The Role of the Probate Court in Florida: What It Does and Why It Matters

The probate court in Florida is the division of the circuit court that supervises the transfer of a deceased person’s assets, validates the will (if one exists), and ensures that creditors and heirs are paid in the correct order under the Florida Probate Code. In practical terms, it is the legal forum where a court-appointed personal representative gathers the estate, settles its debts, and distributes what remains to the rightful beneficiaries. Every county in Florida has one, and in Palm Beach County it sits within the Fifteenth Judicial Circuit, just minutes from Boca Raton.

Most people only encounter the probate court once or twice in a lifetime, usually under stress, and usually with a stack of paperwork they didn’t ask for. So it helps to understand what this court actually does, where its authority comes from, and how a smaller estate can often move through it with far less friction than people expect.

What the Florida Probate Court Actually Does

Probate is not a single event. It’s a supervised process, and the court’s job is to oversee that process from the moment a petition is filed until the estate is closed. The judge does not run around collecting bank statements. Instead, the court acts as a referee and a gatekeeper, granting authority, resolving disputes, and signing off on the final accounting.

The court’s core functions break down roughly like this:

• Establishing jurisdiction and venue. Probate is filed in the county where the decedent lived at death. For a Boca Raton resident, that means the Palm Beach County probate division.
• Determining whether a will is valid. The court reviews the document for compliance with Florida’s execution requirements under Florida Statutes §732.502 — proper signing, two witnesses, and the like.
• Appointing the personal representative. This is the person (or institution) granted “Letters of Administration,” the court order that gives legal authority to act for the estate.
• Supervising creditor claims. The court enforces the claims period and decides disputes when a creditor and the estate disagree.
• Approving distribution and discharge. Nothing is final until the judge approves it and discharges the personal representative.

Throughout, the court is guided by Chapters 731 through 735 of the Florida Statutes and the Florida Probate Rules. Those rules are not optional formalities. A missed deadline or an improperly served notice can stall an estate for months.

Where the Probate Court Gets Its Authority

Florida’s probate jurisdiction lives in the circuit courts, not a separate “surrogate’s court” like you’ll find in some other states. (New York, by contrast, channels these matters through the Surrogate’s Court — a structural difference that surprises clients who have handled an estate up north.) Each of Florida’s twenty judicial circuits has judges assigned to the probate division, and they hear everything from uncontested summary administrations to bitterly fought will contests.

The authority itself flows from the Florida Constitution and is fleshed out by statute. When someone dies owning assets in their sole name with no automatic transfer mechanism — no joint owner, no payable-on-death beneficiary, no living trust — those assets are generally “stuck” until the probate court grants someone the legal power to move them. That power is the whole point of the process.

Formal Administration vs. Summary Administration

This is where the size and shape of the estate changes everything, and it’s the part our office spends the most time explaining to families in Boca Raton.

Formal Administration

Formal administration is the full process. It’s required for larger estates and any time a personal representative needs ongoing authority to manage property, sell real estate, or fight over claims. The court issues Letters of Administration, the personal representative serves a Notice to Creditors, and a three-month claims window opens under Florida Statutes §733.701 and §733.702. Formal cases typically run six months to a year, sometimes longer if litigation erupts.

Summary Administration

Summary administration is the streamlined path, and it exists precisely so that smaller estates don’t have to bear the cost and delay of the full machinery. Under Florida Statutes §735.201, an estate may qualify for summary administration when either:

1. The value of the probate estate (excluding the homestead and other exempt property) is $75,000 or less; or
2. The decedent has been dead for more than two years — in which case the value cap doesn’t apply at all, because the creditor claims period has expired by operation of law.

In a summary administration there is no personal representative appointed. Instead, the court enters an Order of Summary Administration that directly distributes the assets to the beneficiaries. That single order is what the bank, the title company, or the transfer agent needs to release the property. For families dealing with a modest estate — a checking account, a car, a small brokerage account — this can mean weeks instead of a year.

There’s also a third, even simpler track. Disposition of personal property without administration (Florida Statutes §735.301) lets a family recover very small amounts without opening a formal case at all, typically to reimburse funeral expenses or final medical bills. It’s narrow, but for the right estate it’s a gift.

The People the Court Supervises

The probate judge rarely deals directly with heirs. The court’s relationship is mostly with the lawyers and the personal representative, who carry the day-to-day obligations. A few of the key players the court keeps an eye on:

• The personal representative (called an executor in casual conversation, though Florida uses the statutory term). This person owes a fiduciary duty to the estate and answers to the court for every dollar.
• Beneficiaries and heirs, who must receive formal notice and have standing to object if something looks wrong.
• Creditors, who get a defined window to file claims and lose their rights if they miss it.
• The estate’s attorney, who in formal administration is generally required — Florida does not let most personal representatives proceed without counsel.

When these parties disagree, the court becomes the decision-maker. That’s where will contests, objections to accountings, and disputes over a representative’s conduct land. If you’ve ever wondered how a disputed will gets sorted out, the mechanics are similar across states; Morgan Legal’s overview of walks through the grounds — lack of capacity, undue influence, improper execution — that Florida judges weigh under their own statutes too.

What the Probate Court Looks For Before Closing an Estate

An estate isn’t closed because the family is tired of it. It’s closed when the court is satisfied that everything has been handled correctly. Before discharging a personal representative in a formal administration, the judge generally wants to see:

• Proper notice given to all interested persons and creditors;
• The claims period closed and valid claims paid or resolved;
• Taxes addressed (Florida has no state estate tax, but federal filings may apply to large estates);
• A final accounting showing what came in, what went out, and what’s left;
• A plan of distribution that matches the will or the intestacy statutes.

In a summary administration, the court compresses most of this into the petition itself. Because there’s no ongoing representative, the beneficiaries (and their attorney) front-load the work, and the court reviews it in one pass. Done right, the order issues without a hearing.

How Probate Differs From What You Can Avoid

One thing the court cannot do is reach assets that never enter probate in the first place. Property held in a revocable living trust, accounts with named beneficiaries, jointly titled real estate, and life insurance pass outside the probate system entirely. That’s why thoughtful planning — including well-drafted wills and trusts — can dramatically shrink, or sometimes eliminate, what the probate court ever sees.

For Florida residents who also own property in another state, or who relocated from the Northeast, coordinating an out-of-state estate matters too. Morgan Legal’s New York practice handles for clients who keep a foot in both states, and the firm’s Florida team manages local directly.

When You Need the Probate Court — and When You Might Not

If you’re holding a death certificate and a bank that won’t talk to you, the answer usually runs through the probate court. But the right entry point depends entirely on the facts: the value of the assets, whether two years have passed, whether there’s a will, and whether anyone is likely to object. A small estate that qualifies for summary administration is a very different conversation than a contested formal case.

That’s the assessment our Boca Raton office does first, before any petition is filed. Getting the track right at the start is the single biggest factor in how fast and how cheaply an estate resolves. If you’re unsure where your situation falls, reach out for a straightforward read on which path the probate court would put you on.

Frequently Asked Questions

Does every estate in Florida have to go through probate court?

No. Only assets owned solely by the decedent with no automatic transfer mechanism typically require probate. Property in a living trust, accounts with payable-on-death or named beneficiaries, jointly titled property, and life insurance pass outside probate entirely. Smaller estates may also qualify for summary administration, a faster court process under Florida Statutes 735.201.

How long does Florida probate take?

It depends on the type of administration. A formal administration generally runs six months to a year because of the mandatory three-month creditor claims period, and longer if there is litigation. A summary administration can often conclude in a matter of weeks, since no personal representative is appointed and the court issues a single distribution order.

What is the difference between summary and formal administration?

Formal administration is the full process, required for larger estates, in which the court appoints a personal representative and supervises creditor claims and accountings. Summary administration is a streamlined path available when the probate estate is $75,000 or less (excluding exempt property) or the decedent died more than two years ago; the court distributes assets directly without appointing a representative.

Which court handles probate in Boca Raton, Florida?

Probate in Boca Raton is handled by the probate division of the circuit court in Palm Beach County, part of Florida’s Fifteenth Judicial Circuit. Florida does not use a separate surrogate’s court; probate jurisdiction sits within the regular circuit courts in the county where the decedent lived at death.

Do I need an attorney for Florida probate?

In most formal administrations, yes. Florida law generally requires the personal representative to be represented by an attorney. Summary administration and disposition without administration can sometimes proceed without counsel, but the filings are technical and an error can stall the case, so legal guidance is usually worthwhile even for small estates.