March 6, 2025
By: Dana M. Fragakis, Esq.
When a loved one passes away, dealing with their estate can feel overwhelming, especially when it involves probate. In Florida, probate is a court-supervised process used to distribute a deceased person’s assets to their beneficiaries and settle any outstanding debts. This article will break down what probate is and outline the probate administration process in Florida to help you better understand what to expect.
What Is Probate?
Probate is the legal process of settling a deceased person’s estate. It ensures that the person’s assets are distributed according to their will, or if there is no will, according to Florida’s intestacy laws. It also ensures that any creditors are paid from the estate before assets are distributed.
In Florida, probate may be necessary if the deceased person owned assets solely in their name, such as bank accounts, real estate, or other valuable property that does not have a designated beneficiary.
The Types of Probate in Florida
Florida recognizes three types of probate administration:
1. Formal Administration
Formal administration is the standard probate process for larger estates or estates with significant complexity. It is typically used when the value of the estate exceeds $75,000 or when the decedent has been deceased for less than two years.
2. Summary Administration
Summary administration is a simpler, expedited process available for smaller estates. It can be used if the value of the estate is $75,000 or less (excluding the value of a homestead property) or if the decedent has been deceased for more than two years.
3. Disposition Without Administration
This is a rare, informal process available for estates with minimal assets, typically when the assets are used to pay final expenses such as funeral costs.
The Probate Administration Process in Florida
The probate process can vary depending on the complexity of the estate, but it generally follows these steps:
1. Filing a Petition for Probate
The process begins when the personal representative (executor) or an interested party files a petition with the probate court in the county where the decedent lived. The petition requests the court to open probate and appoint a personal representative to oversee the estate.
2. Appointment of Personal Representative
Once the court approves the petition, a personal representative is officially appointed. This person is responsible for managing the estate, gathering assets, and ensuring the decedent’s wishes (if stated in a will) are followed.
3. Identifying and Gathering Assets
The personal representative must identify, locate, and take control of the decedent’s assets. This includes real estate, bank accounts, investments, personal property, and any other valuables.
4. Notifying Creditors
The personal representative must notify potential creditors of the probate process and allow them to make claims against the estate. Known creditors are notified directly, while unknown creditors are notified through a public notice in a local newspaper.
5. Paying Debts and Expenses
Before distributing assets to beneficiaries, the personal representative must pay all valid debts, taxes, and expenses associated with the estate, including probate administration costs.
6. Distribution of Assets
Once debts and expenses are settled, the remaining assets are distributed to beneficiaries according to the will. If there is no will, Florida’s intestacy laws determine how assets are divided among heirs.
7. Closing the Estate
After all tasks are completed, the personal representative files a final accounting and petition to close the estate. Once approved by the court, the estate is officially closed.
How Long Does Probate Take in Florida?
The length of the probate process depends on the complexity of the estate and whether disputes arise. Summary administration can take just a few weeks or months, while formal administration can last anywhere from six months to over a year.
Avoiding Probate in Florida
Many people aim to avoid probate to save time and reduce costs. Common strategies include:
- Establishing a living trust
- Designating beneficiaries on financial accounts
- Owning property jointly with rights of survivorship
- Using payable-on-death (POD) or transfer-on-death (TOD) designations
Probate is an essential process that ensures a deceased person’s estate is properly managed and distributed. While it can seem daunting, understanding the steps involved can help make the process smoother.
Whether you’re planning your estate or navigating a loved one’s we can provide valuable guidance and support throughout the process.
Click here to schedule your complimentary 30-minute discussion to get more information and get the probate process started.
This article is a service of Dana M. Fragakis, a Personal Family Lawyer® Firm. We don’t just draft documents; we ensure you make informed and empowered decisions about life and death, for yourself and the people you love. This material was created for educational and informational purposes only and is not intended as ERISA, tax, legal, or investment advice. If you are seeking legal advice specific to your needs, such advice services must be obtained on your own separate from this educational material.