tools that, when properly used, can insulate assets from most creditor claims.
Powers of attorney and healthcare directives
Preparing durable powers of attorney, healthcare surrogate designations, and living wills that give trusted individuals authority to act if you become incapacitated. These documents are essential to a complete estate plan and should be reviewed after major life changes.
Business succession
Helping business owners plan for transitions in ownership and management, working alongside our Corporate group on entity structuring and continuity. A business succession plan addresses what happens to the company at death, disability, or a planned exit.
Florida Probate and Trust Law
Fiduciary responsibilities
handled with precision.
Florida probate is governed by Chapter 733 of the Florida Statutes. The personal representative owes a fiduciary duty to the estate and its beneficiaries, with obligations that include locating and valuing assets, publishing notice to creditors, filing an inventory with the court, paying valid claims, and rendering a final accounting before any distribution. Mismanagement exposes the personal representative to personal liability.
Successor trustees face parallel obligations under Florida's Trust Code (Chapter 736). Unlike probate, trust administration typically occurs outside the court system, but trustees must still notify beneficiaries, account for trust assets, and make distributions consistent with the trust's terms. Our attorneys counsel both personal representatives and successor trustees from appointment through final closing.
- Formal and summary probate administration under the Florida Probate Code
- Court filings, inventory preparation, creditor notice, and final accounting
- Successor trustee guidance on notice, accounting, and distribution obligations
- Real property transfers, re-titling of financial accounts, and deed preparation
- Coordination with accountants, financial institutions, and other advisors
- Ancillary administration for non-Florida residents who own Florida property
Who We Serve
Individuals, families,
and businesses.
Whether you are planning ahead for the first time, updating documents after a major life change, or administering a loved one's estate, our attorneys bring the same analytical depth to each matter. We also work with business clients on compensation structures and continuity planning that carry through the full life of a company.
For clients who own real property in Florida but reside elsewhere, we handle ancillary probate administration, ensuring that Florida assets are properly transferred without unnecessary delay. Our attorneys at both Boca Raton and Palm Beach Gardens are familiar with the Palm Beach County courts and the full range of estate-related proceedings handled there.
- Individuals and married couples planning for the future
- Multi-generational families with complex succession objectives
- Personal representatives and trustees administering an estate
- Business owners planning ownership transitions and succession
- Non-Florida residents who own real property or financial accounts in Florida
- Parents of minor children who need guardianship or trust provisions
Common Questions
Questions families
actually ask.
These are the questions our clients and their advisors raise most often.
Send us a questionDoes everyone need an estate plan, or only people with large estates?
Everyone with assets, dependents, or specific wishes about their healthcare and finances should have at least a basic estate plan. Without a will or trust in place, Florida law determines who receives your assets and who serves as guardian of your minor children. A plan does not have to be complex to be effective, and our attorneys work with individuals at any stage. This is general information about Florida law, not legal advice for a specific situation.
What is the difference between a revocable trust and a will?
A will takes effect at death and passes through Florida's probate process before assets are distributed. A revocable trust holds title to your assets during your lifetime and transfers them to beneficiaries outside of probate, which can save time, reduce costs, and keep the matter private. A trust can also continue after your death, providing ongoing management for minor children, individuals with special needs, or multi-generational succession goals. This is general information about Florida law, not legal advice for a specific situation.
How long does Florida probate administration take?
For a formal administration, Florida law requires a minimum of three months for creditor claims after publication of the notice to creditors. Depending on the size and complexity of the estate, the number of beneficiaries, and whether any disputes arise, a typical formal administration may take six months to well over a year. Summary administration, available for smaller estates or when the decedent has been deceased for more than two years, is typically completed more quickly. Our attorneys communicate timelines clearly and move matters forward as efficiently as the circumstances allow. This is general information about Florida law, not legal advice for a specific situation.
What does a personal representative (executor) do in Florida probate?
The personal representative (called an executor in some states) is the court-appointed fiduciary responsible for gathering estate assets, notifying creditors, paying valid claims, filing required inventories and accountings with the court, and distributing the remaining assets to beneficiaries according to the will or Florida law. The personal representative owes a fiduciary duty to the estate and its beneficiaries. Our attorneys represent personal representatives throughout the full administration, from petitioning for appointment through final distribution and closing. This is general information about Florida law, not legal advice for a specific situation.
When is a guardianship proceeding necessary in Florida?
A guardianship is a court proceeding that appoints an individual or institution to make personal or financial decisions for a person who lacks legal capacity, whether due to age, incapacity, or a developmental condition. For minor children whose parents are both deceased or incapacitated, a guardian of the person is often needed. For incapacitated adults, courts may appoint a guardian of the person, of the property, or both. We help families pursue or respond to guardianship petitions and assist with the ongoing reporting obligations that Florida imposes on guardians. This is general information about Florida law, not legal advice for a specific situation.
How do I protect my assets from creditors in Florida?
Florida offers several meaningful protections for residents and carefully structured estates. Florida's homestead protection is one of the broadest in the country, shielding a primary residence from most creditor claims, with limited exceptions. Other tools include tenancy by the entirety for married couples, Florida's head-of-household wage exemption, properly structured irrevocable trusts, and family limited partnerships or LLCs. The appropriate combination depends on the nature of the assets, the types of potential claims, and the client's overall objectives. Our attorneys counsel clients on structuring their holdings to preserve the estate within Florida's legal framework. This is general information about Florida law, not legal advice for a specific situation.
Can I sign my will online in Florida, or does it have to be on paper?
Florida recognizes electronic wills under Section 732.522. A valid electronic will requires the person making it and two witnesses to sign electronically while a Florida online notary supervises by live audio-video, with identity verification built in. To make the will self-proving so it can be admitted without tracking down witnesses later, the signed record and the video of the signing must be held by a state-authorized qualified custodian, who cannot be a beneficiary. If screening suggests the person making the will is a vulnerable adult, the witnesses must be physically present in the room. This is general information about Florida law, not legal advice for a specific situation.
Does my family have to go through full probate if the estate is small?
Not always. Florida offers a faster, lighter process called summary administration. As of July 1, 2026, an estate can qualify when its non-exempt probate assets are valued at $150,000 or less, and protected homestead property is not counted toward that figure. Summary administration is also available, regardless of value, when the person has been deceased for more than two years. Larger or more complex estates use formal administration, which involves appointing a personal representative and a creditor-claim period. We review the specific assets to determine which path fits. This is general information about Florida law, not legal advice for a specific situation.
What happens if I die without a will in Florida?
If you die without a valid will, Florida's intestate succession rules in Chapter 732 of the Florida Statutes decide who inherits, and the order is fixed rather than based on your wishes. If you are married with no descendants, or all of your descendants are also descendants of your surviving spouse and your spouse has no other descendants, the spouse takes everything. If you and your spouse have children from other relationships, the estate is generally split, with the spouse taking part and the descendants taking the rest. With no surviving spouse, assets pass to your descendants, and if there are none, to parents, then siblings, and outward through the family. A will or trust lets you direct these results instead, name guardians for minor children, and avoid disputes among relatives. This is general information about Florida law, not legal advice for a specific situation.
Can a spouse be disinherited in Florida?
Generally no, not without a valid written waiver. Florida protects a surviving spouse through the elective share, which gives that spouse the right to claim 30 percent of the elective estate under section 732.2065 of the Florida Statutes, regardless of what a will or revocable trust says. The elective estate is calculated broadly and reaches well beyond the probate estate, capturing assets such as revocable trust property, pay-on-death and transfer-on-death accounts, certain jointly held property, and other interests, which makes it hard to sidestep by retitling assets. The surviving spouse must file the election within a strict deadline. The most reliable way to alter this result is a properly drafted and executed prenuptial or postnuptial agreement that waives the right. This is general information about Florida law, not legal advice for a specific situation.
How does Florida homestead affect who inherits my home?
Florida's homestead protections limit how you can leave your primary residence at death. Under section 732.401 of the Florida Statutes, if you are survived by a spouse or a minor child, you cannot freely give the homestead to whomever you choose, and a devise that violates these rules is void. If you leave a spouse and no minor children, the home may pass outright to that spouse. If you leave a minor child, the home cannot be devised at all; the surviving spouse receives a life estate with your descendants taking the remainder, though the spouse may instead elect a one-half interest as a tenant in common within the time the statute allows. Because these rules override the words of a will, the home should be addressed deliberately as part of any plan. This is general information about Florida law, not legal advice for a specific situation.
Do I need a durable power of attorney in Florida?
For most people, yes. A durable power of attorney lets you name someone you trust to manage your finances and property if you later become unable to act for yourself, and unlike an ordinary power of attorney, it stays effective after incapacity. Without one, your family may have no authority to pay bills, manage accounts, or handle property, and they could be forced to ask a court to appoint a guardian, which is a public, costly, and ongoing court-supervised process. A durable power of attorney, paired with a healthcare surrogate designation and a living will, generally avoids that outcome and keeps decisions in the hands of the people you chose. Florida imposes specific signing and witnessing formalities, so the document should be prepared with care. This is general information about Florida law, not legal advice for a specific situation.
This page reflects Florida estate planning and probate law current as of 2026. These rules change frequently; confirm the specifics for your situation with counsel.
From the Firm
Writing on estate planning
and administration.
Blog
Why Everyone Should Have an Estate Plan
There are many common misconceptions regarding estate planning. People sometimes assume they only need a plan if they are wealthy or that everything will automatically go to their closest relatives.
Read the articleIn the News
Estate Planning For Minor Children
Estate planning is not just for older, more established clients. Parents of minor children have particular reasons to act early, including naming a guardian and providing for ongoing management of assets.
Read the articleIn the News
Estate Planning During an Uncertain Time
During periods of uncertainty, clients raise important questions about estate documents and what family members may need if a principal becomes incapacitated or passes away unexpectedly.
Read the articleWhere It Connects
Estate matters often touch
adjacent disciplines.
Real Estate
Real Estate, Corporate & Land Use
When an estate involves real property, our Real Estate group works alongside estate counsel on title, transfers, and entity structuring. The firm has closed more than $2 billion in Florida real estate transactions.
See real estate counselLitigation
Commercial Litigation & Appeals
When probate or trust matters become contested, including will contests, breach of fiduciary duty claims, or disputes over trust accountings, our litigation group is prepared to handle the dispute through Florida courts.
See litigation counselCommunity Association
Community Association Law
Estates that include condominium or HOA-governed real property must work through the transfer and approval requirements specific to those communities. Our association practice handles those questions alongside estate administration.
See association counselThe Team
Meet the Team
Of Counsel
Associate
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Contact
Bring us your
toughest matter.
By telephone
561.994.4499
Fax 561.537.8638
Boca Raton
6111 Broken Sound Parkway NW
Suite 200
Boca Raton, FL 33487
Palm Beach Gardens
5100 PGA Boulevard
Suite 201
Palm Beach Gardens, FL 33418