To open a probate estate in Florida, you file a petition for administration with the circuit court in the county where the decedent lived, deposit the original will (if one exists) with that court, and ask the judge to appoint a personal representative. The court then issues “letters of administration” — the legal authority that lets the personal representative collect assets, pay creditors, and distribute what remains to the heirs or beneficiaries. In most cases this is done through a Florida attorney, because the probate rules require one for formal administration.
That is the short version. The longer version matters, especially in South Florida, where blended families, out-of-state heirs, and contested wills make probate less routine than the textbooks suggest. Below is how the process actually unfolds, what trips people up, and where the real decisions get made.
What “opening” a probate estate actually means
Opening an estate is not the whole probate. It is the first act — the moment the court takes jurisdiction over the decedent’s property and recognizes someone as having authority to act. Until letters of administration are issued, no one can lawfully sell the house, close the bank account, or pay the funeral home from estate funds. People often assume that naming an executor in a will is enough. It is not. A will is a nomination, not an appointment. The court has to make the appointment official.
Florida probate is governed by Chapter 733 of the Florida Statutes and the Florida Probate Rules. Two procedural roads exist, and choosing the right one is the first real decision.
Formal administration vs. summary administration
- Formal administration is the standard process. It applies to most estates, requires a Florida-licensed attorney under Probate Rule 5.030, and results in a personal representative with full powers. Use this when the estate is larger, has creditors to manage, owns real property that must be sold, or has any whiff of a dispute among the heirs.
- Summary administration is the shortcut. Under Florida Statutes section 735.201, it is available when the value of the probate estate (excluding exempt property like the homestead) is $75,000 or less, or when the decedent has been dead for more than two years. It is faster and cheaper, but it produces no personal representative — which makes it awkward when assets need to be actively managed.
There is also a third path that avoids opening an estate at all: disposition of personal property without administration, for very small estates where assets barely exceed final expenses. It is narrow, and most families will not qualify.
Step 1: Confirm Florida is the right place to file
Venue matters. You open the estate in the county of the decedent’s domicile — their true, fixed, permanent home — at the time of death. For a Boca Raton retiree, that is Palm Beach County. For a Miami resident, Miami-Dade. If the person split time between, say, New York and Florida, domicile can be genuinely contested, and the answer drives everything from tax treatment to which court hears the case.
Snowbirds complicate this constantly. If a New York probate is also in play because the decedent held assets up north, the procedures there differ — New York routes estates through Surrogate’s Court, and the steps to are not identical to Florida’s. When both states have a claim, you may face a primary administration in the domicile state and an ancillary administration in the other. Sorting that out early saves months.
Step 2: Locate and deposit the original will
Florida law requires that the original will be deposited with the clerk of the circuit court within 10 days of learning of the death (Florida Statutes section 732.901). This is one of the most overlooked deadlines, and it is not optional. The custodian of the will — usually whoever has physical possession of it — bears that duty, whether or not they are the named executor.
A few practical points:
- Photocopies are presumed revoked under Florida law. If only a copy survives, you can still try to probate it, but you carry a heavier burden of proof — exactly the scenario that invites a will contest.
- Self-proving affidavits (the notarized page many Florida wills include) let the court accept the will without tracking down witnesses. Without one, the witnesses may have to testify.
- If there is no will, the estate is “intestate,” and Florida’s intestacy statute (Chapter 732) decides who inherits — not the family’s expectations.
Step 3: Identify and qualify the personal representative
The person who runs a Florida estate is called the personal representative (Florida’s term for what other states call an executor or administrator). Florida is strict about who qualifies. Under section 733.304, a non-resident can only serve if they are closely related to the decedent — a spouse, child, parent, sibling, or certain other relatives. A close friend who lives in Georgia, however well-intentioned, cannot serve. A person who is under 18, mentally or physically unable to perform the duties, or who has been convicted of a felony is also disqualified.
When there is no will, section 733.301 sets the order of priority: the surviving spouse first, then the person selected by a majority of the heirs, then the heir nearest in degree. This priority list is a frequent flashpoint in families that do not get along. If two adult children each want control, the court has to break the tie, and that is where a dispute can harden into litigation.
Step 4: File the petition for administration
This is the formal “opening.” The petition for administration — governed by Probate Rule 5.200 — is filed with the clerk, along with the deposited will, the death certificate, and a filing fee that runs roughly $230 to $400 depending on the county. The petition states the decedent’s domicile, identifies the beneficiaries and heirs, describes the nature and approximate value of the estate, and asks the court to appoint the proposed personal representative.
Alongside it, the proposed personal representative typically files:
- An oath of personal representative, swearing to faithfully administer the estate.
- A designation of resident agent and acceptance, naming someone in Florida to receive service of court papers.
- An application for a bond, if the will does not waive bond or the court requires one.
If everything is in order and no one objects, the judge signs an order admitting the will to probate and appointing the personal representative. The clerk then issues letters of administration. That document — not the will, not the death certificate — is what banks, title companies, and brokerages will demand before they release anything.
Step 5: After the estate is open
Opening the estate starts the clock on a sequence of duties. Within the first stretch of administration, the personal representative must serve a notice of administration on interested persons, which triggers a 3-month window to object to the will’s validity, the venue, or the appointment. The representative also publishes a notice to creditors and serves known creditors directly; creditors then have a limited period — generally 3 months from first publication, or 30 days from being served — to file claims against the estate.
Other early tasks include filing an inventory of assets within 60 days, securing the homestead, and obtaining a tax identification number for the estate. None of this can happen before the estate is opened, which is exactly why getting Step 4 right is so important. For a fuller picture of what comes next, our overview of the Florida probate process walks through administration end to end, and families weighing whether a will is even valid should review our guidance on Florida wills and will contests.
Common mistakes that delay opening an estate
After years of handling South Florida estates, the same avoidable errors recur:
- Waiting too long. Memories fade, witnesses move, and the 10-day will-deposit duty gets missed. Delay also lets disputes fester.
- Filing in the wrong county. Using the address on the driver’s license instead of the actual domicile, or filing where the property sits rather than where the person lived.
- Choosing summary administration to save money — and then needing a personal representative anyway to sell real estate or pursue a claim. You cannot easily convert after the fact.
- Picking a disqualified personal representative, usually an out-of-state non-relative, then having to start over with a new nominee.
- Ignoring early signs of a contest. If one heir is already hinting that the will was signed “under pressure,” the way you open the estate — and how carefully you document everything — can shape whether that hint becomes a lawsuit.
When opening a probate estate becomes a contested matter
Most estates open quietly. Some do not. In contested situations, the petition stage becomes the battlefield: competing petitions for who should be appointed, objections to the will, allegations of undue influence or lack of capacity, or fights over domicile. Once a caveat is filed by an interested party, the clerk cannot admit the will without notice to that person — which means a determined objector can stall the appointment.
This is the moment families regret going it alone. Florida recognizes and procedural paths much as other states do, and a contested administration follows a very different track than an uncontested one. Choosing the wrong path early, or appointing the wrong representative, can entrench a dispute that a cleaner opening might have prevented. Our firm’s focuses on exactly these contested openings — getting the right person appointed quickly and on solid footing.
If you are facing a will dispute or are unsure which type of administration fits your situation, it is worth a conversation before you file rather than after. You can reach our South Florida probate team through our contact page.
Frequently Asked Questions
Where do I file to open a probate estate in Florida?
You file a petition for administration with the clerk of the circuit court in the Florida county where the decedent was domiciled — their permanent home — at the time of death. For example, a Boca Raton resident’s estate opens in Palm Beach County, and a Miami resident’s in Miami-Dade. If the person split time with another state, domicile can be contested and may require both a primary and an ancillary administration.
How long do I have to file the will after someone dies in Florida?
Under Florida Statutes section 732.901, the custodian of the original will must deposit it with the clerk of the circuit court within 10 days of learning of the death. This duty applies whether or not the custodian is the named executor, and it is separate from filing the petition to open the estate.
Do I need a lawyer to open a probate estate in Florida?
For formal administration, yes. Florida Probate Rule 5.030 requires the personal representative to be represented by a Florida-licensed attorney unless the representative is the sole interested person. Summary administration and disposition without administration have narrower exceptions, but most estates with creditors, real property, or any dispute proceed through formal administration with counsel.
What is the difference between summary and formal administration?
Summary administration (Florida Statutes section 735.201) is a faster, cheaper process available when the non-exempt estate is worth $75,000 or less, or when the decedent has been dead more than two years — but it appoints no personal representative. Formal administration is the standard process, results in a personal representative with full powers to collect assets and pay creditors, and is required for larger or contested estates.
Who can serve as personal representative of a Florida estate?
A Florida resident who is at least 18, mentally and physically capable, and not a convicted felon can serve. A non-resident may serve only if closely related to the decedent — such as a spouse, child, parent, or sibling — under Florida Statutes section 733.304. When there is no will, section 733.301 gives priority first to the surviving spouse, then to the person chosen by a majority of the heirs.
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For more on our Florida practice, see our overview of Florida probate administration. Morgan Legal Group's affiliated New York office also handles .
