August 6, 2025
By: Dana M. Fragakis, Esq.
You are serving as the personal representative of a loved one’s estate, and you’ve learned that they were under guardianship prior to their death. Managing an estate in Florida becomes more complex when guardianship precedes probate because multiple legal processes must align correctly. We assist clients in these situations, and by understanding the key considerations, you can approach the probate process with clarity and confidence.
The Legal Intersection of Guardianship and Probate in Florida
Guardianships in Florida are governed by Chapter 744 and probate by Chapter 733 of the Florida Statutes. When a person under guardianship passes away, their guardianship automatically ends under Florida Statute 744.521, and authority over their assets transitions to the personal representative appointed through probate. This shift initiates the formal estate administration, but ensuring a clean transfer requires careful legal navigation.
Key Legal Areas of Concern
- Validity of Wills Signed During Guardianship
Florida law under §732.501 requires testamentary capacity at the moment a will is signed. Individuals under guardianship may have intermittent lucid periods sufficient for a valid will. Courts will scrutinize whether the will was executed during such an interval and supported by medical documentation to uphold its validity . - Asset Transactions by Guardians
Guardians are legally permitted to manage assets, but significant actions—such as selling real estate—must receive prior court approval, as per rules for guardian of property. The personal representative must verify documentary proof that all asset sales or transfers were court authorized to ensure the estate inventory accurately reflects these activities. - Final Accounting Obligations
Under Florida Probate Rules and Statute §744.3678, the guardian must file a final accounting that reports all financial activity during their tenure.. Probate cannot properly conclude until this accounting has been submitted and confirmed, ensuring a transparent handover of assets.
Essential Documentation for Probate in These Situations
You will need complete guardianship court files, including the initial incapacity determination, letters of guardianship, annual reports, and any orders authorizing financial or property-related transactions. These records build the timeline of legal authority and asset management.
Next, you should gather all financial documents maintained during the guardianship period—including bank statements, property sale records, investment account statements, and receipts for care-related expenses. These finance documents must match the formal accounting submitted by the guardian.
Medical records spanning the period of guardianship are also important. They help confirm testamentary capacity where necessary and support any will challenges that may arise.
Recommended Steps for Personal Representatives
Begin by requesting and reviewing the full guardianship file to confirm every asset action was legally authorized. This step ensures that no unapproved decisions are overlooked and that all transactions align with court orders.
Next, collaborate directly with the former guardian. They possess a unique understanding of the ward’s circumstances, expenses, and health needs. Their insight can clarify any unusual transactions or missing documentation.
Communicating openly with heirs and beneficiaries is also beneficial. Describing how funds were used—such as property sales to cover care—can alleviate concerns and help prevent disputes. Explaining guardianship decisions transparently builds trust and forestalls potential litigation.
Lastly, conduct a comprehensive audit of all asset transactions during guardianship. Ensure that each sale, transfer, or expense is backed by a valid court order or approval—especially for real estate, which is often scrutinized in probate proceedings.
Why Understanding This Matters
Guardianships aim to protect those who are unable to manage their own affairs. When the ward dies, that protection ends, and the estate transitions into probate. Overlooking the probate implications of guardianship actions can lead to delays, contested wills, or court objections. By proactively securing documentation, confirming legal compliance, and engaging heirs, personal representatives can navigate probate smoothly and fulfill their fiduciary duties under Florida law.
Take the Next Step
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At Florida Wills and Trusts Law, we don’t just draft documents; we ensure you make informed and empowered decisions about life and death, for yourself and the people you love. That’s why we offer a comprehensive Life & Legacy Planning Session™, during which you will get more financially organized than you’ve ever been before and make all the best choices for the people you love. You can begin by calling our office today to schedule a Life & Legacy Planning Session™.
This material was created for educational and informational purposes only and is not intended as ERISA, tax, legal, or investment advice. If you are seeking legal advice specific to your needs, such advice services must be obtained on your own, separate from this educational material.