P. Jill Ashley approaches estate planning through a broad, integrated lens shaped by over three decades of hands-on experience working closely with multi-generational families, business owners, trusts and estates. Long before practicing law, Jill worked side by side with clients on complex financial and planning decisions, developing a deep understanding of how tax, financial, risk management, and personal considerations intersect over a lifetime.

That perspective informs a practice centered on clarity, stewardship, and intentional planning – guiding clients to make informed decisions that uplift their families, support their business interests, and advance their philanthropic goals. Today, Jill designs estate plans that thoughtfully coordinate legal structures with financial realities and family dynamics with strategies that are practical, well-reasoned, and aligned with each client’s long-term vision and values.

Federal estate tax exposure is only one aspect of estate planning. A properly drafted Will or Trust allows you to control the disposition of your assets, name fiduciaries such as a Personal Representative or Trustee, provide for minor or dependent beneficiaries, and avoid default intestacy provisions that may not reflect your intent. In many cases, a Trust can also reduce probate costs, improve administrative efficiency, and preserve privacy, regardless of estate tax considerations.

A Florida Will must comply with specific statutory drafting and execution requirements under the Florida Probate Code, including formalities for signing and witnessing. An attorney ensures the Will is properly executed, names an appropriate Personal Representative, coordinates beneficiary designations and asset titling, and addresses issues such as homestead property, elective share rights, and guardianship nominations. Generic forms often fail to account for these Florida-specific rules, increasing the risk of invalidity, unintended distributions, or costly probate litigation.

When a Florida resident dies without a valid Will, the estate is distributed according to Florida’s intestate succession statutes under the Florida Probate Code, regardless of the decedent’s personal relationships or intent. The court appoints a Personal Representative, and assets pass to heirs in the order prescribed by statute, which may exclude intended beneficiaries or produce unintended results – particularly in blended families or second marriages.

Under Florida law, when a a Florida resident’s original Will cannot be located after death, the Will is presumed to have been revoked. In limited circumstances, a copy of the Will may be admitted to probate if the proponent can rebut the presumption of revocation and establish the Will’s contents and proper execution in accordance with the Florida Probate Code. Absent sufficient proof, the estate is administered as an intestate estate under Florida’s intestacy statutes.

TIP: Store the original Will in a secure but accessible location, and ensure the nominated Personal Representative knows where it is kept and how to obtain it promptly upon death.

A Will is a testamentary document that becomes effective only upon death and governs the distribution of probate assets under court supervision, while a Trust is a fiduciary arrangement that can operate during lifetime and after death. In Florida, a properly drafted and funded Trust can avoid probate, allow for more efficient administration, preserve privacy, and carry out detailed or unique planning objectives – while a Will remains essential to nominate guardians and direct the disposition of assets not titled in the Trust.

Yes. Even with a properly drafted and funded Trust, a Will remains an essential component of a Florida estate plan. A “pour-over” Will is typically used to direct any probate assets, later-acquired property, and assets not previously titled in the name of the Trust – whether overlooked or undiscovered – into the Trust at death, while also nominating a Personal Representative and guardian for minor children, and ensuring the overall plan is fully implemented and coordinated.

Probate is a court-supervised process used to identify a decedent’s assets, pay valid debts, and transfer title to beneficiaries or heirs. In Florida, probate is generally necessary when a person dies owning assets in their individual name without a beneficiary designation or Trust, or when court authority is required to settle the estate.

In Florida, probate can be advantageous when it is important to formally identify and bar creditor claims, resolve disputes under court supervision, or establish clear title to certain assets. Probate provides a defined statutory process, including notice to creditors with firm claim deadlines, which can reduce long-term risk and uncertainty. In some cases, a limited or streamlined probate administration may offer greater finality than informal trust administration alone.

Florida probate may proceed by summary administration or formal administration, depending on the size of the estate and the time elapsed since death. Summary administration is a streamlined court process available for qualifying estates and generally involves fewer procedural steps, while formal administration requires appointment of a Personal Representative and ongoing court oversight. The appropriate procedure depends on statutory eligibility, asset composition, and the need to address creditor claims or disputes.

Ancillary probate is a secondary probate proceeding required when a decedent owned real property located outside Florida in the decedent’s individual name. Even if a primary probate is opened in Florida, a separate proceeding in the state where the property is located may be necessary to transfer title, unless the property was held in a Trust or otherwise titled to avoid probate under that state’s law.