Florida Probate Process Explained: What Families Need to Know
What Is Probate?
Probate is the court-supervised legal process of settling a deceased person’s estate. It involves validating the will (if one exists), identifying and inventorying assets, paying outstanding debts and taxes, and distributing remaining assets to heirs or beneficiaries.
Florida’s Two Types of Probate
Formal Administration is the standard Florida probate process, required when the estate’s non-exempt assets exceed $75,000 or when the decedent has been dead for less than two years. It typically takes 9 to 18 months and involves court hearings, creditor notifications, and detailed accounting.
Summary Administration is a simplified process available when the estate’s non-exempt assets are $75,000 or less, or when the decedent has been dead for more than two years. It is faster and less expensive — often completed in 1 to 3 months.
How Long Does Florida Probate Take?
Formal administration typically takes 9 to 18 months, sometimes longer if the estate is contested or complex. Summary administration typically takes 1 to 3 months. The biggest delays are usually caused by creditor claim periods, court backlogs, missing documents, and disputes among heirs.
The Role of the Personal Representative
The personal representative (what other states call an executor) is appointed by the court to manage the estate during probate. Responsibilities include gathering and protecting estate assets, notifying and paying valid creditors, filing the estate inventory with the court, and distributing assets to beneficiaries.
Do All Assets Go Through Probate?
No. Assets that pass outside of probate include jointly owned property with right of survivorship, accounts with named beneficiaries (life insurance, retirement accounts, POD-designated bank accounts), and assets held in a living trust. Only assets owned solely by the decedent with no beneficiary designation go through probate.
Do You Need a Probate Attorney?
For formal administration, Florida law requires the personal representative to be represented by an attorney. Even for summary administration, having legal guidance can prevent costly mistakes and delays. An experienced probate attorney can guide you through each step.