A Boca Raton Checklist for Settling an Estate

When Helen, a longtime Boca Raton resident, lost her father last spring, she opened his condo near Mizner Park and found a stack of unopened mail, a brokerage statement, and a will naming her personal representative. She had no idea where to start. If you are in Helen’s position, this checklist walks through settling a Florida estate in the order the tasks actually arise.

Step 1: Secure Documents and Property

Helen’s first job was protection. She located the original will (Florida requires the original, not a copy, under §732.502), changed the condo locks, redirected the mail, and made sure the homeowners’ insurance stayed active. In Palm Beach County, you deposit the original will with the Clerk of the Circuit Court within 10 days of learning of the death, even before formal proceedings begin.

Step 2: Determine the Type of Administration

Not every estate needs full court oversight. Florida offers summary administration when the probate estate is worth $75,000 or less (excluding exempt property) or the death occurred more than two years ago. Larger estates, like her father’s brokerage account, require formal administration, where the court issues Letters of Administration appointing the personal representative.

Step 3: Open the Estate and Get Letters

Helen filed the petition with the Palm Beach County probate division. Florida generally requires a personal representative to be represented by an attorney in formal administration. Once appointed, she received Letters of Administration, the document that lets her access accounts, sell property, and act on the estate’s behalf.

Step 4: Inventory and Value Assets

She catalogued everything: the condo, the brokerage account, two bank accounts, and a car. Florida requires filing an inventory within 60 days of appointment. Remember that assets with beneficiary designations or joint ownership, like a payable-on-death account, usually pass outside probate and are not part of this inventory.

Step 5: Notify Creditors and Beneficiaries

Helen served a Notice of Administration on beneficiaries and published a Notice to Creditors in a Palm Beach County newspaper. Known creditors get direct notice. Creditors then have a limited window, generally three months from publication, to file claims. This step protects the estate from surprise debts later.

Step 6: Pay Valid Debts and Handle Taxes

She reviewed each claim, paid valid ones in the statutory priority order, and objected to questionable ones. A relief for many Boca Raton families: Florida has no state estate or inheritance tax. A federal estate tax return is required only for very large estates, well above what most families face, and a final personal income tax return is usually still needed.

Step 7: Distribute and Close

After debts and expenses were settled, Helen distributed the remaining assets per the will, obtained receipts from beneficiaries, filed her final accounting, and petitioned to discharge herself as personal representative. The court order closing the estate ended her legal responsibility.

A Note for Boca Raton Families

Helen’s estate was relatively tidy, yet it still spanned several months. Estates with homestead property, out-of-state heirs, or contested claims grow more complicated quickly. Because Florida law sets firm deadlines and personal liability for missteps, it is wise to consult a licensed Florida probate attorney before filing, so your checklist reflects your specific situation.