The Role of the Probate Court in Florida: What It Does and Why It Matters

The probate court in Florida is the division of the state’s circuit court that oversees the transfer of a deceased person’s assets, supervises the people who administer the estate, and resolves disputes among heirs and creditors. It confirms who has legal authority to act for the estate, makes sure debts and taxes are paid, and ensures that whatever is left reaches the right people. When there is no will, the probate court takes on an even larger role, because it must apply Florida’s intestacy laws to decide who inherits and who is put in charge.

I have sat in enough Palm Beach County probate hearings to tell you that most families misunderstand what this court actually is. It is not a courtroom drama. It is, on most days, a careful administrative process run by a judge who is checking that someone with no will left behind ends up treated fairly by the law rather than by whoever moved fastest after the funeral. Below is a plain look at how the probate court functions in Florida, what it controls, and where its authority begins and ends.

What the Florida Probate Court Is

Florida does not have a standalone “probate court” as a separate branch. Probate is a division within each county’s circuit court. In our area, that means the Probate Division of the Fifteenth Judicial Circuit handles Palm Beach County estates. The matters move through a single judge assigned to probate, and the case is filed in the county where the decedent lived at death.

The court’s authority comes from the Florida Probate Code, found in Chapters 731 through 735 of the Florida Statutes, and from the Florida Probate Rules. Those two bodies of law tell the judge what can and cannot happen, what deadlines apply, and what notice must be given before an estate can be closed.

The probate court’s jurisdiction generally covers:

• Determining whether a will is valid, or confirming there is no will at all
• Appointing the person who will administer the estate
• Identifying and protecting the estate’s assets
• Supervising payment of valid debts, taxes, and claims by creditors
• Deciding who inherits and in what shares
• Resolving disputes, including will contests and challenges to an administrator’s conduct
• Authorizing the final distribution and closing the estate

The Probate Judge’s Function

People imagine a judge weighing emotional testimony. In reality, the probate judge spends most of the case acting as a kind of referee and auditor. The judge issues the order that gives an administrator legal power, signs off on important transactions, and steps in only when something is contested or looks wrong.

The judge does not run the estate day to day. That job belongs to the personal representative, which is Florida’s term for what other states call an executor or administrator. The court appoints that person, but the personal representative does the actual work of gathering accounts, selling property if needed, and paying bills. The judge’s role is to confirm the appointment, hold that person accountable, and resolve fights that the family cannot settle on their own.

When a problem reaches the bench, the judge has real teeth. The court can remove a personal representative for mismanagement under Florida Statutes Section 733.504, order an accounting, surcharge someone who misused estate money, and decide who was telling the truth about a contested signature or a missing will.

How the Court Gets Involved: Opening a Probate Case

The probate court’s involvement begins when someone files a petition for administration. Florida recognizes two main paths in formal estates:

1. Formal administration — the standard process for most estates, used when assets exceed the small-estate thresholds or when supervision is needed. The court issues “Letters of Administration,” the document that proves the personal representative’s authority to banks, brokers, and title companies.
2. Summary administration — a faster, lighter process available under Florida Statutes Section 735.201 when the estate’s value subject to probate is $75,000 or less, or when the person has been dead for more than two years. Here the court enters an order distributing assets directly, without appointing a personal representative.

There is also a non-court shortcut called “disposition without administration” for very small estates that consist only of exempt property and final expenses. But the moment a real asset, a creditor dispute, or a family disagreement enters the picture, the probate court becomes the place where it all gets sorted out.

The Court’s Role When There Is No Will

This is where the probate court matters most, and it is the situation we see constantly with Palm Beach families. When someone dies intestate — meaning without a valid will — the court does not get to improvise. It applies Florida’s intestate succession statutes, primarily Florida Statutes Sections 732.101 through 732.103, which set a fixed order of who inherits.

Under those rules, a surviving spouse’s share depends on whether the decedent had children and whether those children belong to both spouses. If there is no spouse, the estate passes to descendants, then parents, then siblings, and outward through the family tree. The court enforces that order whether or not it matches what the family believes the deceased “would have wanted.” That is exactly why these cases turn contentious, and why the role of the judge becomes so visible.

The probate court also decides who runs an intestate estate. With no will, there is no named executor, so Florida Statutes Section 733.301 gives priority first to the surviving spouse, then to the person chosen by a majority of the heirs, then to the heir nearest in degree. When relatives disagree about who should hold that power, the judge resolves it. Many of the New York probate fights we have watched unfold mirror these same pressure points, and the firm’s overview of the tracks closely with what Florida families experience when no will exists.

If you want a deeper look at how leaving a will changes this entire dynamic, our discussion of how a valid will controls your estate shows what the court would otherwise have decided for you.

Protecting Creditors and Resolving Claims

A function families overlook is the probate court’s role as a clearinghouse for debts. Florida law requires the personal representative to notify creditors and publish a notice so unknown creditors have a chance to come forward. Under Florida Statutes Section 733.702, most creditors must file claims within a set window — generally three months after the notice to creditors is first published — or be barred.

The court referees this. It decides whether a claim is valid, whether it was filed on time, and in what order debts get paid when the estate cannot cover everything. This protects heirs from inheriting a mess and protects legitimate creditors from being ignored. It is also one of the quiet benefits of probate: once the claim period closes and the court signs off, beneficiaries generally take their inheritance free of old creditor surprises.

Supervising the Personal Representative

Once appointed, the personal representative owes a fiduciary duty to the estate and its beneficiaries. The probate court is the body that enforces that duty. Throughout the case, the court can require:

• An inventory of estate assets, usually within 60 days of appointment
• Accountings showing money in and money out
• Court approval before unusual transactions, such as selling real estate in some circumstances
• A final accounting and a plan of distribution before the estate closes

If a beneficiary believes the personal representative is hiding assets, paying themselves too much, or simply sitting on the estate, the court is where they go. The judge can compel action, reduce or deny fees, and in serious cases remove the fiduciary entirely. This oversight is the reason probate, for all its delays, gives beneficiaries protection they would not have in an unsupervised handoff.

Disputes the Court Decides

Contested probate is the most public side of the court’s role. When there is a will, beneficiaries may challenge it on grounds like lack of capacity, undue influence, or improper execution. The mechanics of mounting that challenge are nuanced; the firm’s explanation of lays out the same theories Florida courts evaluate, even though the procedural rules differ between states.

In intestate estates, the fights look a little different. Instead of attacking a document, parties argue over who actually qualifies as an heir — whether a person was legally married, whether a child was adopted or born out of wedlock, or whether a supposed common-law relationship counts (Florida does not recognize new common-law marriages). The probate judge holds hearings, weighs evidence, and issues a binding determination of heirs. That order is what allows the estate to finally be distributed.

What the Probate Court Does Not Control

Just as important is what falls outside the court’s reach. Probate only governs assets that pass through the estate. Many assets bypass it entirely:

• Property in a properly funded revocable living trust
• Accounts with valid beneficiary designations, such as life insurance and most retirement accounts
• Bank or brokerage accounts titled “payable on death” or “transfer on death”
• Real estate and accounts held in joint tenancy with right of survivorship

This is why thoughtful planning can shrink or even eliminate probate. For a fuller walkthrough of how an estate moves through the system here, see our overview of the Florida probate process, and if you are weighing options for a Florida estate, Morgan Legal’s can help you map out which path fits your situation.

Why This Matters for Palm Beach Families

The probate court exists to bring order to one of the messiest moments in a family’s life. It confirms authority so banks will cooperate, it forces debts to be settled fairly, it gives heirs a place to be heard, and — when there is no will — it applies a neutral set of rules so the estate is not carved up by whoever shouts loudest. Understanding the court’s role early, ideally before a death, lets you decide how much of your estate you want flowing through that system and how much you want to keep out of it.

If you are facing an intestate estate in Palm Beach County, or you simply want to keep your family out of probate court altogether, speak with a Florida probate attorney before filing anything. The first few decisions in a probate case often shape everything that follows.

Frequently Asked Questions

What does the probate court actually do in Florida?

The Florida probate court, a division of the circuit court, confirms who has authority to administer a deceased person’s estate, supervises payment of debts and taxes, resolves disputes among heirs and creditors, and authorizes the final distribution of assets. When there is no will, it also applies Florida’s intestacy statutes to decide who inherits.

Which court handles probate in Palm Beach County?

Probate is handled by the Probate Division of the Fifteenth Judicial Circuit Court in Palm Beach County. The case is filed in the county where the deceased person lived at the time of death, and a single probate judge oversees it under Chapters 731 to 735 of the Florida Statutes.

What happens in probate court if someone dies without a will in Florida?

When a person dies intestate, the court applies Florida’s intestate succession laws (Florida Statutes Sections 732.101 to 732.103) to determine heirs, and it appoints a personal representative based on the priority order in Section 733.301, typically the surviving spouse first. The court enforces these rules regardless of what the family believes the decedent intended.

Do all assets have to go through the Florida probate court?

No. Probate only governs assets titled in the decedent’s sole name without a beneficiary. Assets in a funded living trust, accounts with payable-on-death or beneficiary designations, life insurance, most retirement accounts, and jointly held property with right of survivorship pass outside probate.

How long does the Florida probate court process take?

A formal administration commonly takes several months to over a year, driven largely by the creditor claim period, which generally runs three months after notice to creditors is published. Summary administration for smaller estates is faster, while contested cases involving will challenges or heir disputes can take significantly longer.