Probate / Estate Administration
The probate process in Florida is a court-supervised legal procedure used to appoint a personal representative, who has the legal responsibility to identify and gather the assets of a deceased person (called the decedent), pay their debts, and distribute the remaining assets to their rightful heirs or beneficiaries per the decedent’s wishes as outlined in his or her Will, or pursuant to Florida’s intestate code, if there is no Will.

What Is Probate?
Probate is necessary to legally transfer ownership of a decedent’s probate assets, those owned solely in their name or without a designated beneficiary to others. This includes:
  • Solely owned bank accounts
  • Real estate titled only in the decedent’s name
  • Personal property
  • Life insurance or retirement accounts payable to the estate

Types of Probate in Florida

Formal Administration: The most common and comprehensive process used when the estate is valued over $75,000 or when there are complex issues.

Summary Administration: A simplified process for smaller estates (under $75,000) or when the decedent has been dead for more than two years.

Disposition Without Administration: Used in very limited cases where the estate consists only of exempt personal property and funeral expenses.

Steps in the Florida Probate Process
  • Filing the Petition: A petition is filed with the probate court to open the estate.
  • Appointment of Personal Representative: The court appoints a personal representative      (executor) to manage the estate.
  • Notice to Creditors: Creditors are notified and given time to file claims.
  • Inventory of Assets: The personal representative identifies and values all probate assets.
  • Payment of Debts and Taxes: Valid debts, taxes, and expenses are paid from the estate.
  • Distribution of Assets: Remaining assets are distributed to beneficiaries or heirs.
  • Closing the Estate: A final accounting is submitted, and the court formally closes the estate.

How Long Does Probate Take?

Summary Administration: A few weeks to a few months.
Formal Administration: Typically, 6–12 months, but can take longer if contested or complex.

Although the administration of a decedent’s estate can be done without retaining an attorney, there can be unexpected issues with how assets are titled or with homestead considerations. If you need assistance with the estate of a loved one, please contact us for a no cost initial consultation to help you decide what steps need to be taken.