How Florida Probate Works: A Step-by-Step Overview

Florida probate is the court-supervised process of identifying a deceased person’s assets, paying their final debts and taxes, and distributing what remains to the heirs or beneficiaries. It runs through the circuit court in the county where the person lived, and it is governed mainly by Chapters 731 through 735 of the Florida Statutes. For most families in Boca Raton and the rest of Palm Beach County, the practical question is not whether probate happens but which kind of probate the estate needs and how long it will take.

I have walked a lot of families through this in Palm Beach County, and the same anxieties come up every time: the process sounds bureaucratic, the timeline feels vague, and nobody explains where the actual decisions get made. So let me lay it out the way I would across a conference table, step by step, with the small-estate shortcuts that many people in Boca Raton qualify for but never hear about.

What probate actually accomplishes in Florida

When someone dies owning assets in their sole name, the title to those assets is frozen. A bank cannot release the account, a title company cannot clear the house, and a brokerage cannot transfer the shares until a court gives someone legal authority to act. Probate is how Florida confers that authority. The court appoints a personal representative (what other states call an executor or administrator), issues a document called Letters of Administration, and from that point forward the personal representative can collect, manage, and distribute the estate.

Probate also does something protective that families underestimate: it gives creditors a defined window to come forward and then cuts them off. Once the claims period closes and the estate is properly administered, beneficiaries take their inheritance free of stale debts. That finality is worth a great deal.

Which assets even go through probate

Not everything a person owned passes through probate. Probate only governs assets titled in the decedent’s name alone, with no built-in mechanism to pass to someone else. The following typically bypass probate entirely:

• Property held jointly with rights of survivorship, or as tenancy by the entireties between spouses
• Bank or brokerage accounts with a valid payable-on-death (POD) or transfer-on-death (TOD) designation
• Life insurance and retirement accounts (IRA, 401(k)) with a living named beneficiary
• Assets owned by a properly funded revocable living trust
• Florida homestead real property, which often passes outside the probate estate for distribution but may still need a court order confirming its protected status

That last point trips people up constantly. Homestead is its own animal under the Florida Constitution and section 732.401, and even a small estate frequently needs a homestead determination from the judge. Sorting out what is in and what is out of the probate estate is the first real piece of legal work in any case.

The two main types of Florida probate

Florida offers two formal probate tracks plus a non-court alternative. Picking the right one is where most of the savings live, and it mirrors the way other states tier their proceedings. (If you are comparing across jurisdictions, the contrast with how a is instructive — the labels differ, but the logic of matching estate size to procedure is the same.)

Formal administration

This is the full proceeding, used when the estate’s value exceeds the summary thresholds, when the death was within the last two years, or when the situation is contested or complicated. A personal representative is formally appointed, Letters issue, creditors are noticed, and the estate is administered over several months. Most estates with real property, business interests, or disputes land here.

Summary administration

This is the streamlined track, and it is the heart of what we focus on. Under section 735.201, an estate qualifies for summary administration when either the value of the probate estate (excluding exempt property like homestead) is $75,000 or less, or the decedent has been dead for more than two years. There is no personal representative appointed; instead, the interested parties file a petition asking the court to enter an order distributing the assets directly. For many Boca Raton families — a paid-off condo plus a modest account, or a parent who passed several years ago and left a stray asset — summary administration is dramatically faster and cheaper.

Disposition without administration

The third option, under section 735.301, is not really probate at all. It applies to very small estates where the only assets are exempt personal property or where the assets do not exceed the cost of final illness and funeral expenses. A surviving family member can petition for reimbursement directly. No court appointment, often no attorney required, sometimes resolved in a single filing.

The Florida probate process, step by step

Here is how a typical formal administration unfolds. Summary administration compresses many of these into a single petition, but understanding the full sequence helps you see what is being shortened.

1. Deposit the will and open the case. Within ten days of learning of the death, the person holding the original will must deposit it with the clerk of the circuit court in the decedent’s home county (section 732.901). The petition for administration is then filed, identifying the heirs, the assets, and the proposed personal representative.
2. Appoint the personal representative. The court reviews the petition, the will (if any), and any waivers from other heirs, then issues Letters of Administration. Florida requires the personal representative to be represented by an attorney in formal administration unless the representative is the sole interested party.
3. Notice to creditors. The personal representative publishes a Notice to Creditors once a week for two consecutive weeks and serves known or reasonably ascertainable creditors directly. This starts the clock under section 733.702.
4. The creditor claims period. Creditors generally have three months from first publication, or thirty days from being directly served, whichever is later, to file claims. The personal representative reviews each claim and either pays it or files an objection. This window is the single biggest driver of how long an estate stays open.
5. Inventory and marshal the assets. Within 60 days of appointment, the personal representative files an inventory listing the estate property and its date-of-death value. Accounts are consolidated, property is secured, and appraisals are obtained where needed.
6. Pay debts, taxes, and expenses. Valid claims, final income taxes, and administration costs are paid in the priority order set by section 733.707. Florida has no state estate tax, so for the vast majority of estates this step is about ordinary bills, not death taxes.
7. Distribute to beneficiaries. Once claims are resolved and expenses paid, the remaining assets are distributed according to the will, or under Florida’s intestate succession rules in Chapter 732 if there is no will.
8. Close the estate. The personal representative files a final accounting and a petition for discharge. When the court approves and the beneficiaries acknowledge receipt, the judge discharges the personal representative and closes the case.

In a clean summary administration, steps two through eight collapse into a petition and a proposed order of distribution that the judge signs — there is no appointment, no inventory deadline, and no formal accounting. That is precisely why qualifying matters so much.

How long does Florida probate take?

For a straightforward formal administration with cooperative heirs and no litigation, plan on roughly six to twelve months. The three-month creditor period sets a floor, and the rest of the time goes to gathering assets, resolving claims, and preparing the closing documents. Complications — a contested will, a hard-to-value business, an out-of-state asset, or a fight among heirs — extend the timeline considerably.

Summary administration is far quicker. Once the petition and supporting documents are filed and served, many Palm Beach County cases conclude in a matter of weeks to a couple of months, depending on the court’s calendar and whether a homestead determination is needed.

Common mistakes that slow estates down

The avoidable delays are remarkably consistent. Watch for these:

• Missing the will deposit deadline. The ten-day rule is real, and sitting on the original will only complicates things later.
• Assuming homestead is automatic. Even a tiny estate often needs a court order confirming the home’s protected, exempt status before title clears.
• Overlooking summary administration eligibility. Families pay for full administration when a two-year-old death or a sub-$75,000 estate would have qualified for the fast track.
• Distributing assets before the claims period closes. A personal representative who pays beneficiaries early can be personally liable if a valid creditor surfaces.
• Ignoring ancillary probate. A decedent who lived elsewhere but owned a Boca Raton condo may need an ancillary administration in Florida even if the main estate is handled in another state.

When you should call a Boca Raton probate attorney

If the estate holds real property, exceeds the summary thresholds, or involves a will contest, formal administration is mandatory and so, practically, is counsel. But even small estates benefit from a quick review — often the value lies in confirming you qualify for summary administration or disposition without administration and getting it filed correctly the first time. For families on the New York side, our colleagues handle the parallel the same way we handle Florida matters here. You can also review our broader for related services, and our pages on wills and getting in touch if you want to talk through your specific situation.

Probate has a reputation for being slow and opaque. In reality, a Florida estate moves predictably once you know which track it belongs on and who has authority to act. Get those two things right at the start, and the rest is execution.

Frequently Asked Questions

How much does an estate have to be worth to qualify for summary administration in Florida?

Under section 735.201 of the Florida Statutes, an estate qualifies for summary administration if the value of the probate estate (excluding exempt property such as homestead) is $75,000 or less. An estate also qualifies regardless of size if the decedent has been dead for more than two years.

Is probate always required in Florida?

No. Assets that pass by joint survivorship, payable-on-death or transfer-on-death designation, named beneficiaries on life insurance and retirement accounts, or a funded revocable trust avoid probate. Probate is only required for assets titled in the decedent’s sole name with no built-in transfer mechanism.

How long does Florida probate take?

A typical formal administration with no disputes runs about six to twelve months, largely because the creditor claims period lasts three months. Summary administration is much faster and often concludes within a few weeks to a couple of months.

Do I need an attorney for Florida probate?

Florida requires a personal representative in formal administration to be represented by an attorney unless that person is the sole interested party. Summary administration and disposition without administration may not require counsel, but a brief review helps confirm eligibility and avoid filing errors.

What is the difference between formal and summary administration?

Formal administration is the full court proceeding with an appointed personal representative, creditor notice, inventory, and a final accounting. Summary administration skips the appointment and most deadlines, resolving the estate through a single petition and order of distribution for smaller or older estates.