If a loved one in Florida has passed away and someone mentioned “probate,” you may be wondering what that word actually means. In plain English, probate is the court-supervised process of settling a person’s affairs after death: proving their will (if there is one), paying valid debts, and transferring what’s left to the right people. In Florida, this process is governed by the Florida Probate Code, found in Chapters 731 through 735 of the Florida Statutes.
Why Probate Exists
When someone dies, their bank accounts, real estate, and other assets don’t automatically move to their family. Someone has to confirm who is legally entitled to receive them and make sure debts and final expenses are handled first. Probate is Florida’s official answer to the question: “Who gets this, and how do we make it legal?” The court oversees the process so creditors, heirs, and beneficiaries are all treated according to the law.
With a Will vs. Without a Will
If your loved one left a valid Florida will (one that meets the signing and witnessing rules in Florida Statutes section 732.502), the court generally follows their wishes about who inherits. The will also usually names a personal representative, which is Florida’s term for the person Floridians elsewhere might call an “executor.”
If there is no will, the person died “intestate.” Florida’s intestacy laws then decide who inherits, typically starting with a surviving spouse and children. The court appoints a personal representative based on a statutory order of priority.
What Usually Has to Go Through Probate
Not everything a person owned passes through probate. Generally, probate involves assets titled in the deceased person’s name alone with no built-in way to transfer. Common examples include a solely owned Florida home, an individual bank account with no payable-on-death designation, or a brokerage account without a named beneficiary.
What Often Skips Probate
Many Florida families are surprised to learn that a large share of assets can pass outside probate entirely. These include:
- Assets in a properly funded Florida revocable living trust (governed by Chapter 736)
- Life insurance and retirement accounts with a named beneficiary
- Bank or investment accounts with payable-on-death or transfer-on-death designations
- Real estate transferred during life through tools like a Lady Bird (enhanced life estate) deed
- Property owned as joint tenants with right of survivorship or, between spouses, as tenancy by the entirety
Two Roads in Florida: Summary and Formal
Florida offers a streamlined path called summary administration for smaller estates or when the person has been deceased for more than two years, and a more involved path called formal administration for larger or more complicated estates. Which one fits depends on the value of the probate assets and the circumstances. We’ll dig into those differences in our step-by-step guide.
A Note on Florida Taxes
Here’s some welcome news for Florida families: Florida has no state estate tax and no state inheritance tax. Probate is about transferring property and settling debts, not about paying a special state death tax.
Talk to a Florida Probate Attorney
Probate can feel overwhelming when you’re also grieving. Florida law sets specific deadlines, notice requirements, and procedures, and most formal administrations require a licensed attorney. Because every estate is different, consider speaking with a Florida probate attorney who can review your specific situation and guide you through the process.
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For more on our Florida practice, see our overview of probate in Palm Beach. Morgan Legal Group's affiliated New York office also handles .
