Florida probate is the court-supervised process for settling a deceased person’s estate: validating the will (if there is one), appointing a personal representative, paying valid debts and taxes, and distributing what remains to the rightful beneficiaries or heirs. Most Florida estates move through one of two paths, formal administration or summary administration, under Chapter 733 of the Florida Statutes. For a typical estate with a will and no disputes, the whole thing usually takes six to twelve months from start to finish.
I’ve guided a lot of South Florida families through this, and the part that surprises people most is that probate isn’t one event. It’s a sequence. If you’ve just been named in a will as executor, or a judge is about to appoint you, this overview walks you through what actually happens, in the order it happens, and where the real work falls on your shoulders.
What probate is (and what it is not)
Probate is the legal mechanism that transfers a deceased person’s assets that don’t pass automatically. A house titled only in the decedent’s name, a solo bank account, a brokerage account with no beneficiary listed, a car, that family business interest, all of that is “probate property.” The court’s job is to make sure the right person controls those assets, creditors get a fair shot at payment, and the leftovers reach the people entitled to them.
Here’s the flip side, and it matters: a lot of assets skip probate entirely. Anything held jointly with rights of survivorship, retirement accounts and life insurance with a named beneficiary, “payable on death” bank accounts, and property held in a properly funded living trust all pass outside of probate. So the first real question isn’t “how do I probate everything?” It’s “what’s actually in the probate estate, and what isn’t?”
In Florida, the person Florida calls an “executor” is officially the personal representative. Same role, different name. The personal representative is a fiduciary, which is a polite way of saying you can be held personally liable if you cut corners. That’s why the steps below aren’t optional bureaucracy; they’re your legal protection.
Step 1: Determine which type of Florida probate applies
Before anything is filed, you and your attorney decide which procedure fits. Florida offers a few:
- Formal administration — the standard, full process used for most estates, especially those over $75,000 in non-exempt assets or where the death occurred within the last two years. This is the path that requires an appointed personal representative and the issuance of “Letters of Administration.”
- Summary administration — a faster, lighter procedure available when the value of the probate estate (less exempt property) is $75,000 or less, or when the decedent has been dead more than two years. No personal representative is formally appointed; the court enters an order distributing assets directly.
- Disposition without administration — a rare, very small-estate shortcut for reimbursing final expenses when there are essentially no assets beyond exempt property and funeral costs.
The two-year mark matters because under Florida Statute § 733.710, claims against the estate are generally barred two years after death, which changes the math on creditor exposure considerably.
Step 2: File the will and petition with the circuit court
Florida probate runs through the circuit court in the county where the decedent lived, in the probate division. Whoever holds the original will is legally required to deposit it with the clerk within ten days of learning of the death (Florida Statute § 732.901). Then the petition for administration is filed, asking the court to open the estate and appoint the personal representative.
One thing that trips up out-of-state families: Florida requires almost every formal administration to be handled by a licensed Florida attorney. This isn’t a sales pitch; it’s a procedural rule. The clerk will not let a non-lawyer personal representative navigate a formal administration alone.
If you’re juggling property in more than one state, the rules differ by jurisdiction. New York families dealing with a parallel estate, for instance, should look at how NYC probate and estate administration handles appointment and creditor notice, because the timelines and forms there are not the same as Florida’s.
Step 3: Get appointed and receive Letters of Administration
Once the court is satisfied the will is valid (or that there’s no will and the right heir is petitioning), the judge signs an order appointing the personal representative and issues Letters of Administration. Those Letters are your golden ticket. Without them, banks won’t talk to you, the county won’t recognize your authority over real estate, and brokerages will stonewall you.
Florida sets eligibility rules under § 733.302–733.304. A Florida resident can serve. A non-resident can serve only if they’re closely related to the decedent (spouse, child, sibling, and certain other relatives). A bare friend or business associate who lives out of state generally cannot, which catches people off guard.
The court may also require a bond unless the will waives it. Most well-drafted wills waive bond for the named executor, another reason careful estate planning while you’re alive saves your family money and friction later.
Step 4: Identify, secure, and value the assets
Now the substantive work begins. As personal representative you must:
- Locate and take control of all probate assets, real property, accounts, vehicles, valuables, business interests.
- Secure them, change locks if needed, keep insurance in force on the house, and don’t let anything walk out the door.
- Obtain date-of-death values, often through appraisals for real estate and unique items.
- File an inventory with the court, usually within 60 days of receiving your Letters, listing the estate’s property and values.
This is also when you open an estate bank account, get a separate tax ID (EIN) for the estate, and stop commingling. Never run estate money through your personal account. That single mistake creates more fiduciary headaches than almost anything else I see.
Step 5: Notify and pay creditors
Florida is strict about creditor procedure, and it’s where a careless personal representative gets exposed. You must publish a Notice to Creditors in a local newspaper and serve known or “reasonably ascertainable” creditors directly. Under § 733.702, creditors generally have three months from the first publication (or 30 days from being served, whichever is later) to file a claim.
Once claims come in, you evaluate each one. You pay the valid ones, and you can object to the questionable ones, which forces the creditor to sue within a tight window or lose the claim. Florida also dictates the order of payment under § 733.707, administration costs and funeral expenses first, then taxes, then certain debts, and so on. Pay out of order and shortchange a higher-priority creditor, and the difference can come out of your pocket.
This stage is where disputes most often erupt. Beneficiaries get impatient, a creditor overreaches, or an heir resurfaces. If you want a sense of how these flashpoints develop, this breakdown of the common challenges faced during the probate process is a realistic look at what can go sideways and how to head it off.
Step 6: Handle taxes and final expenses
Florida has no state estate tax and no state inheritance tax, which is a genuine relief for our clients. But the estate may still owe:
- The decedent’s final personal income tax return for the year of death.
- An estate income tax return (Form 1041) if the estate earns income during administration, say, rent or interest.
- A federal estate tax return only for very large estates above the federal exemption, which most estates never reach.
You don’t distribute until you’re confident the tax picture is settled. Distribute too early, run short, and again, the fiduciary is on the hook.
Step 7: Distribute the estate and close it out
Debts paid, taxes addressed, claims resolved, you finally distribute the remaining assets according to the will (or, if there’s no will, according to Florida’s intestacy statute, Chapter 732). You’ll typically prepare a final accounting showing every dollar in and out, deliver it to the beneficiaries, and obtain their receipts or waivers.
Then you petition the court for discharge. The judge’s order discharging the personal representative is what legally ends both the estate and your liability for it. Don’t skip this. An estate that’s “basically done” but never formally closed is a loose end that can be pulled years later.
How long does Florida probate take?
For a clean formal administration with cooperative beneficiaries and no litigation, plan on roughly six months to a year, the creditor period alone eats three months. Summary administration can wrap in a few weeks to a couple of months. Contested estates, missing heirs, real estate that needs to be sold, or messy creditor fights can stretch things well past a year. Honest expectation-setting up front prevents a lot of family frustration later.
If you’re managing assets across state lines, coordinate counsel in each jurisdiction. Our Florida team handles local matters directly through Morgan Legal’s Florida probate practice, and we regularly work alongside out-of-state offices so nothing falls between the cracks.
A few practical tips for personal representatives
- Keep meticulous records. Every receipt, every statement, every distribution. Your final accounting depends on it, and so does your defense if anyone questions you.
- Communicate with beneficiaries early and often. Most probate disputes are really information disputes. Silence breeds suspicion.
- Don’t rush distributions. Generosity before the creditor period closes is the classic rookie mistake.
- Ask before you act on anything irreversible. Selling the house, settling a claim, paying a big bill, loop in counsel first.
Probate is manageable when you respect the sequence and document everything. If you’ve been named personal representative and you’re staring at a stack of unfamiliar paperwork, you don’t have to figure it out alone, reach out to our South Florida probate team and we’ll map out exactly which path fits your situation. You can also learn more about the local process on our Florida probate page.
Frequently Asked Questions
Do I need a lawyer for probate in Florida?
In most cases, yes. Florida law requires formal administration to be handled by a licensed Florida attorney, and the clerk will not allow a non-lawyer personal representative to navigate a formal estate alone. The narrow exceptions are certain summary administrations and disposition without administration where the personal representative is the sole interested party, but even those benefit from legal guidance.
How long does probate take in Florida?
A straightforward formal administration usually takes six to twelve months, in large part because the creditor claim period alone runs three months from the first published notice. Summary administration can be completed in a few weeks to a couple of months. Contested estates, real estate sales, or missing heirs can extend the timeline beyond a year.
What is the difference between formal and summary administration?
Formal administration is the full process used for most estates, particularly those over $75,000 in non-exempt assets or where death occurred within the last two years; it requires an appointed personal representative and Letters of Administration. Summary administration is a faster, lighter procedure available when the probate estate (less exempt property) is $75,000 or less, or when the decedent has been deceased more than two years.
Does every asset have to go through probate in Florida?
No. Assets that pass automatically skip probate entirely, including jointly held property with rights of survivorship, retirement accounts and life insurance with named beneficiaries, payable-on-death accounts, and property held in a properly funded living trust. Only assets titled solely in the decedent’s name without a beneficiary designation typically require probate.
Can a personal representative be held personally liable?
Yes. A personal representative is a fiduciary and can be held personally responsible for mistakes such as paying creditors out of the statutory priority order, distributing assets before debts and taxes are resolved, or commingling estate funds with personal accounts. Keeping careful records, following the statutory sequence, and consulting counsel before irreversible actions are the best protections.
For more on our Florida practice, see our overview of probate in Palm Beach. Morgan Legal Group's affiliated New York office also handles New York probate and estate administration.