Florida Probate Process: What You Need to Know

Understanding the Florida probate process is critical for families managing a loved one’s deceased estate. Whether there is a valid will or not, navigating probate in the Sunshine State can be complex without professional guidance. This comprehensive guide from an experienced Florida probate attorney walks you through every aspect of the probate process in Florida, from filing to final distribution, and addresses common questions like: “what is the probate process in Florida?” and “how long does the probate process take in Florida?”

What Is the Probate Process in Florida?

The Florida probate process is a court-supervised procedure for identifying and gathering the assets of a deceased estate, paying the decedent’s debts, and distributing the remaining assets to beneficiaries. Administered through the probate court in Florida, this process ensures the lawful transfer of property according to the decedent’s will or state intestacy laws.

Probate validates the will (if there is one), appoints a personal representative (executor), notifies creditors, and oversees the payment of debts and taxes before distributing assets. An experienced Florida probate attorney helps simplify this often complex legal process, especially when multiple heirs, disputes, or high-value estates are involved.

When Is Probate Required in Florida?

The Florida probate process becomes necessary when the decedent owned assets solely in their name at the time of death. These assets do not automatically transfer by operation of law and must be administered through the probate court in Florida to ensure they are distributed according to a valid will or Florida’s intestate succession laws. Typical assets that trigger probate include individually titled real estate, bank accounts without a payable-on-death beneficiary, investment accounts, vehicles, and certain business interests.

Even if the decedent left a valid will, probate is still usually required to carry out the terms of that will and formally pass ownership of assets to beneficiaries. A will, by itself, does not transfer title. Until the court validates the will and appoints a personal representative, no one has legal authority to act on behalf of the estate.

There are two primary scenarios in which the probate process in Florida is initiated:

• Testate estates: These occur when the deceased left a valid will. The will typically nominates a personal representative and directs the distribution of assets. However, the will must still be admitted to probate for its provisions to be enforceable.
• Intestate estates: These occur when the deceased died without a will. This situation is particularly relevant when discussing the probate process in Florida without a will. In such cases, the Florida probate court applies state intestacy laws to determine heirs and guide the distribution of the estate. Spouses, children, parents, or even more distant relatives may inherit, depending on the family structure.

It is important to note that certain assets can bypass the Florida probate process entirely. These include assets held in a revocable living trust, jointly owned property with right of survivorship, and accounts with named beneficiaries. However, when assets fall outside of these categories and are owned solely by the decedent, probate is generally unavoidable.

Working with a qualified Florida probate attorney is the best way to evaluate whether probate is required and which form of administration (formal or summary) applies. They can also help identify any non-probate assets and structure the process to minimize costs, delays, and disputes.

Types of Probate in Florida

Understanding the two primary types of probate proceedings is essential to navigating the Florida probate process efficiently. Whether you are dealing with a complex estate or a modest one, the right type of probate can reduce delays, minimize expenses, and prevent legal complications. The two most commonly used methods in the probate process in Florida are Formal Administration and Summary Administration. Each has distinct procedural steps, eligibility criteria, and implications for heirs and creditors.

1. Formal Administration

Formal administration is the standard probate procedure in Florida and is required when the value of the estate exceeds $75,000 or when there are unresolved debts, disputes among beneficiaries, or complex assets such as businesses or out-of-state property.

This comprehensive process is initiated by filing a Petition for Administration in the probate court in Florida. Once accepted, the court appoints a personal representative (also called an executor) to oversee the estate’s administration. This representative is given authority through official Letters of Administration, empowering them to act on behalf of the deceased estate.

Tasks commonly performed during formal administration include:

• Filing the original will (if any) with the court

• Locating and securing all estate assets

• Notifying known creditors and publishing notice to unknown creditors

• Inventorying and appraising estate property

• Paying legitimate debts and taxes

• Managing disputes among heirs or beneficiaries

• Distributing remaining assets according to the will or intestate succession laws

Because of the complexity and legal requirements, families are strongly advised to work with an experienced Florida probate attorney. Legal counsel ensures all documents are properly filed, deadlines are met, and court requirements are fulfilled, reducing the risk of costly errors or litigation.

While formal administration can be more time-consuming and may incur a higher probate cost in Florida, it provides a structured, court-supervised process ideal for estates with complications, creditor claims, or contested wills.

2. Summary Administration

Summary administration is a simplified form of probate available to smaller estates or when more than two years have passed since the date of death. This type of Florida probate process is much faster and less expensive than formal administration and is especially appealing to families seeking a quick resolution.

To qualify for summary administration, one of the following must apply:

• The value of the estate subject to probate (excluding exempt property) is less than $75,000, or

• The decedent passed away more than two years ago

In a summary administration, no personal representative is appointed. Instead, a petitioner (usually a surviving spouse or heir) files a petition asking the court to issue an Order of Summary Administration in Florida. If approved, the court directs the immediate distribution of assets to beneficiaries.

The benefits of summary administration include:

• Significantly reduced court involvement

• No requirement for ongoing reports or inventories

• Lower legal fees and costs

• Quicker resolution—often in as little as four to six weeks

However, summary administration is not suitable if the estate has significant debts. Florida law requires that provision be made for creditor claims before the court will issue the final order. This means creditors must either be paid in full or have agreed to settle, which can limit the use of this option.

Working with a knowledgeable Florida probate attorney can help determine whether summary administration is appropriate and ensure all paperwork is properly submitted. This can save the estate time and money while still fulfilling all legal requirements under the probate process in Florida.

Whether your situation calls for formal or summary administration, having the right legal guidance from a skilled Florida estate lawyer can make all the difference in successfully completing the Florida probate process.

How to Start the Probate Process in Florida

Starting the probate process in Florida involves several critical steps:

1. Locate the will: If available, the original will must be filed with the court in the county where the decedent resided.
2. Hire a Florida probate attorney: Legal counsel helps prepare and file necessary documents.
3. File a Petition for Administration: This formal request starts the probate case.
4. Appoint a personal representative: The court issues Letters of Administration to authorize the personal representative.
5. Notify beneficiaries and creditors: Required under Florida law.
6. Inventory and appraise assets
7. Pay debts and taxes
8. Distribute remaining assets

This structured process provides clarity to heirs and protects the estate from legal disputes.

Ancillary Administration in Florida

In situations where a nonresident of Florida dies leaving behind property, liens, or credits within the state, ancillary administration becomes necessary. This specialized form of probate ensures that Florida-based assets are properly administered according to state law, even if the primary probate is occurring elsewhere. Ancillary administration is a key component of the broader Florida probate process and is especially common when the decedent owned real estate, bank accounts, or business interests in Florida but lived out of state.

Under Florida Statutes §734.102, a personal representative named in the nonresident’s will specifically for Florida property can apply for ancillary letters of administration, provided they are qualified to act in Florida. If that individual is not qualified, the foreign personal representative from the domiciliary (primary) estate can be appointed, or an alternate or successor named in the will may qualify. If no suitable personal representative is named, those holding a majority interest in the Florida property can select a qualified individual. In intestate cases, Florida’s standard order of preference for personal representatives applies.

To begin ancillary proceedings, the petitioner must follow procedures outlined in the Florida Probate Rules. If the nonresident’s will and any codicils meet Florida’s execution standards, the court will admit them to probate. This process mirrors formal administration in many respects, including the requirement for the ancillary personal representative to post a bond.

The ancillary personal representative has the same rights and responsibilities as any other representative handling an estate in Florida. This includes the authority to manage and settle estate affairs, liquidate or lease property, and raise funds necessary to pay claims and distributions in the domiciliary jurisdiction. However, any property may not be used to satisfy debts or claims that are already barred under Florida law.

Unless claims are already barred under Florida Statutes §733.710, the ancillary personal representative must publish and serve a notice to creditors according to Chapter 733. Any claims not filed in accordance with Florida’s statutory deadlines will be barred under §733.702.

After resolving all creditor claims and administration expenses, the probate court in Florida may order the remaining assets to be transferred to the domiciliary personal representative or distributed directly to the beneficiaries. An experienced Florida probate attorney is essential in these cases to ensure all statutory requirements are met and to prevent delays that can result from multi-jurisdictional probate complications.

If you are managing a nonresident’s estate that includes Florida-based assets, understanding how ancillary administration fits into the overall probate process in Florida is critical. From transferring real estate to resolving creditor claims, your attorney will guide you through the legal obligations while minimizing probate cost in Florida and ensuring proper compliance with all governing statutes.

How Long Does the Probate Process Take in Florida?

One of the most common questions is “how long does the probate process take in Florida?” The answer depends on the type of administration, the complexity of the estate, and whether any disputes arise.

• Summary administration: 1 to 3 months
• Formal administration: 6 to 12 months
• Contested estates: 1 to 2 years or more

Delays can occur due to litigation, difficulty locating heirs, or claims from creditors. An experienced Florida probate attorney can minimize delays and streamline case progression.

Probate Process in Florida Without a Will

When a person dies intestate, meaning without a valid will, the probate process in Florida without a will still applies. In these cases, the Florida Probate Code governs who inherits the decedent’s property through a legal framework called intestate succession. The absence of a will often creates confusion and disputes among surviving family members, making it even more important to work with an experienced Florida probate attorney to navigate the process.

In the absence of a will, the court appoints a personal representative to administer the estate. This individual is responsible for identifying and collecting assets, paying debts and taxes, and distributing the remaining assets in accordance with Florida’s intestate succession statutes. The estate must still go through the Florida probate process, unless all assets are non-probate—such as jointly held property with rights of survivorship, life insurance with named beneficiaries, or assets in a trust.

Spouse’s Share of the Intestate Estate

Under Florida Statute §732.102, the surviving spouse is entitled to a portion of the estate, but the amount depends on whether the decedent has living descendants and how they are related to the surviving spouse:

1. If there are no descendants of the decedent, the surviving spouse receives the entire intestate estate.
2. If all of the decedent’s descendants are also the descendants of the surviving spouse, and the spouse has no other descendants from previous relationships, the surviving spouse again inherits the entire estate.
3. If the decedent has descendants who are not also descendants of the surviving spouse (e.g., from a prior marriage), the surviving spouse is entitled to one-half of the intestate estate.
4. If the decedent and the surviving spouse share descendants, but the spouse also has descendants from outside the marriage, then the surviving spouse receives one-half of the estate.

These rules ensure that the decedent’s children and spouse are both considered when distributing the estate, but they also make clear that the surviving spouse does not automatically inherit everything in blended families.

Share of Other Heirs

If a portion of the estate remains after distributing the surviving spouse’s share—or if there is no surviving spouse—Florida Statute §732.103 outlines how the remainder is distributed:

1. To the decedent’s descendants, such as children and grandchildren, using a system called per stirpes distribution (Fla. Stat. §732.104), which means each branch of the family receives an equal share.
2. If there are no descendants, the estate passes equally to the decedent’s parents, or to the surviving parent.
3. If no parents are alive, the estate passes to the decedent’s siblings and the descendants of deceased siblings.
4. If there are no siblings or their descendants, the estate is divided into halves and distributed to the paternal and maternal grandparents, or their descendants, such as aunts, uncles, and cousins.
5. If one side of the family has no surviving relatives, the other side receives the full estate.
6. If no eligible family members exist, the estate may pass to the family of the decedent’s predeceased spouse, as if the spouse had outlived the decedent and died intestate.
7. In very rare cases, including Holocaust-era property, the estate may pass to descendants of the decedent’s great-grandparents under Fla. Stat. §732.103(6).

This statutory structure is designed to provide logical, hierarchical asset distribution in the absence of testamentary direction. However, the result often conflicts with what the decedent might have intended, highlighting the importance of proactive estate planning.

Duties of a Personal Representative

The personal representative (PR) plays a critical role in the probate process in Florida. Duties include:

• Gathering, managing, and protecting estate assets
• Notifying creditors and beneficiaries
• Filing tax returns and paying obligations
• Distributing remaining assets

Because these duties carry legal liability, most PRs hire a Florida probate attorney to ensure full compliance with Florida statutes and court rules.

Probate Court Florida: Jurisdiction and Process

The probate court in Florida plays a central role in overseeing the administration of a deceased estate. Each probate case is supervised by a circuit court judge assigned to the probate division in the county where the decedent resided at the time of death. If the decedent did not live in Florida but owned property in the state, probate may still be required in the county where the property is located, especially in cases involving ancillary administration.

The Florida probate process begins with the filing of a petition to open the estate. This petition is submitted to the appropriate circuit court, which has jurisdiction to admit the decedent’s will (if any), appoint a personal representative, and issue letters of administration. If the decedent died intestate, the court applies Florida’s intestacy statutes to determine who may serve as personal representative and who inherits the estate.

The primary functions of the probate court in Florida include:

• Admission of wills: The court reviews the will to ensure it was properly executed in compliance with Florida law. If the will is valid, it is admitted to probate and becomes legally binding.
• Appointment of personal representatives: The court appoints a qualified individual to manage the estate. This person is issued Letters of Administration, granting them legal authority to act on behalf of the estate.
• Resolution of creditor claims: Florida probate courts enforce statutory deadlines for filing creditor claims and resolve disputes involving contested claims or insufficient estate assets.
• Asset distribution: The court ensures the final distribution of estate assets is conducted in accordance with the will or, if no will exists, under Florida’s intestate succession statutes.

Probate proceedings vary by county, and each court may have its own procedural rules, filing preferences, and administrative requirements. For example, Miami-Dade, Broward, and Palm Beach counties all operate busy probate divisions with distinct local practices. That’s why it is essential to retain a Florida probate attorney familiar with the local court system. A local attorney understands the clerks, judges, and filing standards, which can streamline your case and avoid unnecessary delays.

In many probate cases, the court also plays a continuing role throughout the administration. This includes:

• Reviewing and approving inventories and accountings
• Handling objections from beneficiaries or creditors
• Authorizing the sale of estate property if necessary
• Entering orders to close the estate once all obligations are met

In cases involving disputes over the validity of a will, claims of undue influence, or contested heirship, the probate court in Florida acts as the trial forum. These are known as adversary proceedings and may involve discovery, witness testimony, and evidentiary hearings. An experienced Florida probate attorney is indispensable in navigating contested proceedings and advocating for your interests in court.

Finally, the probate court’s role is not limited to decedents’ estates. Florida probate judges also handle guardianships, trust disputes, and other related matters under the probate division. This makes the court a cornerstone of Florida’s estate and elder law system.

Whether you are petitioning for summary administration, responding to a creditor claim, or handling a full formal estate, working with a knowledgeable Florida estate lawyer ensures that every aspect of the Florida probate process is managed efficiently, lawfully, and with minimal risk to the estate or its beneficiaries.

Costs Involved in the Florida Probate Process

Understanding the probate cost in Florida is crucial for anyone involved in estate administration. Whether you’re serving as a personal representative or are a beneficiary trying to anticipate your inheritance, the expenses associated with the Florida probate process can significantly impact the estate’s net value. Costs will vary depending on the estate’s value, complexity, type of administration, and whether disputes or creditor issues arise.

Typical expenses associated with the probate process in Florida include:

• Court filing fees: These vary by county but usually range between $400 and $500. Additional fees may apply for petitions, certifications, or motions filed during administration.
• Attorney fees: These are often calculated based on a statutory percentage of the estate’s value as authorized under Florida Statute §733.6171 or may be charged as a flat fee for less complex matters. Hiring a qualified Florida probate attorney ensures compliance, minimizes mistakes, and helps expedite proceedings.
• Personal representative compensation: Personal representatives are entitled to a fee under Florida law. This is typically 3% of the inventory value of the estate, though additional compensation may apply for extraordinary services.
• Accounting and appraisal fees: Professional services for asset valuation, tax preparation, and financial reporting may be necessary, especially in high-value or complex estates.
• Publication of creditor notices: The legal requirement to publish a Notice to Creditors typically costs between $100 and $300 depending on the jurisdiction.

Cost Range Based on Type of Administration

The type of probate administration has a substantial impact on overall cost:

Summary Administration:

For smaller estates or estates where the decedent passed away over two years ago, summary administration is available. This process involves fewer filings, no appointment of a personal representative, and no ongoing court supervision. As a result, the total probate cost in Florida for summary administration generally ranges from $2,500 to $6,000.

Formal Administration:

When estates exceed $75,000 in value or involve creditor claims, litigation, or other complexities, formal administration is required. In these cases, legal fees are higher due to the increased responsibilities and duration of the process. The minimum cost for formal administration handled by a Florida probate attorney typically starts at $5,000, with the total often reaching $10,000 or more, depending on the estate’s size and complexity.

Factors that increase costs in formal administration include:

• Contested wills or disputes between beneficiaries
• Multiple real estate holdings or out-of-state property
• Large numbers of creditors or unresolved debts
• Lack of proper recordkeeping or incomplete asset information
• Business ownership or closely held companies within the estate

How a Florida Probate Attorney Helps Control Costs

Many families worry about the financial burden of probate, especially if the estate is modest. While probate expenses are unavoidable in many cases, hiring an experienced Florida probate attorney can prevent far greater losses. A skilled attorney will:

• Accurately assess the type of administration required
• Prevent delays by ensuring compliance with court procedures
• Minimize disputes by clarifying responsibilities and rights
• Avoid rejected filings that could lead to increased court fees
• Help you identify and value non-probate assets to reduce exposure

In some cases, attorneys offer flat fees for summary administration, which can help families budget for legal expenses. In larger or more complex estates, fee agreements are often tailored based on the needs of the case.

Planning Ahead to Avoid Unnecessary Probate Costs

Although probate is sometimes unavoidable, proper estate planning can significantly reduce the cost of probate in Florida. Setting up a revocable living trust, using beneficiary designations, and titling assets properly can help your estate bypass probate entirely, or at least reduce the size of the probate estate.

The more planning done before death, the more the estate and heirs save in time, money, and stress. Speak with a Florida probate attorney today to explore cost-saving options and ensure your estate plan is complete.

If you’re dealing with a deceased estate and are unsure about your responsibilities or what costs to expect, our office can provide a comprehensive consultation to walk you through the details of the Florida probate process and what it will require based on your unique situation.

Common Disputes in the Florida Probate Process

While many estates proceed through probate with minimal conflict, others become the center of family disputes, legal challenges, and high-stakes litigation. Understanding the types of disputes that commonly arise during the Florida probate process can help personal representatives and beneficiaries prepare for and avoid costly errors. When disagreements escalate, it is crucial to work with a skilled Florida probate litigation attorney who can protect your interests and resolve conflicts efficiently.

The probate court in Florida oversees all contested matters related to the administration of a deceased estate. These disputes can arise from the will itself, the actions of a personal representative, or questions of asset ownership. Common probate disputes include:

Will Contests

One of the most frequently litigated issues in probate involves challenges to the validity of the decedent’s will. Grounds for contesting a will under Florida law include:

• Lack of testamentary capacity
• Undue influence by a caregiver, relative, or other individual
• Forgery or fraud
• Improper execution or witnessing of the will

A Florida probate litigation attorney will investigate these claims thoroughly and represent either the challenger or the proponent of the will in adversary proceedings.

Disputes Over Personal Representatives

Personal representatives hold fiduciary duties to the estate and its beneficiaries. Disputes may arise when a representative is accused of:

• Mismanaging estate assets
• Failing to file required documents or notices
• Favoring one heir over another
• Self-dealing or conflicts of interest

In such cases, beneficiaries may petition the court for the removal and replacement of the personal representative.

Claims by or Against the Estate

During the probate process in Florida, creditors must file claims within a strict statutory window. However, disputes often arise regarding:

• The validity or amount of a creditor claim
• The classification of the debt
• The order of payment

Likewise, the estate may need to initiate legal action to recover funds, enforce contracts, or reclaim wrongfully transferred property. These situations demand experienced litigation counsel.

Disputes Among Heirs or Beneficiaries

Family members may disagree on how assets should be distributed, particularly when the will is vague or when there is no will at all. Common disputes include:

• Conflicting interpretations of the will
• Allegations of unequal treatment or favoritism
• Claims of promised inheritances not reflected in the estate plan
• Challenges to lifetime transfers made by the decedent

When these disagreements turn into formal legal disputes, a Florida probate litigation attorney can intervene to mediate or litigate the matter before the probate court in Florida.

Homestead and Exempt Property Issues

Florida’s homestead laws protect certain real property from creditors and ensure specific rights for surviving spouses and minor children. Disputes may arise over:

• Whether property qualifies as homestead
• The valuation and distribution of exempt property
• Spousal or heir rights under Florida’s homestead provisions

How a Florida Probate Litigation Attorney Can Help

An experienced Florida probate litigation attorney provides critical guidance in contested matters and adversary proceedings. Their services may include:

• Evaluating the strength of claims or defenses
• Filing motions and pleadings
• Representing clients in hearings, mediation, or trial
• Conducting discovery to uncover evidence
• Negotiating favorable settlements to avoid prolonged litigation

In complex or contentious cases, hiring a Florida probate attorney with litigation experience ensures that your interests are safeguarded and that the estate is administered in compliance with Florida law.

Key Takeaways

• Probate disputes can significantly delay or derail estate administration
• Common issues involve will contests, personal representative disputes, and heir disagreements
• Florida law provides structured mechanisms for resolving these conflicts through the probate court in Florida
• Working with a qualified Florida probate litigation attorney is essential to protect your rights and preserve estate assets

When you need more than just probate administration—when you need strategic advocacy and courtroom skill—trust a dedicated Florida estate lawyer to navigate the complexities of probate litigation.

How a Florida Probate Attorney Can Help

Navigating the Florida probate process without professional help is risky. A seasoned Florida probate attorney provides:

• Legal guidance through the full probate lifecycle
• Help filing petitions, responding to creditor claims, and drafting notices
• Asset protection strategies
• Representation in will contests or disputes

A Florida estate lawyer also assists with:

• Summary and formal administration
• Homestead and exempt property claims
• Spousal rights and elective share issues
• Final accounting and distributions

Avoiding Probate in Florida

Not every asset must pass through probate. Proper estate planning allows families to bypass the court system altogether. Strategies include:

• Revocable living trusts
• Joint tenancy with right of survivorship
• Pay-on-death (POD) and transfer-on-death (TOD) accounts
• Designated beneficiaries on retirement accounts and life insurance

Although not all probate can be avoided, using these tools reduces probate exposure and the associated probate cost in Florida.

Common Mistakes in the Probate Process

Even with a will, mistakes can cause delays or legal disputes. Common issues in the Florida probate process include:

• Failing to notify creditors
• Missing filing deadlines
• Mismanagement of estate assets
• Family conflicts and challenges to the will
• Incomplete accountings

A Florida probate attorney ensures compliance with all legal requirements and helps prevent disputes among beneficiaries.

Summary: Florida Probate Process Checklist

Here is a streamlined checklist for managing a deceased estate through probate:

✅ Gather Documents

• Death certificate
• Original will
• Asset records

✅ Contact a Florida Probate Attorney

• Initial consultation
• Determine type of administration (formal or summary)

✅ File with Probate Court Florida

• Petition for administration
• Appointment of PR

✅ Notify Parties

• Beneficiaries
• Known and potential creditors

✅ Manage the Estate

• Inventory and appraise
• Pay debts and expenses

✅ Final Distribution

• File final accounting
• Distribute to heirs
• Close the estate

Why Choose Our Firm as Your Florida Probate Attorney

Our firm offers strategic, compassionate representation for every type of Florida probate process. Whether you’re dealing with a probate process in Florida without a will, a high-value estate, or a family dispute, we bring clarity and confidence to the table.

We handle:

• Summary and formal administration
• Will contests and trust litigation
• Out-of-state executor representation
• Spousal elective share cases
• Homestead proceedings

Clients choose us because we simplify the legal maze, reduce stress, and protect what matters most.

Call a Florida Probate Attorney Today

If you’re facing the loss of a loved one and need help navigating the Florida probate process, our team is here to help. We offer experienced, responsive, and strategic probate representation throughout the state.

Whether you’re asking “what is the probate process in Florida?” or wondering “how long does the probate process take in Florida?” — you don’t need to face it alone.

Contact our office now to schedule your free consultation with a trusted Florida probate attorney.