Learn how probate works in Florida, including steps and ways to avoid it. Gain clear guidance on what to expect and how our Florida probate attorney can assist you.
What Happens to a Loved One’s Property after Death?
Losing someone is difficult, and dealing with legal matters afterward can make it even more challenging. In Florida, if the person who passed owned property or accounts in their name alone, you’ll likely need to go through probate.
Probate is the court process for identifying, managing, and distributing a deceased person’s assets, as well as paying off any debts. It can feel uneasy, but understanding how it works in Florida can make a difficult time a little easier.
Let’s start with the basics.
What Is Probate in Florida?
Probate is the legal process of settling someone’s financial affairs after they pass away. In Florida, it’s handled through the local circuit court in the county where the person lived.
The main goals of probate are to:
- Validate the deceased person’s will (if there is one)
- Appoint a personal representative (also known as an executor)
- Identify and gather the person’s assets
- Pay any valid debts and taxes
- Distribute what’s left to heirs or beneficiaries
If your loved one had a properly funded trust or jointly owned all their property, probate may not be necessary. But if they had accounts, real estate, or other assets in their name alone, then Florida law likely requires probate to transfer those assets legally.
When Is Probate Required in Florida?
In Florida, probate is typically required if:
- The deceased person owned real estate or other assets in their name alone
- There’s no designated beneficiary listed on a bank account, retirement plan, or life insurance policy
- The person didn’t set up a trust or transfer ownership before passing
Here are some examples of when you’d need to go through probate:
- A single person who owned a home in their name only
- A parent who had a bank account without any joint owners or named beneficiaries
- A spouse who didn’t list anyone on their investment accounts
Now, here’s the good news: some assets are non-probate, meaning they automatically pass to someone else. That includes:
- Jointly owned property with survivorship rights
- Assets in a revocable living trust
- Payable-on-death (POD) or transfer-on-death (TOD) accounts
- Life insurance or retirement accounts with a named beneficiary
If your loved one’s assets were properly structured, probate might not be needed at all. But if there’s uncertainty, it’s wise to speak with our probate attorney.
Types of Probate in Florida
Not all probate is the same. Florida offers three different types of probate administration, depending on the size and circumstances of the estate. Here’s how they break down:
- Formal Administration
This is the standard and most common form of probate in Florida. It applies when:
- The estate is worth more than $75,000, or
- The person died less than two years ago
In formal probate:
- The court officially appoints a personal representative (executor)
- That person is responsible for inventorying assets, notifying creditors, and distributing property
- The court oversees the process closely, ensuring everything is done by the book
If there’s a will, the court validates it. If there’s no will, the estate is distributed according to Florida’s intestacy laws (which determine who inherits when there’s no written plan).
- Summary Administration
This is a faster, simplified option for smaller estates. It can be used when:
- The estate’s total value is $75,000 or less, or
- The person has been deceased for more than two years
Summary administration doesn’t require appointing a personal representative, and it involves fewer court filings. It’s a great option for low-value estates that aren’t weighed down by debt.
- Disposition Without Administration
This is the least common and most limited option. It only applies when:
- The person’s estate consists solely of exempt personal property, and
- The person’s assets are needed only to pay final expenses, like funeral costs
No formal probate is required, and the process is handled through a simple court petition.
Knowing which type of probate applies can save your family time, money, and stress. An experienced probate attorney can evaluate the estate and recommend the most efficient path.
Step-by-Step: Florida Probate Process
Here’s a look at the seven major steps involved in Florida’s formal probate process:
- File a Petition for Administration
The probate process begins when someone (usually a spouse, child, or other heir) files a petition with the circuit court in the county where the decedent lived. This petition asks the court to:
- Open the estate
- Appoint a personal representative
If there’s a will, it’s filed at the same time for validation.
- Validate the Will
The court reviews the will to ensure it was properly signed and witnessed under Florida law. If everything checks out, the will is admitted to probate. If not — or if there’s no will — the estate proceeds under intestate succession rules.
- Notify Beneficiaries and Creditors
Once the court appoints the personal representative:
- They must notify all known beneficiaries and interested parties
- They must also publish a Notice to Creditors in a local newspaper, giving any creditors 90 days to file a claim
This step ensures that debts and claims are identified early in the process.
- Inventory the Estate
The personal representative must:
- Identify all probate assets
- Collect them, safeguard them, and determine their value
- File an official inventory report with the court
Assets may include real estate, vehicles, bank accounts, stocks, or personal property, but only those not jointly owned or held in trust.
- Pay Valid Debts and Taxes
Once claims are filed, the personal representative must:
- Review and approve or dispute creditor claims
- Pay all valid debts, including:
- Funeral expenses
- Credit card bills
- Medical debts
- Court costs
- If necessary, liquidate assets to cover these payments
They’ll also check for any estate taxes (although most Florida estates are not large enough to trigger federal estate tax).
- Distribute Remaining Assets
After debts are paid, the rest of the estate is distributed:
- According to the will, or
- According to Florida’s intestacy statute (if no will exists)
If disputes arise (e.g., over who gets what), they may delay distribution and require court intervention.
- Close the Estate
Finally, the personal representative files:
- A final accounting showing what was collected, paid, and distributed
- A petition for discharge, asking the court to close the estate and release them from liability
Remember, Florida probate involves court filings, creditor notices, and careful asset management — it’s a legal and financial responsibility that must be done properly.
How Long Does Probate Take in Florida?
Probate in Florida can take anywhere from a few months to over a year, depending on the estate and whether there are disputes.
- Summary administration: 1–3 months
- Formal administration: 6–12 months
- Contested or complex cases: 18+ months
Delays often happen due to family disputes, unclear wills, missing assets, creditor claims, or property that needs to be sold. If you’re dealing with any of these, having a probate attorney can help speed things up and prevent costly mistakes.
Can You Avoid Probate in Florida?
Yes — in many cases, probate can be avoided with the right planning. Florida law allows individuals to structure their assets in ways that bypass the probate court entirely, which can save their families time, money, and stress.
Here are the most common strategies for avoiding probate in Florida:
- Revocable Living Trusts
By transferring ownership of assets into a living trust, those assets no longer pass through probate. Instead, the successor trustee you name can manage and distribute your property directly to beneficiaries after your death, without court involvement.
- Joint Ownership with Right of Survivorship
Property owned jointly, such as a home titled as “joint tenants with rights of survivorship,” automatically passes to the surviving owner when one dies.
- Payable-on-Death (POD) or Transfer-on-Death (TOD) Designations
Bank accounts, brokerage accounts, and retirement plans can include a POD or TOD beneficiary. These designations ensure the funds pass directly to the named person without probate.
- Enhanced Life Estate Deed (Lady Bird Deed)
This special Florida deed allows you to retain control of your property during your life, but automatically transfers it to a named beneficiary upon your death, avoiding probate.
Did You Know? Many families could avoid probate entirely with basic planning, but only if steps are taken before death. After someone passes, probate may be unavoidable.
Facing the Florida Probate Process? You Don’t Have to Do It Alone
If you’ve lost a loved one and need to handle their estate, the Florida probate process can feel uncertain. You may be wondering if probate is required, which type applies, or how to move forward legally.
We help families across Florida with every part of probate administration—from court filings to asset distribution—so nothing gets missed and you can focus on what matters most.
If you need guidance with probate in Florida, schedule a consultation with our probate attorney today.
