The Florida probate process is the legal procedure used to identify a deceased person’s assets, pay outstanding debts, and distribute property to beneficiaries or heirs. Depending on the estate and whether it meets Florida’s eligibility requirements, probate may proceed through either summary administration or formal administration.
If you have been named as a personal representative or recently lost a loved one, understanding how probate works can help you prepare for what comes next. While every estate is different, the process generally follows a predictable sequence.
Which Type of Probate Applies in Florida?
Florida recognizes two primary types of probate administration.
Summary administration is available when:
- The value of the probate estate, excluding exempt property, does not exceed $150,000 for individuals who died on or after July 1, 2026. For those who died before that date, the previous $75,000 threshold applies, or
- The person has been deceased for more than two years.
Because summary administration generally does not require the appointment of a personal representative, it is often faster and involves fewer court filings than formal administration.
Formal administration is the standard probate process for larger or more complex estates. It is required when an estate does not qualify for summary administration or when circumstances make court supervision appropriate, such as disputes among beneficiaries or the need to manage ongoing estate matters.
Some very small estates may also qualify for Disposition Without Administration, a separate procedure available in limited circumstances. Whether an estate qualifies depends on the type of assets involved and other statutory requirements.
What Are the Steps in Formal Probate?
Most formal probate cases follow the same general process.
1. File the Probate Petition
The process begins by filing a petition with the appropriate Florida probate court. If the deceased left a valid will, the original will is filed with the court along with the petition. The court then reviews the filing and appoints a personal representative to administer the estate.
2. Notify Interested Parties
Once appointed, the personal representative must notify beneficiaries, heirs, and other interested parties that the probate proceeding has begun. This allows eligible individuals to receive information about the estate and assert any legal rights they may have.
3. Identify and Inventory Estate Assets
The personal representative gathers information about the estate’s assets, including real estate, bank accounts, investments, business interests, and personal property. These assets are valued and reported to the court through a formal inventory.
What Does a Florida Personal Representative Do?
A personal representative serves as the legal fiduciary for the estate. That means the individual must act in the best interests of the estate and its beneficiaries throughout the probate process.
Responsibilities often include:
- Locating and safeguarding estate assets
- Maintaining financial records
- Paying valid debts and expenses
- Filing required tax documents
- Communicating with beneficiaries
- Distributing assets according to the will or Florida law
- Closing the estate after administration is complete
Because the role carries legal responsibilities, many personal representatives work closely with a probate attorney throughout the process.
How Are Creditors Paid During Probate?
Florida law requires personal representatives to make reasonable efforts to identify known or reasonably ascertainable creditors. A Notice to Creditors is also published in accordance with Florida probate rules.
Creditors generally have limited time to submit claims against the estate. The personal representative reviews each claim and determines whether it is valid. Valid debts are paid from estate assets before distributions are made to beneficiaries. If a claim is disputed, the probate court may resolve the disagreement.
This process protects both the estate and creditors while helping ensure that assets are distributed only after outstanding obligations have been addressed.
When Are Assets Distributed to Beneficiaries?
After debts, taxes, administrative expenses, and approved creditor claims have been resolved, the remaining assets can be distributed.
If the deceased left a valid will, distributions follow its terms. If there is no will, Florida’s intestacy laws determine who inherits the estate.
Once distributions are complete, the personal representative files the necessary documents to close the probate estate and conclude the administration.
How Long Does Probate Take in Florida?
The length of probate depends on several factors, including the size of the estate, whether disputes arise, and how quickly creditors’ claims are resolved.
Summary administration often concludes within a few weeks to several months, while formal administration commonly takes six months to one year, depending on the size and complexity of the estate.
Although probate cannot always be completed quickly, careful planning and timely administration can help avoid unnecessary delays.
Let Us Help You Through the Florida Probate Process
Serving as a personal representative or settling a loved one’s estate can involve significant legal and financial responsibilities. We help clients understand each stage of Florida probate, prepare the required filings, address creditor claims, and work toward an efficient resolution. If you have questions about formal probate, summary administration, or your responsibilities after a loved one’s passing, contact Verras Law to discuss your situation with our team.