What Is the Probate of a Will in Florida? A Complete Guide
Probate of a Will in Florida is a legal process that ensures the wishes of a deceased individual, known as the testator, are honored through court-supervised administration of the decedent’s estate. This article explains what probate of a will entails under Florida probate law, why it matters, and how a qualified Florida Probate Attorney can help you navigate it.
When someone dies in Florida leaving behind a valid will and probate assets, the will must be filed with the clerk of the circuit court in the county where the decedent resided. However, simply having a will does not automatically transfer ownership of assets. Instead, the probate court must verify the document’s authenticity and appoint a personal representative to carry out the administration of the decedent’s estate.
The probate of a will in Florida involves a strict legal process governed by both the Florida Probate Code and the Florida Probate Rules. Understanding these requirements is essential for ensuring the lawful distribution of assets, avoiding probate delays, and minimizing disputes among beneficiaries or heirs.
Whether you’re facing the full probate administration process or seeking to avoid probate in future planning, this guide offers practical, statute-based insight into every step—from filing the will to closing the estate.
Common Misconception: A Will Automatically Transfers Assets in Florida
One of the most common misconceptions under Florida probate law is the belief that simply having a will means your assets transfer immediately upon death. That is false. In Florida, a will does not operate as a deed or title. Instead, it must be formally deposited and admitted to probate before it has any legal effect.
If a decedent dies owning assets solely in their name—such as real estate, vehicles, or personal property—those assets are considered probate assets and are subject to probate. The court must validate the will and appoint a personal representative through a court-supervised legal process. Only then can the distribution of assets occur in accordance with the testament of the deceased.
Florida law requires strict compliance with both the Florida Statutes—specifically Chapters 731 through 735 of the Florida Probate Code—and the Florida Probate Rules, which are separate from the statutes. The probate rules, as governed by the Florida Supreme Court, provide procedural guidance on how probate proceedings must be conducted, including filing requirements, timelines, notice to interested persons, and judicial oversight.
Depositing the original will with the clerk of the circuit court is not optional. It is a statutory requirement that initiates the legal process of probate administration. Until the probate court validates the will and issues Letters of Administration or an Order of Summary Administration, the will has no authority to transfer title to any assets of the deceased.
In short, a will alone does not transfer ownership. Probate of a will in Florida is mandatory when probate assets exist, and both the Florida probate code and the Florida probate rules must be followed to ensure lawful distribution.
Understanding the Probate of a Will in Florida
Probate of a Will is the legal process by which the Florida probate court validates a deceased person’s last will and testament. In simple terms, probate ensures that estate assets are collected, debts are paid, and the remaining estate is properly distributed according to the testator’s wishes.
In Florida, probate is a court-supervised process that begins by filing the will with the clerk of the circuit court in the county where the decedent lived. The court will open a file number and appoint a personal representative (often called an executor in other states) to manage the administration of the decedent’s estate.
The Role of a Florida Probate Attorney in Probate Administration
A Florida Probate Attorney plays a crucial role in probate administration. Florida probate law requires that most personal representatives be represented by a licensed Florida attorney throughout the legal process.
Responsibilities Include:
- Filing the will and initiating probate
- Guiding the personal representative through the administration process
- Ensuring compliance with the Florida probate code
- Advising on probate costs and timelines
- Assisting with the distribution of assets to the heirs of the deceased
Because probate of a will in Florida involves detailed legal filings, court procedures, and strict deadlines, having a knowledgeable Florida Probate Attorney on your side can prevent costly mistakes and delays.
What Assets Are Subject to Probate in Florida?
Not all estate assets are subject to probate. Generally, probate assets are those solely owned by the decedent at the time of death and not jointly held or designated as payable-on-death to someone else.
Examples of Probate Assets:
- Real estate titled solely in the decedent’s name
- Bank accounts held solely by the decedent
- Personal property not otherwise transferred
- Vehicles titled in the decedent’s name only
- Life insurance or retirement accounts payable to the decedent’s estate
Assets that are jointly owned with rights of survivorship or have a named beneficiary typically bypass probate. Still, understanding whether something is a probate asset requires professional legal advice under Florida probate law.
Types of Probate Administration in Florida
Florida probate law recognizes two main types of probate administration, plus one alternative process for small estates.
1. Formal Administration
This is the standard court-supervised probate process in Florida. It is required when the decedent’s probate assets exceed $75,000 or when there are complex issues like creditor claims or disputes among heirs.
2. Summary Administration
This is an expedited form of probate allowed under Section 735.201 of the Florida Statutes. Summary administration can be used when:
- The value of the estate is less than $75,000, or
- The decedent has been dead for more than two years
The probate court still oversees the process, but there is no personal representative formally appointed.
3. Disposition of Personal Property Without Administration
This is a non-court-supervised alternative used when the only probate asset consists of personal property (such as household items) and the estate has minimal value. It’s available in limited circumstances under Section 735.301 of the Florida Statutes.
Steps in the Florida Probate Process
Navigating the probate of a will in Florida requires compliance with both statutory mandates and procedural rules. The process is court-supervised, meaning the Florida probate court oversees each stage to ensure proper administration of the decedent’s probate estate. Below are the key steps involved in the probate administration of a will, expanded for clarity and depth.
Filing the Will
The original will must be filed with the clerk of the circuit court in the Florida county where the decedent resided at the time of death. Florida law requires that the custodian of the will deposit the original with the court within 10 days of learning of the decedent’s death. This step initiates the probate process and establishes a file number for the case.
Failure to deposit the will promptly may result in penalties or delay the opening of the estate. Even if probate may not be required (e.g., due to non-probate assets), the will must still be deposited for recordkeeping purposes.
Petition for Administration
Once the will is filed, a petition for administration must be submitted to the probate court. This petition formally requests the opening of probate proceedings and seeks the appointment of a personal representative (Florida’s term for an executor).
The personal representative named in the will is typically granted authority unless they are legally disqualified. The court will review the petition, verify eligibility, and, upon approval, issue Letters of Administration, which empower the representative to act on behalf of the estate.
This step involves providing notices to interested persons and may include a probate hearing if disputes arise over the will’s validity or representative’s qualifications.
Notice to Creditors
After appointment, the personal representative must serve a Notice of Administration to all known beneficiaries and interested parties. Additionally, they must provide formal notice to all known or reasonably ascertainable creditors and publish a notice in a local newspaper to alert unknown creditors, in compliance with Florida probate rules and Chapter 733 of the Florida Statutes.
Creditors have a limited window (generally 3 months from the date of first publication) to file claims. If no claim is made within that period, the debt is typically barred. This notice requirement is critical in protecting the estate from future liability.
Inventory of Assets
The personal representative must prepare and file an official inventory of estate assets, listing all probate assets owned solely by the decedent and providing fair market valuations as of the date of death.
This includes real estate titled only in the decedent’s name, personal property, bank accounts, and any other asset subject to probate. Life insurance or retirement accounts payable to the decedent’s estate are also included.
The inventory must comply with Rule 5.340 of the Florida Probate Rules, and appraisals may be required for certain categories of property. This inventory helps determine the value of the estate and ensures transparency for beneficiaries and the court.
Payment of Debts and Taxes
Once assets are identified, the personal representative is responsible for paying all valid claims, including: Funeral and burial expenses, Outstanding debts, Final income taxes, Federal estate taxes (if applicable), Court-approved administrative expenses Florida has no state estate tax, but large estates may still be subject to federal tax depending on the estate value and whether the estate tax exemption threshold is exceeded. Debts must be paid before any distribution of assets, and failure to follow the proper order of priority under Florida probate law can expose the personal representative to personal liability.
Distribution of Assets
After satisfying all obligations, the remaining estate assets can be distributed to the beneficiaries according to the terms of the will. This process may include the transfer of real property, personal property, business interests, or investment accounts.
Distributions must be clearly documented, and in some cases, court approval may be required before final disbursement. When multiple heirs are involved, particularly where real estate is held as tenants in common, legal issues can arise over how to divide or dispose of property fairly.
If minor beneficiaries are involved or there are contingent interests, a trust or guardianship may need to be established to receive the inheritance.
Closing the Estate
Once all assets have been distributed and debts paid, the personal representative must prepare a final accounting detailing all financial transactions and distributions made during the probate administration. This accounting is submitted to the court and, if approved, leads to the discharge of the personal representative.
The estate is officially closed by court order, terminating the file and ending the legal responsibility of the personal representative.
If disputes arise during this phase—such as allegations of improper accounting or distribution—Florida probate litigation may be necessary to resolve the issues.
Additional Considerations in the Probate Process
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Court and Filing Fees: Every step involves costs that vary by county. The probate process is not free and often requires the support of a Florida Probate Attorney to stay compliant.
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Small Estates: If the estate qualifies for summary administration or disposition of personal property without administration, some steps above may be skipped, but the process must still be approved by the court.
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Bypassing Probate: Assets not owned solely by the decedent—like those with joint ownership or beneficiary designations—typically bypass probate, but must still be evaluated to confirm whether they are truly non-probate assets.
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The Role of the Florida Probate Code and Rules: All actions must follow statutory requirements (e.g., Chapters 731–735) and procedural mandates in the Florida Probate Rules to avoid delays and legal consequences.
Common Questions About the Probate of a Will in Florida
How Long Does Probate Take?
Formal administration usually takes six to twelve months, but contested cases or large estates can take longer. Summary administration can take just a few weeks if uncontested.
What Are the Probate Costs in Florida?
Typical probate costs include:
- Court and filing fees
- Florida attorney fees
- Personal representative compensation
- Accounting and appraisal fees
- Costs for notices and certified copies
These expenses depend on the value of the estate and the complexity of the case.
Is Probate Always Required in Florida?
No. Probate is not always required, especially when the decedent had proper estate planning. Assets that pass by beneficiary designation or joint ownership often avoid probate. Using trusts, lady bird deeds, or payable-on-death accounts can also help bypass probate.
How to Avoid Probate in Florida
Many individuals seek to avoid probate due to the time, expense, and public nature of the process. Here are common ways to avoid or minimize probate:
- Establish a revocable living trust
- Add payable-on-death (POD) or transfer-on-death (TOD) designations to financial accounts
- Hold property jointly with rights of survivorship
- Use life insurance with named beneficiaries
- Utilize enhanced life estate deeds (Lady Bird Deeds)
Working with a Florida attorney ensures these tools are used correctly to avoid probate complications.
What Happens If There Is No Will?
When someone dies intestate (without a will), the Florida probate court follows the Florida probate code to determine how the decedent’s probate estate is distributed. The law favors spouses, children, and other close relatives.
Without a valid will, the probate process still applies, but the decedent’s wishes may not be honored. The court will appoint a personal representative, and the estate will be divided according to the statute, not personal intent.
Tax Considerations in Florida Probate
Florida does not have a state-level estate tax, but federal estate taxes may apply depending on the estate value. For 2025, the federal estate tax exemption is $13.61 million.
While most estates fall below this threshold, it is critical to evaluate the value of the estate and consult a Florida Probate Attorney for estate tax planning, especially when distributing the decedent’s assets from high-value real estate, investment portfolios, or life insurance policies.
Florida Probate Rules and Legal Requirements
Florida probate procedures are governed by two distinct sources of law: the Florida Probate Code and the Florida Probate Rules.
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The Florida Probate Code refers to Chapters 731 through 735 of the Florida Statutes, which define the substantive law governing probate, including the rights of beneficiaries, the powers and duties of the personal representative, and the types of probate administration available.
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The Florida Probate Rules, promulgated by the Florida Supreme Court, provide the procedural framework for how probate cases must be conducted in Florida courts. These rules govern everything from pleadings, service of notice, filing requirements, and hearings, to the administration process itself.
Key Legal Requirements Include:
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Strict filing deadlines and statutory notice procedures
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Establishing legal authority for the personal representative through Letters of Administration
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Timely inventory and valuation of the decedent’s probate assets
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Compliance with court orders and the procedural mandates of the Florida Probate Rules
Failure to comply with either the Florida Probate Code or the Florida Probate Rules can result in significant delays, increased probate costs, and even sanctions by the court. Understanding both the statutory and procedural dimensions is essential for anyone involved in the administration of the decedent’s estate.
Working with a Florida Attorney: Your Best Move
Whether you are a personal representative, beneficiary, or family member, navigating the probate of a will in Florida can be daunting. A Florida Probate Attorney provides essential services, including:
- Clarifying whether assets are probate assets
- Advising on how to avoid probate in future planning
- Handling creditor claims and disputes
- Interpreting the testament of the deceased
- Managing the probate hearing and court process
Conclusion: Get Trusted Legal Help for Florida Probate
The probate of a will in Florida is more than just paperwork—it is a court-supervised legal process with significant implications. Whether dealing with personal property, real estate titled in the decedent’s name, or distributing the decedent’s assets under Florida probate law, every step must be handled with care.
At our firm, a knowledgeable Florida Probate Attorney will guide you through the entire probate administration process. From filing the will to distributing the remaining estate, we make sure every detail complies with the Florida probate code, saving time and avoiding unnecessary stress.
Let us help you through this legal process with clarity and efficiency. Contact us today to speak with an experienced Florida Probate Attorney about your probate needs.
