How to Open a Probate Estate in Florida: A Step-by-Step Guide

To open a probate estate in Florida, you file a petition for administration in the circuit court of the county where the decedent lived, along with the original will (if there is one) and a certified death certificate. The court then appoints a personal representative and issues “letters of administration,” the document that gives that person legal authority to collect assets, pay debts, and distribute what remains to the heirs or beneficiaries. Most Florida probate matters proceed as either summary administration (for smaller or older estates) or formal administration, and the path you choose shapes everything that follows.

I’ve handled a lot of these in and around Boca Raton, and the truth is that “opening” a probate is the part most families get wrong. Not because it’s hard in some dramatic way, but because the order of operations matters and the small estate procedures Florida offers are easy to miss. Below is how it actually works.

What “opening probate” really means in Florida

Probate is the court-supervised process of settling a deceased person’s affairs. When someone dies owning assets in their sole name with no automatic beneficiary, those assets are frozen until a court grants someone authority to deal with them. Opening the estate is the act of asking a Florida circuit court to grant that authority.

The governing law lives in Chapters 731 through 735 of the Florida Statutes (the Florida Probate Code) and the Florida Probate Rules. You don’t need to memorize them, but two things follow from how they’re written: first, almost every formal estate in Florida requires a licensed attorney under Florida Probate Rule 5.030; second, the rules give you faster, cheaper alternatives when the estate is small. Knowing which lane you’re in before you file saves months.

When you actually need probate at all

Before you open anything, confirm probate is even necessary. Plenty of assets pass outside probate and never touch the court:

• Property held as joint tenants with right of survivorship or as tenancy by the entirety between spouses
• Bank or brokerage accounts with a payable-on-death (POD) or transfer-on-death (TOD) designation
• Life insurance and retirement accounts (IRA, 401(k)) with a named living beneficiary
• Assets titled in a properly funded revocable living trust
• Homestead real property passing to heirs under Florida’s constitutional homestead protections

If everything the decedent owned falls into one of those buckets, you may not need to open a probate estate at all. It’s only the assets titled in the decedent’s name alone, with no beneficiary, that pull you into court.

Which Florida court and county to file in

You file in the circuit court for the county of the decedent’s domicile, that is, their permanent legal residence at death. For a Boca Raton resident, that means the Fifteenth Judicial Circuit in Palm Beach County. If the decedent lived out of state but owned Florida real estate, you’d open an ancillary administration here for that property while the main estate proceeds in their home state.

Filing today is almost entirely electronic through the Florida Courts E-Filing Portal. The clerk assigns a case number, the file is sealed in part for privacy, and a circuit judge (or in many counties a probate division judge) handles it.

Choosing your administration type before you file

This is the decision that defines the whole process. Florida gives you three main routes.

Summary administration

Under Florida Statute 735.201, an estate qualifies for summary administration if the value of the probate assets (excluding exempt property) is $75,000 or less, or if the decedent has been dead for more than two years, regardless of the estate’s size. The two-year rule is the one people overlook constantly. An estate worth several hundred thousand dollars can still go summary if enough time has passed, because after two years Florida’s creditor claims period has run.

Summary administration skips the appointment of a personal representative. Instead, you file a verified Petition for Summary Administration, and the court enters an Order of Summary Administration that directs assets straight to the beneficiaries. It’s faster, cheaper, and often resolves in weeks rather than months. For our practice, focused on small-estate and summary cases, this is the workhorse procedure.

Formal administration

When the probate estate exceeds $75,000 and the death was within two years, or when the estate needs an active personal representative to sell property, run a business, or litigate, you open a formal administration under Chapter 733. This is the full version: a personal representative is appointed, letters of administration issue, creditors are formally noticed, and the estate stays open until debts are paid and assets distributed. It typically runs six months to a year, sometimes longer if there’s a dispute.

Disposition without administration

For very small estates, Florida Statute 735.301 allows “disposition without administration,” a reimbursement procedure with no formal case, available when the only assets are exempt property plus non-exempt assets worth no more than the final illness, funeral, and burial expenses. It’s narrow, but when it fits, it’s the simplest path of all.

Documents you need to open the estate

Whether summary or formal, the opening package centers on a few core items. Gather these first:

1. The original will and any codicils. Florida requires the original, not a copy, to be deposited with the clerk within 10 days of learning of the death (Florida Statute 732.901). If you only have a copy, that creates a separate “lost will” problem that needs to be addressed up front.
2. A certified copy of the death certificate. For court filing, a version without the cause of death is generally used.
3. The petition. A Petition for Administration (formal) or Petition for Summary Administration (summary), verified under oath.
4. An inventory of probate assets. You’ll need account numbers, balances, and property descriptions with values as of the date of death.
5. Names and addresses of all beneficiaries and heirs. Everyone with an interest must be identified and, in many cases, served or asked to sign a waiver.
6. The decedent’s information, including Social Security number, last address, and date and place of death.

In a formal administration, you’ll also file an Oath of Personal Representative, a designation of resident agent and acceptance, and (unless waived) a bond.

The step-by-step opening sequence

Here’s the practical order I walk Boca Raton families through:

1. Locate and deposit the original will with the Palm Beach County clerk within the 10-day window.
2. Inventory the assets and confirm which are probate assets. This determines summary vs. formal eligibility.
3. Run the numbers and the calendar. Under $75,000, or more than two years since death? Summary may be available.
4. Prepare and e-file the petition in the correct circuit court with the supporting documents.
5. Notice or obtain waivers from interested parties. Consents from all beneficiaries can dramatically speed things up.
6. For formal estates, the court issues letters of administration appointing the personal representative. For summary estates, the court enters an order distributing the assets directly.
7. Handle creditors. A formal estate publishes a Notice to Creditors, opening a three-month claims period under Florida Statute 733.702; a summary estate addresses known creditors in the petition.

How creditors and the personal representative fit in

In a formal administration, the personal representative is the legal driver of the estate. They owe fiduciary duties to the beneficiaries and creditors alike, and Florida Statute 733.302 sets out who’s qualified to serve. A nonresident can serve only if they’re a close relative of the decedent. Once appointed, the representative collects assets, files a notice to creditors, pays valid claims in the statutory order of priority, and distributes the balance.

Disputes about who should serve, whether a will is valid, or how assets get divided turn an ordinary opening into contested litigation. Will contests, undue influence claims, and accounting fights are their own world, and they’re handled the same way across states even when the statutes differ. If you’re weighing a challenge, it helps to understand how seasoned probate litigators approach , because the strategic playbook (proving capacity, attacking execution, valuing assets) carries over to Florida courts.

Timelines and what to expect

A clean summary administration with cooperative beneficiaries can wrap in three to six weeks. A formal administration is governed by the creditor period, so even a simple one rarely closes in under five to six months, since you can’t safely distribute until the three-month claims window and any tax matters are resolved. Build that timeline into any expectation you set with the family, because the most common source of frustration is assuming probate moves at the speed of grief. It doesn’t.

When to hire a Florida probate attorney

Formal administration in Florida legally requires an attorney in nearly every case, and even summary administration is something most families shouldn’t attempt alone once there’s real property, multiple beneficiaries, or any whiff of disagreement. The cost of doing it right is almost always less than the cost of unwinding a mistake, a missed creditor, a void distribution, or a homestead misstep that clouds title for years.

Our firm concentrates on small-estate and summary-administration matters for Boca Raton and Palm Beach County families, and we coordinate with the broader Morgan Legal network for cases that cross state lines or escalate into litigation. You can read more about the firm’s , or, for matters touching New York assets, how a is opened and administered.

If you’re just getting started, two of our resources are worth a look: our overview of Florida probate administration and our guide to wills and estate planning, which explains how the right plan can keep your own family out of a courtroom later. When you’re ready to open an estate, reach out for a consultation and we’ll tell you, honestly, which administration type fits and what it will take.

Opening probate in Florida isn’t mysterious. It’s a sequence: find the will, value the assets, pick the right lane, file in the right county, and notify the right people. Get those five things right and the rest of the estate tends to take care of itself.

Frequently Asked Questions

How long do you have to open probate after someone dies in Florida?

Florida sets no hard deadline to open probate, but the original will must be deposited with the clerk within 10 days of learning of the death (Fla. Stat. 732.901). Practically, you should open the estate as soon as assets need to be accessed. Note that once two years have passed, an estate of any size may qualify for the faster summary administration.

What is the difference between summary and formal administration in Florida?

Summary administration is available when probate assets total $75,000 or less, or the decedent has been dead more than two years; it skips appointing a personal representative and distributes assets by court order, often in weeks. Formal administration applies to larger, recent estates, appoints a personal representative with letters of administration, and typically takes six months to a year.

Do I need a lawyer to open a probate estate in Florida?

For formal administration, yes, Florida Probate Rule 5.030 requires a licensed attorney in nearly all cases. Summary administration can technically be done without one, but it’s rarely advisable once real property, multiple beneficiaries, or any disagreement is involved, because errors can void distributions and cloud title.

Which court do I file probate in for a Boca Raton resident?

You file in the circuit court for the county where the decedent legally resided. For a Boca Raton resident, that is the Fifteenth Judicial Circuit in Palm Beach County, filed electronically through the Florida Courts E-Filing Portal.

What documents do I need to open a Florida probate estate?

At minimum: the original will and any codicils, a certified death certificate, a verified petition for administration, an inventory of the decedent’s probate assets with date-of-death values, and the names and addresses of all beneficiaries and heirs. Formal estates also require an oath, a resident agent designation, and often a bond.