According to the FY 2023-24 Statistical Reference Guide, more than one in five of all circuit court filings in Florida occur in one of our probate courts. However, most people barely know much about this process.

Whether you’re dealing with the loss of a loved one or planning for your family’s future, understanding Florida’s probate system can save you time, money, and stress. So, how does probate work in Florida?

Below is a guide that breaks down everything you need to know about how the probate process works.

Step 1: Filing the Petition

The probate process starts when you file a petition for administration with the local circuit court where the deceased lived. This petition includes:

• The original will (if there is one)
• A death certificate
• An estimate of the estate’s value
• Names and addresses of heirs and beneficiaries

Filing this petition opens the probate case and notifies the court that the estate needs administration.

Step 2: Appointment of the Personal Representative

Once the petition is filed, the probate judge appoints a personal representative or an executor. This person has the authorization to act on behalf of the estate. The personal representative must:

• Locate and manage the estate’s assets
• Pay debts
• Distribute property

Step 3: Inventory and Appraisal of Assets

The executor must identify all probate assets. These may include:

• Real estate
• Investments
• Personal property
• Bank accounts without beneficiary designations

They must file a detailed inventory with the court, often needing appraisals to determine accurate values. The asset appraisal ensures transparency and fairness to all heirs.

Step 4: Notifying Creditors and Paying Debts

Debt.org reports that 73% of Americans are likely to die with debt. Florida law requires the executor to notify known creditors and publish a notice in a local newspaper. Creditors have three months to file claims against the estate.

During this period, the estate must pay valid debts such as:

• Taxes
• Loans
• Medical bills
• Funeral expenses

Properly handling creditor claims will help you avoid future legal disputes. While Florida does not have a state inheritance tax or estate tax for inherited property, you may have to pay federal estate tax for vast estates. You can consult a tax professional and probate lawyer to help you figure out the taxes.

Step 5: Distribution of Remaining Assets

After you settle the debts and taxes, the executor distributes the remaining assets to beneficiaries as outlined in the will. If there is no will, they will share the assets according to Florida’s intestacy laws. The executor must also file a final accounting with the court and request discharge from their duties to close the probate case.

Different Types of Probate in Florida

Probate sorts out your assets after you pass away. Let’s explore the different probate types.

Formal Administration

This is the most common type of probate in Florida. It starts when the court appoints an executor to manage the estate. The process involves standard probate court procedures such as:

• Collecting all assets of the deceased
• Identifying and notifying creditors
• Paying debts, taxes, and expenses
• Distributing the remaining assets to the beneficiaries according to the will or Florida law

If there is a valid will, the court will check it to ensure it follows Florida laws. The executor then carries out the wishes of the deceased. Formal administration works for large and complex estates.

Summary Administration

Summary administration is a faster, simpler probate process. You can use this if:

• The estate’s non-exempt assets are worth less than $75,000
• The person died more than two years ago

With summary administration, there is no need to appoint an executor, but you can hire local probate attorneys to assist you in filing a petition with the court. If it’s approved, the court orders a distribution of the estate’s assets to the heirs or beneficiaries.

Additionally, creditors have a limited time to make claims, about three months after the publication of a public notice. If they don’t, their claims are barred.

Ancillary Administration

If the deceased lived in another state but owned property in Florida-like a vacation home-you may need ancillary administration. This process handles only the Florida assets.

It works together with the main probate case in the other state. Ancillary administration gives legal authority to manage or sell Florida property as part of settling the estate.

How Long Can Probate Take in Florida?

One of the most common questions from families is how long probate takes. The average probate in Florida takes about six to 12 months. This process can be shorter or longer depending on:

• The estate size
• Complexity
• Creditor claims
• Court workload

Hiring local probate attorneys can help you navigate the probate court procedures efficiently. This goes a long way in shortening the timeline.

Estate Planning Guide: How to Avoid Probate

While probate is necessary for many estates, proper estate planning can reduce or eliminate the need for probate. Here are things you can do to avoid the costly probate process:

• Create a revocable living trust to hold assets outside probate
• Hold property jointly with rights of survivorship
• Gift assets during your lifetime
• Name your heirs and beneficiaries on retirement accounts and life insurance policies

Use both a will and a trust for comprehensive estate planning. Choose a pour-over will that automatically transfers assets not already in your trust when you die. This arrangement ensures everything is managed under your trust’s terms.

If you do not have a will or estate plan, you can leave your family vulnerable to probate delays and expenses. A good lawyer will take you through the estate planning guide to help you protect your assets and ease the burden on your loved ones.

How Does Probate Work: Consult Qualified Probate Attorneys in Florida

The probate process can be overwhelming. However, the knowledge of “how does probate work in Florida” empowers you to make better decisions.

Ready to protect your family’s wealth? Look no further than Boyer Law Firm.

What sets our probate attorneys apart is our commitment to transparency and our proven track record of resolving even the most complex probate cases faster than the industry average. We combine deep legal expertise with a tailored approach, offering real-time case updates so you’re always in control.

Contact us today to schedule a consultation.