When a loved one passes away in Florida, navigating the probate process can feel overwhelming—especially during a time of grief. Probate is the legal procedure by which a decedent’s assets are identified, valued, and distributed either according to their will or, if there is none, in accordance with Florida intestacy laws.
In this step-by-step guide, we break down the Florida probate process, explain the roles involved, and provide clarity on timelines, costs, and potential complications.
What Is Probate in Florida?
Probate is the court-supervised process for identifying and gathering the decedent’s assets, paying debts and taxes, and distributing the remainder to beneficiaries. Florida recognizes three main types of probate:
- Formal Administration – The most common type, used when assets exceed $75,000.
- Summary Administration – A simplified process for smaller estates or when the decedent has been dead for more than two years.
- Disposition Without Administration – Rare and used only when probate assets are minimal and don’t exceed final expenses.
For more details, the Florida Courts website outlines the specific types of probate available.
Step 1: Determine Whether Probate Is Necessary
Not all assets go through probate. Non-probate assets include:
- Jointly owned property with rights of survivorship
- Payable-on-death (POD) bank accounts
- Life insurance policies with named beneficiaries
- Trust-held assets
If the estate includes individually owned property without designated beneficiaries, then probate is likely required.
Step 2: Locate the Will (If One Exists)
If the deceased had a will, it must be filed with the clerk of court in the county where they resided at the time of death. The court will verify the will’s validity and appoint a personal representative (also known as an executor).
If no will exists, the estate is considered intestate, and Florida’s intestate succession laws (as outlined in Florida Statutes) dictate how assets are distributed.
Step 3: Open a Probate Case
To initiate probate:
- File a Petition for Administration in the circuit court
- Submit the original will (if applicable)
- Provide a certified death certificate
- Request appointment of the personal representative
Once appointed, the personal representative receives Letters of Administration, giving them the legal authority to act on behalf of the estate.
Step 4: Notify Beneficiaries and Creditors
The personal representative must:
- Notify all beneficiaries and heirs of the proceedings
- Publish a Notice to Creditors in a local newspaper to inform potential creditors
- Personally serve known creditors, who then have 90 days to file a claim
Failure to properly notify creditors can lead to liability for the estate or the personal representative.
Step 5: Inventory and Value the Estate
The personal representative is responsible for:
- Locating all estate assets (real estate, bank accounts, personal property, etc.)
- Valuing the assets at fair market value as of the date of death
- Filing an Inventory of Assets with the court within 60 days of appointment
For complex assets, such as businesses or investment portfolios, professional appraisals may be required.
Step 6: Pay Debts, Taxes, and Expenses
The personal representative must pay:
- Valid creditor claims
- Funeral costs
- Legal and administrative fees
- Federal estate taxes (if applicable—most estates fall below the federal exemption)
- Florida doesn’t have a state estate tax, but final income tax returns may still be required
Step 7: Distribute the Remaining Assets
Once debts and expenses are paid, the personal representative distributes the remaining estate to beneficiaries in accordance with the will or Florida intestacy laws.
This distribution may involve:
- Transferring real estate titles
- Closing bank accounts
- Disbursing personal property
Before making distributions, a final accounting must often be filed and approved by the court.
Step 8: Close the Probate Case
The final step is filing a Petition for Discharge, along with proof that all debts have been paid and assets distributed. Once the court approves this petition, the probate case is formally closed.
How Long Does Probate Take in Florida?
The Florida probate process generally takes:
- 3–6 months for summary administration
- 6–12+ months for formal administration
- Longer if the estate is contested or involves significant litigation
Hiring an experienced attorney can help streamline the process and avoid costly delays.
When You Should Hire a Probate Lawyer
While small estates may qualify for simplified proceedings, the majority of probate cases benefit from the guidance of a qualified attorney. Mistakes in creditor notice, asset handling, or tax filing can lead to personal liability or legal disputes.
If you’re dealing with a loved one’s estate or need to understand your role as a personal representative, consulting a Probate Lawyer in Florida can save time, money, and stress.
