Planning for the future and managing a loved one’s estate requires trusted legal guidance. The Gaines Firm provides comprehensive services through an experienced probate & estate planning lawyer who serves clients throughout Florida. From wills and trusts to probate proceedings, we’re here to help. Call (561) 366-2713 today to schedule your free consultation.
How the Probate Process Works in Florida and What Families Should Know
When someone passes away in Florida, their assets and estate often go through a legal process called probate. This process helps ensure the person’s property is distributed according to their will or, if there is no will, in line with state law. For many families, this process can feel overwhelming, especially during a time of grief. Understanding what to expect can make the experience more manageable and help prevent avoidable delays or confusion.
Overview of probate in Florida
Probate is a court-supervised process that settles a deceased person’s financial and legal affairs. It involves identifying and collecting assets, paying off debts and taxes, and distributing what remains to beneficiaries or heirs. If the person had a will, the court will validate it and follow the instructions it contains. If there was no will, Florida’s intestate succession laws will determine who inherits the estate.
There are three main types of probate administration in Florida:
- Formal administration – The most common type, used for larger or more complex estates.
- Summary administration – A quicker option available for smaller estates valued under $75,000 or when the person has been deceased for more than two years.
- Disposition without administration – Used only in very limited cases when the only assets are exempt from probate or used to pay for funeral expenses.
Each type follows different procedures, but they share common elements that help resolve the estate.
Starting the probate process
The first step in any probate proceeding is to file a petition with the probate court in the county where the deceased person lived. This is usually done by the person named as the personal representative in the will. If there is no will, the court will appoint someone—typically a close family member—to act in this role.
Once the court receives the petition, it issues Letters of Administration. These legal documents give the personal representative authority to act on behalf of the estate. This includes handling financial matters, accessing accounts, and distributing property.
Duties of the personal representative
The personal representative plays a critical role throughout the probate process. Their responsibilities are broad and must be carried out with care and accuracy. These include:
- Notifying beneficiaries and heirs about the probate proceedings
- Locating and securing all assets, including real estate, bank accounts, investments, and personal property
- Opening a separate estate bank account
- Publishing a notice to creditors in a local newspaper and directly notifying known creditors
- Reviewing and paying valid debts and taxes
- Keeping detailed records of all estate activity
- Filing required paperwork with the court
- Distributing assets to beneficiaries once the court approves
This role can become time-consuming and requires a strong understanding of legal and financial matters. In most cases, it’s recommended that the personal representative work with an attorney to ensure everything is handled properly.
What assets go through probate
Not every asset owned by the deceased goes through probate. Some types of property can pass to heirs automatically without court involvement. These include:
- Property held in joint tenancy or with rights of survivorship
- Accounts or policies with named beneficiaries, such as life insurance or retirement accounts
- Assets held in a living trust
- Payable-on-death or transfer-on-death accounts
The personal representative must determine which assets are probate and which are not. Failing to do this correctly can lead to delays or legal complications.
Notifying creditors and paying debts
One key part of the probate process is resolving any outstanding debts. Florida law requires the personal representative to publish a notice to creditors for a set period, usually 30 days. Creditors then have 90 days to file claims against the estate.
If valid claims are made, the personal representative must pay them using estate funds. This includes medical bills, credit card debt, funeral expenses, and taxes. If the estate does not have enough assets to cover all debts, Florida law determines the order in which creditors are paid.
Beneficiaries may not receive their inheritance until debts are settled. That’s why it’s important to handle this step early and accurately.
Distributing assets to beneficiaries
Once debts and taxes are handled, the final step is distributing the remaining assets. If the deceased left a valid will, the personal representative must follow its instructions. If there is no will, Florida’s intestate succession laws will determine who inherits what.
For example, if the person was married with children, the spouse may receive a large portion of the estate. If the person was single with no children, their assets may go to parents, siblings, or other relatives.
After the distribution is complete and the court approves the final accounting, the estate can be officially closed.
How Long the Process Takes
In Florida, probate can take anywhere from a few months to over a year depending on the complexity of the estate. Summary administration can be completed faster, often within a few weeks. Formal administration takes longer, especially if there are disputes, large assets, or complicated debts.
Delays can also occur if someone contests the will, if a personal representative is not acting properly, or if the court needs more time to review documents. Working with an experienced probate attorney can help minimize these issues and keep the process moving.
Why legal guidance matters
Probate law can be complicated. There are deadlines, forms, and rules that must be followed. A mistake can lead to court sanctions or personal liability for the representative. That’s why many families turn to probate attorneys for help.
A lawyer can guide the personal representative through each step, answer legal questions, and handle court filings. In contested cases, they can represent the estate in court. Most importantly, an attorney helps ensure the estate is handled lawfully and efficiently.
Plan for the Future with a Probate & Estate Planning Attorney
Proper estate planning and guidance through probate can make all the difference for your family’s future. The Gaines Firm is here to assist as your trusted probate & estate planning attorney in Florida. From drafting wills to navigating complex estates, we’re here to help. Call (561) 366-2713 today to schedule your free consultation.