The Florida Probate Process, Step by Step

Going through probate for the first time can feel like navigating a maze in the dark. This step-by-step guide walks through how Florida probate typically unfolds, so you know roughly what to expect. Florida probate is governed by the Florida Probate Code (Chapters 731 through 735), and the exact path depends on which type of administration applies.

Step 1: Decide Which Type of Administration Applies

Florida generally offers two routes. Summary administration is a faster, simpler option available when the probate assets are valued at $75,000 or less (not counting exempt property), or when the person has been deceased for more than two years. Formal administration is the more complete process used for larger estates and when a personal representative needs full authority to act. Choosing correctly at the start shapes everything that follows.

Step 2: File With the Florida Circuit Court

Probate is filed in the circuit court of the Florida county where the deceased person lived. The original will, if there is one, is deposited with the clerk, and the opening petition is filed. For most formal administrations, Florida law requires that a licensed Florida attorney represent the personal representative.

Step 3: Appoint the Personal Representative

In a formal administration, the court issues Letters of Administration, which are the official documents proving the personal representative has authority to act for the estate. The personal representative is the person responsible for gathering assets, dealing with creditors, and making distributions. Florida has specific rules about who can serve, including residency considerations for non-relatives.

Step 4: Identify and Protect the Assets

The personal representative locates and secures the estate’s assets, from Florida real estate to bank accounts, and prepares an inventory. This snapshot of what the estate owns becomes the foundation for everything else, including notifying creditors and eventually distributing property.

Step 5: Notify Heirs and Creditors

Florida requires notice to beneficiaries and known creditors, plus a published Notice to Creditors. Creditors then have a limited window to file claims. This step protects the estate from surprise claims later and is one reason probate takes the time it does.

Step 6: Pay Valid Debts, Taxes, and Expenses

Before anyone inherits, the personal representative pays valid creditor claims, final expenses, and any taxes that apply. Good news for Florida families: there is no Florida state estate or inheritance tax, though federal filings may apply to very large estates.

Step 7: Distribute What Remains

Once debts and expenses are settled, the remaining assets go to the beneficiaries named in the will or, if there is no will, to the heirs identified under Florida’s intestacy laws. Florida’s homestead protections may also affect how the family home passes.

Step 8: Close the Estate

Finally, the personal representative accounts for what was done and petitions the court to close the estate and be discharged. In summary administration, there is no ongoing personal representative, and the court can directly order distribution, which is part of why it’s quicker.

Talk to a Florida Probate Attorney

Every estate has its own wrinkles, and missing a deadline or a notice requirement can cause real delays. Because Florida law has specific procedures and most formal administrations require counsel, consider consulting a Florida probate attorney to map the right path for your family’s situation.