The probate court in Florida is the division of the circuit court that oversees the legal transfer of a deceased person’s assets, validates wills, appoints and supervises personal representatives, and resolves disputes among heirs and beneficiaries. It operates under the Florida Probate Code (Chapters 731 through 735 of the Florida Statutes) and the Florida Probate Rules. In plain terms, it is the forum where the state makes sure a deceased person’s debts get paid and the right people inherit what they are owed.
That description sounds tidy. In practice, the probate court is where grieving families discover that a stepmother is named on a bank account, that a will surfaced that nobody knew about, or that the person holding the checkbook has been quietly draining it. If your family is staring down a will contest or a fight over an estate, understanding what the court can and cannot do is the first step toward getting a fair result. This article walks through the court’s actual role, the people it supervises, and the levers it pulls when an estate turns contentious.
What Is the Florida Probate Court?
Florida does not have a freestanding “probate court” the way some states do. Instead, each of Florida’s twenty judicial circuits has a probate division within its circuit court. A judge assigned to that division hears probate matters: estate administration, guardianship, and often trust disputes. When people in Miami-Dade, Broward, or Palm Beach County talk about “going to probate court,” they mean filing a case in the probate division of their local circuit court, usually in the county where the decedent lived at the time of death.
The court’s authority comes from the Florida Probate Code. Chapter 731 sets out the general provisions and the definitions that govern everything else (see section 731.201). Chapter 732 covers intestate succession and the rules for wills. Chapter 733 governs the administration of estates, from opening the case through closing it. Chapter 735 provides the streamlined alternatives, summary administration and disposition without administration, for smaller estates.
The Core Functions of the Probate Court
Strip away the procedure and the probate court does a handful of essential jobs. Each one matters more when there is conflict in the family.
- Validating the will. The court determines whether the document offered is the decedent’s last valid will. It examines whether the will was properly signed and witnessed under Florida’s execution requirements, and whether a self-proving affidavit accompanies it. If the will is challenged, this is where the fight happens.
- Appointing the personal representative. Florida uses the term “personal representative” rather than “executor.” The court issues Letters of Administration, the document that gives that person legal authority to act for the estate.
- Supervising administration. The personal representative answers to the court. They must inventory assets, give notice to creditors and beneficiaries, pay valid debts and taxes, and ultimately distribute what remains.
- Protecting creditors and beneficiaries. The court enforces the notice requirements and the deadlines that protect everyone with a stake in the estate.
- Resolving disputes. When beneficiaries fight, the court hears objections, removes representatives who breach their duties, and adjudicates claims.
How the Court Appoints and Oversees the Personal Representative
Nothing happens in a formal estate until the court issues Letters of Administration. Before that, the named personal representative is just a person holding a piece of paper. The court reviews the petition, confirms the proposed representative is qualified under Florida law, and then formally appoints them.
Florida is stricter than many states about who can serve. A nonresident generally cannot serve as personal representative unless they are closely related to the decedent, a limitation that surprises out-of-state families all the time. The court also screens for disqualifying factors, such as a felony conviction or mental or physical incapacity.
Once appointed, the personal representative becomes a fiduciary. That is a legal term with teeth. They owe the estate and its beneficiaries duties of loyalty and care, and they must act in the estate’s interest, not their own. The court supervises by requiring an inventory of assets, accountings, and, at the end, a plan of distribution. If a beneficiary believes the representative is self-dealing, hiding assets, or simply not doing the job, the court is where they go to demand an accounting or seek removal under Chapter 733. New York families face a parallel structure through the Surrogate’s Court; Morgan Legal’s overview of is a useful comparison for anyone with assets in both states.
The Court’s Role in Notice, Creditors, and Deadlines
A large part of what the probate court enforces is timing. Florida law is built around deadlines, and missing one can extinguish a right entirely.
Early in a formal administration, the personal representative must serve a Notice of Administration on interested parties under section 733.212. This notice is significant: it triggers a three-month window for beneficiaries to object to the validity of the will, to the qualifications of the personal representative, or to the court’s jurisdiction. If you have grounds to contest and you sit on them past that window, you can lose the right to raise them at all.
The court also oversees creditor claims. The representative publishes a Notice to Creditors under section 733.2121 and serves known creditors directly. Creditors then face their own deadline under section 733.702 to file claims, generally the later of three months from first publication or thirty days from being served. The court polices these dates and rules on objections to claims that are late or disputed.
- Open the estate by petitioning for administration and getting Letters issued.
- Give notice to beneficiaries and creditors, starting the objection and claims clocks.
- Inventory and value the estate’s assets.
- Pay valid claims, expenses, and taxes in the order Florida law requires.
- Distribute the remainder and petition to close the estate.
When Families Fight: The Probate Court as Referee
This is where the court matters most to the families our firm represents. A will contest is not a casual disagreement; it is formal litigation inside the probate case. To overturn a Florida will, a challenger generally has to prove one of a narrow set of grounds:
- Lack of testamentary capacity. The decedent did not understand the nature of their property or who their natural beneficiaries were.
- Undue influence. Someone in a position of trust pressured the decedent into a will that reflects the influencer’s wishes, not the decedent’s. Florida courts look hard at whether a substantial beneficiary was active in procuring the will while occupying a confidential relationship.
- Improper execution. The will was not signed or witnessed the way Florida law requires.
- Fraud, duress, or mistake. The decedent was deceived or coerced.
The probate judge presides over discovery, hears evidence, and decides these contests, sometimes after a bench trial. The court can also resolve fights short of a full contest: disputes over the meaning of an ambiguous bequest, objections to a personal representative’s accounting, petitions to surcharge a representative for losses caused by misconduct, and disputes over homestead and the rights of a surviving spouse. Many of these conflicts mirror the friction points described in Morgan Legal’s discussion of the , which translate closely to Florida even though the procedural labels differ.
One practical note on cost: attorney’s fees in an estate are governed by section 733.6171, and in a contested matter the court has real influence over what is reasonable and who ultimately bears those fees. That makes early strategy decisions, whether to litigate, negotiate, or mediate, financially consequential.
Formal vs. Summary Administration in Florida Probate Court
Not every estate gets the full treatment. Florida offers two main paths, and the court’s involvement scales accordingly.
Formal administration is the standard process for larger or contested estates. It involves a personal representative, Letters of Administration, the full notice and creditor procedures, and ongoing court supervision. Almost every will contest plays out inside a formal administration.
Summary administration under Chapter 735 is available when the value of the estate subject to probate (excluding exempt property like homestead) is $75,000 or less, or when the decedent has been dead for more than two years. It is faster and cheaper, and it does not appoint a personal representative. But it is a poor fit when family members are at war, because it offers fewer procedural tools to surface assets and resolve disputes.
Choosing the wrong path can be a costly mistake. If you suspect a dispute is brewing, formal administration usually gives you the leverage and the oversight you need. A South Florida probate attorney can map the right route before you commit. You can also review our overview of Florida probate and our practical guidance on wills to understand how these pieces fit together, and Morgan Legal’s Florida team offers a parallel for additional context.
What the Probate Court Cannot Do
It helps to know the limits. The probate court generally has no say over assets that pass outside probate: jointly titled property with right of survivorship, accounts with valid pay-on-death or transfer-on-death designations, life insurance and retirement accounts with named beneficiaries, and assets held in a properly funded living trust. Those move by operation of law or contract, not by the will.
That distinction is exactly where many family fights originate. A daughter named as personal representative may find that the bulk of dad’s wealth went to a recently added joint account holder, leaving the probate estate nearly empty. The probate court can sometimes reach those transfers, through claims of undue influence or fraud, but only if someone brings the right action with the right evidence. The court does not police these issues on its own; it responds to the parties who show up and ask.
Talk to a South Florida Probate Attorney Before the Clock Runs
The Florida probate court is methodical, deadline-driven, and unforgiving of inaction. Whether you are a personal representative trying to do the job correctly or a beneficiary who suspects something is wrong, the worst move is to wait and hope it resolves itself. The objection window after a Notice of Administration is short, and creditor and contest deadlines pass quickly.
If your family is facing a will dispute, a contested administration, or a personal representative who will not account for the estate, get advice early. Contact our South Florida probate team to understand your rights and the deadlines that govern them before they expire.
Frequently Asked Questions
Which court handles probate in Florida?
Probate is handled by the probate division of the circuit court in the Florida county where the decedent lived at the time of death. Florida does not have a separate standalone probate court; instead, each of the twenty judicial circuits has a probate division within its circuit court that hears estate administration, will contests, and related disputes under the Florida Probate Code.
What does the probate court actually decide?
The probate court validates the will, appoints and supervises the personal representative by issuing Letters of Administration, enforces notice and creditor deadlines, and resolves disputes such as will contests, objections to accountings, and petitions to remove a representative. It oversees the estate from opening through final distribution and closing.
How long do I have to contest a will in Florida?
Once you are served with a Notice of Administration under section 733.212 of the Florida Statutes, you generally have three months to object to the validity of the will, the qualifications of the personal representative, or the court’s jurisdiction. Missing that window can permanently bar your challenge, so it is critical to act quickly and consult a Florida probate attorney.
Does every estate have to go through formal probate court?
No. Florida offers summary administration under Chapter 735 when the probate estate (excluding exempt property like homestead) is $75,000 or less, or when the decedent has been deceased more than two years. Some small estates qualify for disposition without administration. Larger or contested estates, however, require formal administration with full court supervision.
Can the probate court control assets like joint accounts or life insurance?
Generally no. Assets with survivorship rights, valid pay-on-death or transfer-on-death designations, beneficiary-designated life insurance and retirement accounts, and trust assets pass outside probate. The court can sometimes reach such transfers through claims of undue influence or fraud, but only if an interested party brings the appropriate action with supporting evidence.
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For more on our Florida practice, see our overview of probate and estate administration in Florida. Morgan Legal Group's affiliated New York office also handles .
