Death and Taxes And the Florida Probate Process

Death and Taxes

Benjamin Franklin said there were only two things certain in life: death and taxes.

This is also true for the Florida probate process.

The purpose of the Florida probate process is to gather the assets and debts of the deceased, pay the debts off, and distribute the remaining assets to the heirs. The Florida personal representative is responsible for ensuring this process is properly completed with the assistance of an attorney.

During the Florida probate process, the Florida personal representative will also need to ensure that all Estate taxes as well as the individual taxes of the deceased have been filed and paid before the probate matter can be closed and the assets can be distributed to the heirs.

If you have been named as the personal representative of an estate in Florida, or where the deceased passed away owning assets in Florida, or if you have recently suffered the loss of a loved one and would like to be appointed as the Personal Representative for the estate, then contact Boyer Law Firm, P.L. today.

A Florida Trust May Protect Your Heirs from a Large Estate Tax

Florida trustA Florida trust is an estate planning document that has many benefits, including tax benefits.

A Florida trust can own many different types of property, such as a business, a house, a commercial property, bank accounts, brokerage accounts, and more. One of the greatest benefits of a trust is the estate tax benefits for your heirs when you pass away.

Estate Planning in Florida is especially important for foreign individuals because although Florida does not currently have an active Estate Tax, the Federal Estate tax exemption is capped at $60,000.00, and the top Federal Estate tax is 40%!

According to, a lead real estate search site, the average home price in Florida is over $170,000.00. If you had to pay a 40% tax on a $170,000.00 house with a $60,000.00 exemption, without taking into consideration depreciation and tax treaties, then that means you would have to pay $44,000.00 to the U.S. Federal government just to transfer your property to your rightful heirs, such as your children.


If you have children or other dependants, then you should consider setting up a trust in order to protect them in case anything should happen to you. Here at Boyer Law Firm, we assist international and domestic clients with Estate Planning, such as Wills, Trusts, Power of Attorneys, Living Wills, and more.

If you are a foreign individual who owns assets in Florida or if you are a U.S. resident with assets in Florida, then contact Boyer Law Firm today.

How Can I be Appointed as a Florida Personal Representative?

Florida Personal RepresentativePersonal representatives are required to hire an attorney in Florida.

A Florida personal representative may be appointed in the deceased’s will. If the deceased passed away without a will, then a beneficiary can petition to become the personal representative of the Estate. The Court will appoint a personal representative for the Estate in either instance.

The personal representative is in charge of the administration of the Estate and as such holds a fiduciary responsibility.

A Florida personal representative is required to hire an attorney to guide them through the process, but there are tasks required in the administration of many probates that the personal representative must perform. These may include the obtainment of a safe deposit box inventory, communication with other beneficiaries and heirs if the situation is amicable, and reviewing and signing documents to be submitted to the Court.

If you recently suffered the loss of a loved one and would like to be appointed as the personal representative of the Estate, then contact Boyer Law Firm, P.L.’s probate attorneys today.

Florida One of Top States for Low Tax Burden

According to a recent study by WalletHub, Florida is in the top 10 states for the lowest tax burden on “High Income” and “Middle Income” taxpayers.

It is also the only southeastern state in the top 10 states with a low tax burden, other than Alabama, which ranks lower on the results.

Miami Beach panorama

State “Low Income” Rank
(Tax Burden as a % of Income)
“Middle Income” Rank
(Tax Burden as a % of Income)
“High Income” Rank
(Tax Burden as a % of Income)
Alaska 1
Wyoming 6
Nevada 4
Tennessee 16
South Dakota 28
New Hampshire 8
Florida 17
North Dakota 10
Alabama 25
Delaware 2


In addition to the beach and sun, the tax benefits and low tax burden of living in Florida add to the list of reasons to live and do business in the Florida. If you are thinking about moving to Florida or if you are interested in starting a Florida business, then contact Boyer Law Firm, P.L. today.

If you are a foreign individual who already lives or does business in Florida, or if you are thinking about moving to or starting a business in Florida, then you should contact an attorney to assist you with tax planning for yourself, your business, and your estate.

Tax planning may include restructuring your company, creating estate planning documents such as trusts and power of attorneys, and much more.


Chart provided by:

Federal Estate Tax Exemption for Non-U.S. Citizens

Federal estate tax exemptionOne of the major differences in probating an estate for a foreign individual and a U.S. Citizen is the difference in the estate tax exemption amount: the amount an individual can leave to heirs without having to pay federal estate taxes.

For foreign individuals, the Federal estate tax exemption is capped at $60,000.00, whereas the Federal estate tax exemption for U.S. Citizens in 2015 is capped at $5.43 million per individual, up from $5.34 million in 2014, according to Forbes. A husband and wife each get their own exemption. U.S. Citizens are also allotted a “gift exclusion” amount of $14,000.00.

The top federal estate tax rate is 40%!

If you are a foreign individual who owns real or personal property in Florida that amounts to over $60,000.00 in value, you should discuss your options of getting on a path to U.S. Citizenship with an experienced immigration attorney. The most common paths to U.S. Citizenship are through an EB5 investment visa, H1-B visa, or family petitions, but there may be other options in some cases.

If you are eligible for U.S. Citizenship through Naturalization, and the value of the assets of your estate exceeds $5.43 million, then there may be other options available to you to lessen or remove this estate tax. These may include trusts, college savings plans, life insurance, and more. It is important to talk to an experienced estate planning attorney to ensure that your estate plan is custom fit to your individual needs.

If you are NOT eligible for U.S. Citizenship, and your real estate value is over $60,000.00, then you should consult with us to prepare your estate plan.

No two people are alike, and no two estate plans should be alike either. Here at Boyer Law Firm, our Estate Planning Attorneys work with tax attorneys and other tax professionals to ensure that you and your family will be best protected when you pass away.