Probate in Florida: What You Need to Know

​

Probate is the legal process of administering a person’s estate after they pass away. In Florida, this court-supervised process ensures that assets are properly distributed to beneficiaries, debts are addressed, and the decedent’s wishes are carried out according to their will, or, if there is no will, under Florida law.

​

The probate process typically involves identifying and valuing assets, notifying creditors, paying valid debts, and distributing the remaining property to heirs. Depending on the size and complexity of the estate, probate may proceed through one of two primary methods:

​

• Formal Administration – The most common type, used for larger or more complex estates

• Summary Administration – A simplified process available for smaller estates or when the decedent has been deceased for more than two years

​​

While probate can feel overwhelming, having experienced legal guidance can help ensure the process is handled efficiently and in compliance with Florida law. Whether you are a personal representative or a beneficiary, understanding your rights and responsibilities is essential.

 

​

Frequently Asked Questions (FAQ)

​

What is probate?

​

Probate is the court-supervised process of settling a deceased person’s estate, including distributing assets and paying debts.

​

Is probate required in Florida?

​

Probate is generally required if the deceased owned assets solely in their name. However, many assets can avoid probate with proper planning.

​

How long does probate take in Florida?

​

Most probate cases take 3 to 12 months, although more complex estates or disputes can extend the timeline.

​

Do I need a probate attorney in Florida?

​

In most cases, yes. Florida law typically requires a personal representative to be represented by an attorney, except in limited circumstances.

​

What assets go through probate?

​

Assets titled solely in the decedent’s name without a beneficiary designation—such as real estate, bank accounts, and personal property—usually go through probate.

​

What assets avoid probate?

​

Common non-probate assets include:

​

- Life insurance policies with named beneficiaries

- Retirement accounts (such as IRAs and 401(k)s)

- Jointly owned property with rights of survivorship

- Assets held in a trust

​

What happens if someone dies without a will in Florida?

​

If a person dies without a will, their estate is distributed according to Florida’s intestate succession laws, which prioritize spouses and close family members.

​

What is a personal representative?

​

A personal representative (also called an executor) is the individual appointed to administer the estate, pay debts, and distribute assets.

​

Speak With a Florida Probate Attorney

​

Navigating probate during a difficult time can be challenging. Having knowledgeable legal guidance can help simplify the process and provide peace of mind.

​

Contact us today to schedule a consultation and get the guidance you need to move forward with confidence.