Florida probate is the court-supervised process of identifying a deceased person’s assets, paying their valid debts and taxes, and distributing what remains to the rightful heirs or beneficiaries. It runs through the circuit court of the county where the decedent lived, and most cases fall into one of two tracks: formal administration for larger or contested estates, or summary administration for smaller ones. If the person died without a will, Florida’s intestacy statutes decide who inherits and in what shares.
I have walked a lot of Palm Beach families through this process, and the same thing happens almost every time: people brace for something far more frightening than what actually unfolds. Probate is procedural, not adversarial, in the ordinary case. It has a rhythm. Once you understand the sequence, the anxiety usually drops by half. What follows is that sequence, in the order the court actually expects it to happen.
What probate is (and what it is not)
Probate exists to do one practical job: legally transfer a dead person’s property to living people. A bank will not hand over an account in a deceased customer’s name to a grieving daughter on her say-so. The clerk of court will not retitle a homestead. Those institutions need a court order and a person with documented authority. Probate produces both.
It is governed primarily by Chapters 731 through 735 of the Florida Statutes and by the Florida Probate Rules. Note what probate is not: it is not a tax. It is not a punishment for failing to plan. And it does not touch every asset you own. Assets that pass by their own operation of law, jointly held property with rights of survivorship, accounts with valid pay-on-death or transfer-on-death beneficiaries, and most life insurance and retirement accounts with named beneficiaries, skip probate entirely. The estate that goes through court is only the property titled in the decedent’s sole name with no built-in transfer mechanism.
When there is no will: intestate estates in Florida
A surprising number of estates arrive at the courthouse with no will at all. That does not stop the process; it simply changes who inherits. When someone dies intestate, Florida’s intestate succession rules in Sections 732.101 through 732.111 act as a default will written by the legislature.
In broad strokes, if the decedent left a surviving spouse and no descendants, the spouse takes everything. If the spouse and all descendants are shared between the couple (and the spouse has no other children), the spouse again takes the entire intestate estate. The shares split, however, when there are children from another relationship, common in blended Palm Beach families, in which case the surviving spouse takes one-half and the descendants share the other half. With no spouse, the estate flows down to descendants, then to parents, then to siblings, and outward through the family tree. The hard truth here is that the statute does not care what the decedent “would have wanted.” It applies a fixed formula. That is precisely why dying intestate so often produces results that surprise the family.
Step 1: Determine which type of administration applies
Before anything is filed, the threshold question is which procedural track fits. Florida offers three main paths:
- Formal administration — the standard, full process. Required when the probate estate exceeds $75,000 in non-exempt assets, or when the decedent has been dead for two years or less and the case is not eligible for the summary track. Formal administration appoints a personal representative who is issued Letters of Administration, the document that proves authority to act.
- Summary administration — a faster, lighter procedure under Section 735.201. Available when the value of the non-exempt probate estate is $75,000 or less, or when the decedent has been dead for more than two years (regardless of size). There is no personal representative; the court enters an order distributing the assets directly.
- Disposition without administration — a narrow option for very small estates where assets do not exceed the cost of final illness and funeral expenses.
Choosing the right track at the outset saves months. I have seen people start a formal administration only to realize the estate qualified for summary, and vice versa. Get this decision right first.
Step 2: File the petition and the will (if one exists)
Probate begins when someone, usually the named personal representative, a beneficiary, or an heir, files a petition for administration with the circuit court in the decedent’s home county. In our area, that means the Palm Beach County Circuit Court. The original will, if there is one, must be deposited with the clerk; in fact, anyone holding the original will is legally obligated under Section 732.901 to deposit it within ten days of learning of the death.
Florida requires that the attorney representing the estate (and, in formal administration, the personal representative) work through licensed counsel for most cases. The petition identifies the decedent, the heirs and beneficiaries, the nature and rough value of assets, and asks the court to admit the will and appoint the personal representative.
Step 3: Appoint the personal representative and issue Letters
The court appoints the personal representative, Florida’s term for what other states call an executor or administrator, and issues Letters of Administration. This is the moment the estate gains a legal driver. Until Letters issue, no one can lawfully access the decedent’s solely owned accounts or sign on the estate’s behalf.
Florida is strict about who may serve. Under Sections 733.302 to 733.304, an individual personal representative must be a Florida resident, or, if a non-resident, must be a close relative such as a spouse, child, parent, or sibling. A non-relative who lives out of state cannot serve. This trips up many families, the brother in New Jersey simply is not eligible unless he is within that defined family circle. Banks and trust companies authorized in Florida may also serve.
What the personal representative is actually responsible for
The personal representative owes a fiduciary duty to the estate and its beneficiaries. The core obligations are concrete:
- Locate, secure, and take control of the estate’s assets.
- Prepare and file an inventory of those assets with the court (typically within 60 days of appointment).
- Identify and notify creditors, then evaluate and pay valid claims.
- File the decedent’s final income tax returns and any estate tax return that may apply.
- Keep accurate records and account to the beneficiaries.
- Distribute the remaining assets and close the estate.
Step 4: Notify beneficiaries, heirs, and creditors
Transparency is built into the process. The personal representative must serve a Notice of Administration on the surviving spouse, beneficiaries, and certain other interested parties, giving them a window to object to the will’s validity, the qualifications of the personal representative, or the court’s jurisdiction.
Creditors get their own track. The personal representative publishes a Notice to Creditors in a local newspaper and serves it directly on known or reasonably ascertainable creditors. Under Section 733.702, creditors generally have the later of three months from first publication or thirty days from being served to file a claim. There is a hard outer limit too: Section 733.710 bars most claims entirely two years after death, regardless of notice. This creditor period is often the single biggest reason probate takes the time it does, the estate genuinely cannot close until the window runs.
Step 5: Inventory, value, and manage the assets
With authority in hand, the personal representative gathers the estate together: opens an estate bank account, retitles or liquidates assets as needed, obtains date-of-death valuations for real estate and investments, and protects property in the meantime. A vacant Palm Beach condo still needs insurance and an HOA payment; a brokerage account still moves with the market. Managing that interim period prudently is part of the fiduciary job, and missteps here are a common source of beneficiary disputes.
Homestead and exempt property
Florida treats certain property specially, and this matters enormously here. The constitutional homestead protection can pass the family residence to a surviving spouse or heirs outside the reach of most creditors, and homestead is generally not counted toward the $75,000 summary-administration threshold. Florida law also exempts specific personal property, certain household furnishings up to a statutory value, two motor vehicles, and qualified education savings, for the benefit of a surviving spouse and children under Section 732.402. These protections are powerful and easy to forfeit if the paperwork is handled carelessly.
Step 6: Pay debts, expenses, and taxes
Once the creditor window closes, the personal representative pays valid claims in the priority order set by Section 733.707, administration costs first, then funeral expenses, then taxes and debts, and so on down the statutory ladder. If the estate lacks enough to pay everyone, that priority order controls who gets paid and who does not. The representative also files the decedent’s final personal income tax return. Most Florida estates owe no federal estate tax, because the federal exemption is in the multi-millions and Florida imposes no separate estate or inheritance tax, but the determination still has to be made and documented.
Step 7: Distribute the remaining assets
Only after debts, taxes, and expenses are settled does distribution happen. With a will, the personal representative distributes according to its terms. Without one, distribution follows the intestate shares in Section 732.103 and related sections, the legislature’s default plan I described earlier. Beneficiaries typically sign receipts acknowledging what they received, which protects the personal representative from later claims that something was mishandled.
This is also where contests tend to surface, disputes over a will’s validity, claims of undue influence, or arguments among heirs about valuation. Estate litigation is its own discipline. If you are facing a contested estate, whether here in Florida or with assets up north, it is worth talking to attorneys who handle day in and day out. Many Palm Beach families have ties to New York, and a coordinated approach across both states often matters.
Step 8: Account to the beneficiaries and close the estate
To close formal administration, the personal representative files a final accounting and a petition for discharge, showing every dollar that came in and went out. Beneficiaries may review and object. Once the court is satisfied that everything was handled properly and distributions are complete, it discharges the personal representative and closes the estate. That discharge order is the finish line, the moment fiduciary liability ends.
How long does Florida probate take?
For a clean, uncontested formal administration, expect roughly six months to a year, driven largely by that three-month creditor window plus the time to value assets and file returns. Summary administration can wrap up in a matter of weeks to a couple of months. Contested estates, missing heirs, hard-to-value businesses, or litigation can stretch on for years. Anyone who promises you a fixed, fast timeline before reviewing the estate is guessing.
Common mistakes that slow Florida probate down
- Naming an ineligible personal representative — an out-of-state non-relative simply cannot serve, and discovering this after filing wastes weeks.
- Failing to deposit the will within ten days — a statutory obligation that, ignored, invites suspicion and delay.
- Distributing assets before the creditor period closes — a personal favorite of mine to prevent, because the representative can be held personally liable.
- Forgetting homestead and exemption claims — leaving money and protection on the table.
- Treating a no-will estate as hopeless — intestate estates are entirely administrable; they just follow the statute’s plan instead of the family’s.
When to bring in a probate attorney
Florida requires counsel for nearly all formal administrations, and frankly, even summary cases benefit from a careful eye. The value of a lawyer is less about filling in forms and more about strategy: choosing the right administration track, protecting homestead, handling creditor claims, and heading off disputes before they harden into litigation. Our firm focuses on probate for Palm Beach families, including the intestate estates that catch so many people off guard. You can read more about our , review what to do when an estate has no will, or learn how a properly drafted will can spare your own family this entire process.
If part of the estate, real estate, accounts, or a dispute, reaches into New York, we also coordinate with counsel who handle the so nothing falls through the cracks between states. When you are ready to talk it through, reach out for a consultation and we will map out exactly which steps your situation requires.
Frequently Asked Questions
How long does probate take in Florida?
A clean, uncontested formal administration usually takes about six months to a year, largely because creditors have a three-month window to file claims and the estate cannot close until it runs. Summary administration for smaller estates can finish in weeks to a couple of months. Contested estates or those with hard-to-value or out-of-state assets can take years.
What happens if someone dies without a will in Florida?
The estate is distributed under Florida’s intestate succession statutes (Sections 732.101 to 732.111). A surviving spouse generally inherits everything if all children are shared, but the spouse and children split the estate when there are children from another relationship. With no spouse, assets pass to descendants, then parents, then siblings. Probate still proceeds; the statute simply supplies the distribution plan.
Do all assets have to go through probate in Florida?
No. Assets that transfer by operation of law, jointly owned property with rights of survivorship, accounts with valid pay-on-death or transfer-on-death beneficiaries, and most life insurance and retirement accounts with named beneficiaries, pass outside probate. Only property titled in the decedent’s sole name with no built-in transfer mechanism goes through the court process.
Who can serve as personal representative in Florida?
Under Sections 733.302 to 733.304, an individual must either be a Florida resident or, if living out of state, a close relative such as a spouse, child, parent, or sibling. A non-relative who lives outside Florida is not eligible. Florida-authorized banks and trust companies may also serve. The court issues Letters of Administration to the appointed representative.
What is the difference between formal and summary administration?
Formal administration is the full process and is required when the non-exempt probate estate exceeds $75,000 and the death occurred within the last two years; it appoints a personal representative who receives Letters of Administration. Summary administration (Section 735.201) is a faster, lighter procedure available when the non-exempt estate is $75,000 or less, or when the person has been dead more than two years; the court distributes assets directly without appointing a representative.
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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 .
