Frequently Asked Questions

Probate Law is a branch of law that deals with the legal process of settling the estate of a deceased person. This process involves identifying and gathering the assets of the deceased, paying off any outstanding debts, and distributing the remaining assets to the beneficiaries.

If you are the executor of an estate, it is highly recommended that you seek the services of a Probate Lawyer. The probate process can be complex, and a lawyer can help you navigate the process and ensure that the estate is settled in a timely and efficient manner.

The Executor is responsible for managing the estate of the deceased person. This includes identifying and gathering assets, paying off any outstanding debts, and distributing the remaining assets to the beneficiaries in accordance with the will or state law.

As a non-resident handling probate in Florida, it's crucial to understand the process. Generally, probate involves validating a deceased person's will, identifying and appraising assets, paying debts, and distributing remaining assets. Florida's probate laws may differ from those in your home state, so consulting with a local attorney is advisable to navigate these intricacies effectively. 

 Initiate the process by finding the will and reaching out to a lawyer based in Florida who can assist you in navigating the initial stages. Communication can take place via phone calls, emails, and virtual meetings, enabling you to oversee the proceedings from a distance. With Florida-based attorneys able to handle probates across the state, this flexibility accommodates the administration needs of individuals residing outside Florida. 

While it's not obligatory to be physically present, having a representative or attorney based in Florida is essential. Although remote communication is possible, some tasks may require a local presence. An attorney can assume this role, ensuring you stay well-informed about the progress of proceedings. 

  The duration varies based on factors such as estate complexity and potential disputes. In Florida, the process typically lasts several months to a year. Regular communication with your attorney can provide updates on the timeline and progress. 

  Florida doesn't impose state inheritance or estate taxes. However, federal estate taxes may apply. Consult with a tax professional to understand your obligations and how they may differ from your home state. 

   Creditors are given a specific period to file claims against the estate. Your attorney will review and address these claims, ensuring debts are settled appropriately before distributing assets to beneficiaries. 

    While your existing attorney may provide guidance, collaborating with a Florida-based probate attorney is recommended. They possess local expertise, ensuring adherence to Florida's unique laws and regulations.  

     Essential documents include the original will, death certificate, and a list of assets. Working closely with a Florida probate attorney ensures all required documentation is prepared and submitted correctly. 

     Regular communication with your Florida-based attorney is key. They can provide updates, share relevant documents electronically, and ensure you stay informed about the proceedings from the comfort of your location. 

To understand how property valuation changes and the subsequent challenge process works in Florida, especially after the death of a property owner, it's important to consider several key aspects. Firstly, upon the owner's death, a property must be reassessed to reflect its current market value. This reassessment can be influenced by factors such as the cessation of Homestead Exemption benefits, changes in property use or ownership status, and any subsequent sales or transfers. In this context, understanding the process of challenging a property appraiser's valuation in Florida becomes crucial, particularly in light of the specific legal framework and timelines involved. The following summary outlines these steps, including the relevant Florida Statutes and the burden of proof required to successfully contest a property valuation.

1. Understanding 'Just Valuation': Familiarize yourself with the concept of "just valuation" in Florida, which refers to the fair market value of the property as assessed by the property appraiser. (Florida Statute 192.001)
2. Receipt of the TRIM Notice: The Truth in Millage (TRIM) notice is typically mailed to property owners by the county property appraiser in mid to late August each year. The exact date can vary by county. (Florida Department of Revenue)
3. Review the Assessment Notice: Upon receiving the TRIM notice, review it for any discrepancies in property details or valuation. This notice includes the property's assessed value, exemptions, taxable value, proposed tax rates, and the dates and times of budgetary hearings. (Florida Statute 194.011)
4. Gather Evidence and Understand the Burden of Proof: Compile evidence to support your claim that the valuation is incorrect. The burden of proof is on the property owner to prove that the property appraiser’s valuation is not accurate. This may include recent sales data of comparable properties, an independent appraisal, or other relevant information that challenges the appraiser's findings. (Florida Statute 194.301)(Florida Statute 194.3045)
5. Filing a Petition with the VAB: If you believe the valuation is unjust, file a petition with the local Value Adjustment Board within 25 days of the mailing of the TRIM Notice. (Florida Statute 194.011(3))(2023 - Volusia County Petition)
6. Preparation for the VAB Hearing: Prepare your case by organizing your evidence, understanding that the burden of proof lies with you to demonstrate the inaccuracy of the appraisal, and possibly consulting with a real estate attorney or professional appraiser. (Florida Statute 194.301)
7. Attend the VAB Hearing: Present your case at the hearing, clearly articulating why the valuation should be adjusted. The property appraiser’s office will also present their justification for the valuation adhering to the guidelines set forth in Florida Statutes 194.032 and 194.034.
8. VAB Decision: The VAB will make a decision after the hearing. If it's in your favor, the valuation will be adjusted.
9. Further Appeal: If you disagree with the VAB’s decision, you may appeal to the Florida District Court of Appeals within 60 days of the VAB's decision. (Florida Statute 194.171) 

What Heirs Need to Know About HUD Loan Terms and Deadlines: When a Florida homeowner dies with a reverse mortgage, the loan becomes due under the terms of the mortgage contract. Most reverse mortgages are federally insured Home Equity Conversion Mortgages (HECMs) governed by HUD regulations and standardized loan documents.

Understanding the contractual framework is critical before making decisions.

1. What Triggers the Loan Becoming Due? Under standard HUD HECM loan documents, the lender may require immediate payment in full if:

• The borrower dies and the property is no longer the principal residence of at least one surviving borrower;
• The borrower transfers title to someone else (with limited exceptions);
• The borrower fails to occupy the property for more than 12 consecutive months due to health reasons;
• The borrower fails to pay property taxes, insurance, HOA dues, or otherwise breaches loan obligations.
• Upon death of the last borrower, the loan becomes “Due and Payable.”
• This language is contained in the Note and Security Instrument (Mortgage) and is required by HUD.

2. What Does “Due and Payable” Actually Mean?

It does not mean the home is automatically lost. It means:

• The lender may demand repayment of the outstanding loan balance;
• Interest continues to accrue;
• The estate or heirs must elect a resolution path.
• The lender will issue a Due and Payable letter after verifying the borrower’s death.

3. Non-Recourse Protection (Critical Protection for Heirs). HUD-insured reverse mortgages are non-recourse loans. Under the HECM Note, the lender’s recovery is limited to the value of the property securing the loan.

This means:

• Heirs are not personally liable for any deficiency.
• If the loan balance exceeds the value of the home, the FHA insurance covers the shortfall.
• The lender cannot pursue heirs’ personal assets.

This is one of the most important protections in reverse mortgage estates.

4. Repayment Options Under HUD Guidelines. HUD regulations and the HECM loan documents give heirs structured options:

· Option A: Pay the Full Loan Balance. The estate may pay the total outstanding balance (principal + accrued interest + servicing fees + mortgage insurance premiums).

· Option B: Pay 95% of Appraised Value. If the loan balance exceeds the property value, heirs may satisfy the debt by paying the lesser of:

• The full loan balance, or
• 95% of the current appraised value. The lender orders an FHA-approved appraisal to determine value.
• Option C: Sell the Property. The estate may sell the home and use proceeds to pay the loan. If sale proceeds exceed the balance, the estate keeps the excess. If proceeds are insufficient, the deficiency is covered by FHA insurance.
• Option D: Deed in Lieu of Foreclosure. If there is no equity and the estate does not want to sell, the personal representative may coordinate a deed in lieu. This transfers the property back to the lender without a foreclosure lawsuit.

5. Contractual and Regulatory Timeframes

· Initial Notice Period. After issuing the Due and Payable letter, the lender typically gives heirs approximately 30 days to notify the servicer of their intent (sell, refinance, deed in lieu, etc.).

· Six-Month Resolution Period. Heirs are generally allowed up to 6 months from the date of death (or Due and Payable notice, depending on circumstances) to satisfy the loan.

· Extensions. HUD guidelines allow: Two additional 90-day extensions for a potential total of approximately 12 months. However, extensions require proof that the estate is actively marketing the property or working toward payoff.

· Extensions are discretionary and require documentation.

6. Ongoing Obligations After Death. Even after the borrower’s death, the loan documents require:

• Property taxes to remain current
• Hazard insurance to remain in force
• HOA/Condo dues to be paid
• Property to be maintained in good repair
• Failure to maintain these obligations may independently trigger foreclosure rights.

7. Interest and Loan Growth After Death. Reverse mortgages accrue:

• Interest
• FHA mortgage insurance premiums
• Servicing fees (if applicable)

These continue accruing until payoff. Delay increases the balance. This makes timely administration critical.

8. Probate and Authority to Act. If the property is in the decedent’s individual name:

• A Florida probate will likely be required.
• A personal representative must be appointed.
• Letters of Administration must be issued before sale or deed transfer.
• Because HUD timelines move quickly, opening probate promptly is often necessary to preserve options.

9. Practical Reality: Coordination Is Essential. Reverse mortgage estates require coordination between:

• Probate counsel
• The lender’s loss mitigation department
• Realtors
• Title companies
• Appraisers
• Reminder. Delays in probate often consume valuable HUD resolution time.

10. Strategic Analysis Before Choosing an Option. Before making a decision, heirs should evaluate:

• Current appraised value
• Total loan balance
• Market conditions
• Carrying costs
• Condition of the property
• Likely probate duration
• In some cases, selling is clearly appropriate. In others, retaining the home at 95% of appraised value may make financial sense. In still others, a deed in lieu may avoid unnecessary expense.

How We Assist with Reverse Mortgage Probate Matters

We assist families across Florida with:

• Immediate review of the loan documents
• Confirming HUD-insured status
• Communicating with servicers
• Opening probate quickly
• Securing extensions where appropriate
• Coordinating sales within HUD timelines
• Evaluating 95% payoff options
• Structuring deeds in lieu when appropriate
• Reverse mortgage administration is deadline-driven and document-sensitive. Early intervention protects flexibility and reduces risk of foreclosure.