What is Probate in Florida?

Probate is the court-supervised legal process through which a deceased person’s assets are identified, managed, and distributed according to Florida law. This process ensures creditors are paid and remaining assets are properly transferred to the rightful beneficiaries or heirs.

The Florida Probate Process Explained

The Florida probate process typically follows these key steps:

1. Filing the Petition

The process begins when an interested party files a petition with the Florida probate court in the county where the deceased person (decedent) had their primary residence. If there’s a will, it must be submitted to the court for validation.

2. Appointment of Personal Representative

The court appoints a personal representative (executor) to administer the estate. This person is typically named in the will or, if there is no will, appointed according to Florida’s intestacy laws.

3. Estate Inventory and Appraisal

The personal representative must identify, gather, and create an inventory of all probate assets. This may include:

• Real property (unless held in joint tenancy or with transfer-on-death provisions)
• Bank accounts without beneficiary designations
• Investments without transfer-on-death provisions
• Personal property and valuables

4. Notification of Creditors

Creditors must be notified of the probate proceeding. In Florida, this includes publishing a notice in a local newspaper and directly notifying known creditors. Creditors typically have 3 months from the publication date to file claims against the estate.

5. Resolving Debts and Taxes

The estate must pay all valid debts, including:

• Final medical expenses
• Outstanding loans and credit card balances
• Funeral costs
• Estate administration expenses
• Federal and state taxes (if applicable)

6. Distribution of Assets

After all debts and taxes are paid, the remaining assets are distributed according to the terms of the will or Florida intestacy laws if no valid will exists.

Types of Probate Administration in Florida

Florida law provides several types of probate administration:

Formal Administration

The standard probate process for estates of any size. This comprehensive process includes court supervision throughout all steps of asset distribution and can take 6-12 months or longer to complete.

Summary Administration

Available for estates valued at $75,000 or less (excluding the value of exempt homestead property) or when the decedent has been deceased for more than two years. This simplified process is faster and less expensive than formal administration.

Disposition Without Administration

A very simplified process available only in limited circumstances for small estates where the deceased left only exempt personal property and non-exempt personal property that doesn’t exceed the value of funeral expenses and final medical expenses.

What Assets Avoid Probate in Florida?

Not all assets go through probate. Assets that typically bypass the probate process include:

• Property held in joint tenancy with right of survivorship
• Assets with designated beneficiaries (life insurance, retirement accounts, transfer-on-death accounts)
• Assets held in trusts
• Homestead property (under certain circumstances)

Common Probate Challenges in Florida

Families may encounter several challenges during the probate process:

• Will contests – Disputes about the validity of a will
• Creditor claims – Disagreements about the validity or amount of creditor claims
• Asset valuation – Disputes regarding the value of estate assets
• Executor conflicts – Disagreements about the personal representative’s actions
• Beneficiary disputes – Conflicts among beneficiaries regarding asset distribution

Florida Probate Laws and Requirements

Florida’s probate laws are governed by Florida Statutes Chapter 731-735, known as the Florida Probate Code. These statutes establish specific requirements for:

• Will execution and validity
• Personal representative qualifications and responsibilities
• Creditor claim procedures
• Asset distribution priorities
• Timeframes for various probate actions

Estate Planning to Minimize Probate

Many Floridians choose to plan their estates to minimize or avoid probate entirely. Common strategies include:

• Living trusts – Transferring assets to a revocable living trust
• Joint ownership – Holding property with right of survivorship
• Beneficiary designations – Naming beneficiaries on financial accounts, retirement plans, and insurance policies
• Lady Bird deeds – Using enhanced life estate deeds for real property

Need Help with Probate?

Understanding Florida’s probate process is the first step in effective estate planning or administration. While this guide provides general information about probate in Florida, every situation is unique.

Complex cases involving disputes, unclear wills, or tax issues often require professional assistance. If you’re facing probate challenges in Tampa, Our Tampa Probate Lawyer can streamline the process, resolve disputes, and protect your rights.