The Probate Process, Step by Step

Let’s follow the Reyes family. Their father lived in a single-family home west of Federal Highway in Boca Raton and passed away with a will, a checking account in his name, and a paid-off car. His daughter Marisol was named personal representative. Here is how Florida probate actually unfolds for a family like theirs.

Step 1: Locate and Deposit the Will

Under Florida law, the original will must be deposited with the clerk of the circuit court in the county where the deceased lived, in Marisol’s case Palm Beach County, within ten days of learning of the death. The court needs the original, not a copy, so finding it is the first scramble for most families.

Step 2: File the Petition for Administration

Marisol’s attorney files a petition asking the court to open the estate and admit the will. Because her father’s probate estate was worth more than $75,000, the family proceeds with formal administration rather than summary administration. In Florida, formal administration generally requires representation by a licensed attorney.

Step 3: Appointment and Letters of Administration

The judge signs an order appointing Marisol as personal representative and issues Letters of Administration. These letters are the magic document. They are what the Boca bank and the DMV finally accept as proof that Marisol has authority to act on the estate’s behalf. Only now can she access accounts and handle the car title.

Step 4: Notify Heirs and Creditors

Marisol serves a Notice of Administration on beneficiaries and other interested parties, giving them a window to object. She also publishes a Notice to Creditors in a Palm Beach County newspaper and serves known or reasonably ascertainable creditors directly. Creditors generally have three months from first publication to file claims, though directly served creditors may have a different deadline.

Step 5: Inventory the Assets

Within 60 days of being appointed, Marisol files an inventory listing the estate’s assets and their values as of the date of death. For the Reyes estate that means the home, the bank account, and the car. The homestead house gets special treatment under Article X, Section 4 of the Florida Constitution and is generally protected from creditors.

Step 6: Pay Valid Debts and Expenses

Marisol reviews the claims that come in, paying valid ones in the priority order Florida sets and objecting to questionable ones. Funeral expenses, taxes, and administration costs are addressed here. Florida charges no state estate or inheritance tax, so there is no state death tax to settle.

Step 7: Distribute and Close

Once debts and expenses are handled, Marisol distributes the remaining assets to the beneficiaries named in the will. She files a final accounting and a petition for discharge. When the judge enters the order of discharge, the estate is officially closed and Marisol’s duties end.

What Can Slow It Down

If a will is contested, a beneficiary cannot be located, or a surviving spouse asserts the elective share under Section 732.2065, the timeline stretches. The elective share entitles a surviving spouse to roughly 30 percent of the elective estate regardless of the will, and asserting it adds steps for the personal representative.

The Takeaway

Florida probate is a sequence: file the will, get appointed, notify everyone, inventory, pay debts, distribute, and close. Each step has deadlines that a personal representative in Boca Raton is personally responsible for meeting. Because missteps create personal liability, most families work with a Florida probate attorney. This overview is general information and not legal advice.