Frequently Asked Questions About Probate In Florida

People often ask how probate works in Florida, how long it takes, and whether it can be avoided altogether. This court-supervised process identifies a deceased person’s assets, pays their debts from those assets, and distributes their remaining property to their heirs. Understanding Florida’s probate process helps families manage estate issues with confidence. Loughlin Law, P.A., founded by Nicole M. Loughlin, a former St. Thomas Law Review editor with a 10.0 Avvo rating, represents clients throughout Florida in probate matters. To speak with a knowledgeable Boca Raton probate attorney, contact Loughlin Law, P.A. at (561) 677-8384.

Overview of Probate in Florida

Florida probate is a court-supervised process that identifies assets, resolves debts, and distributes property to heirs or beneficiaries under the Florida Probate Code.

• Probate in Florida follows Chapters 731 through 735 of the Florida Statutes and may proceed through formal administration or the faster summary administration for qualifying estates.
• Not all assets require probate, including homestead property, jointly owned property with survivorship rights, trust property, and accounts with named beneficiaries.
• Costs, timelines, and responsibilities vary based on estate size, creditor claims, disputes, and statutory requirements, with formal probate commonly lasting six to twelve months or longer.

Understanding probate rules, exemptions, and administrative duties can reduce delays, confusion, and conflict among heirs. Loughlin Law, P.A. represents individuals and families throughout Florida in probate and estate administration matters.

How Does Probate Work in Florida?

Probate in Florida is governed by the Florida Probate Code, which is found in Chapters 731 through 735 of the Florida Statutes. The process typically begins when a will is submitted to the appropriate circuit court clerk, usually in the county where the decedent resided. If there is no will, the estate is handled as “intestate,” which is just a legal term meaning someone died without a will. Furthermore, Florida offers both formal and summary administration procedures. Formal administration is the standard route for most estates, while summary administration is a simplified option for certain qualifying estates.

First, in a probate matter, the process begins by filing the will and petitioning the court to appoint someone to manage the estate’s assets, debts, and distributions. This person must identify assets, notify creditors, pay debts, and distribute property. The court oversees the process to ensure legal compliance and fair distribution to heirs or beneficiaries. The process mostly involves paperwork and attorney coordination, with minimal court appearances in uncontested cases. Formal probate typically takes six to twelve months, while simpler estates may qualify for summary administration, which moves faster. Most heirs do not need to appear in court, and legal fees are based on the estate’s value or hourly billing.

Do All Estates Go Through Probate?

Not every estate in Florida must go through probate. Certain assets bypass probate automatically because they have designated beneficiaries or joint ownership with survivorship rights. If all of a person’s assets fall into these categories, probate is not necessary. However, even when certain assets are exempt, a partial probate is still required for the remainder.

What Happens If There Is No Will?

When a person dies without a will in Florida, their estate is distributed under the rules of “intestate succession” found in Chapter 732 of the Florida Statutes. These laws assign heirs in a strict order of priority. For example, if the decedent is survived by a spouse and no kids, generally, the spouse is awarded the entire estate. If there are children from another relationship, the estate is divided between the spouse and the children. In short, the lack of a will leads to delays, confusion, or family conflict, especially if multiple heirs believe they are entitled to a share.

How Much Does Probate Cost?

Probate costs in Florida vary based on the estate’s size and complexity. Court filing fees typically range from $230 to $400, depending on the county. The personal representative is entitled to compensation as defined in Section 733.617 of the Florida Statutes, which is usually a percentage of the estate’s value.

As far as attorney fees, under Florida law, lawyers are allowed to charge a fee based on a statutory schedule, but also charge hourly or flat rates. For example, based on standard percentages, an estate valued at $100,000 may have attorney’s fees of around $3,000. Additional costs include publication fees for legal notices, accounting fees, and potentially appraisal or storage costs. Disputes or litigation increase costs.

Who Is Responsible for Paying Probate Debts?

During probate, the personal representative must notify known and potential creditors of the decedent’s death. Creditors then have a fixed period, usually 90 days, to file a claim under Section 733.702 of the Florida Statutes. Debts are then paid out of the estate’s assets before any distribution to beneficiaries. The estate is not closed until all valid debts are settled. If the estate has insufficient assets, debts are paid in the order of priority set by law.

Heirs or beneficiaries do not need to pay the decedent’s debts out of pocket unless they co-signed a loan with the deceased. However, if the estate includes exempt assets, such as homestead property, those assets are generally protected from creditors.

What Exactly Is Summary Administration?

Again, summary administration is a simplified probate procedure available under Section 735.201 of the Florida Statutes. It is used when:

• The estate value is less than $75,000, excluding exempt property, or
• The decedent died more than two years ago

This process does not require the appointment of a personal representative. Instead, the court issues an order releasing property to the rightful beneficiaries.

Summary administration is faster and less costly than formal probate. However, it is not appropriate for all cases. If there are unresolved debts, disputed heirs, or complex property issues, formal probate administration is still required.

What Assets Are Not Subject to Probate in Florida?

Florida law excludes several categories of property from probate. These include:

• Assets held in joint tenancy with rights of survivorship
• Property held in a revocable living trust
• Bank accounts or securities with a specified beneficiary
• Homestead property, under Article X, Section 4 of the Florida Constitution, passes directly to heirs
• Life insurance and retirement policies with specified beneficiaries

These assets pass directly to beneficiaries without court involvement. Still, careful planning is necessary to ensure these designations are legally valid and up to date. When estate planning is not done properly, even assets intended to avoid probate become entangled in the court process due to errors or omissions.

Who Can Serve as a Personal Representative?

Florida’s Section 733.302 allows any Florida resident who is at least 18 years old to serve as a personal representative. A non-resident serves only if they are a close relative of the decedent, such as a spouse, parent, sibling, or child. A personal representative must be mentally competent and must not have a felony conviction. The person must also be capable of handling the administrative and legal duties required by the court. If multiple people are eligible, preference is given to those named in the will. If no one is named or willing to serve, a judge appoints a “personal representative” to handle it. 

What Happens If Family Members Disagree During Probate?

Unfortunately, disagreements among heirs often lead to probate litigation or mediation. Common Florida probate disputes involve allegations of undue influence, improper accounting by the personal representative, or disagreements over the validity of a will. Litigation delays probate and increases costs. However, when serious allegations are raised, such as fraud or coercion, the court intervenes to ensure fair administration of the estate.

How Long Does a Florida Probate Take?

The length of probate in Florida depends on the complexity of the estate, the number of creditors, and whether there are any disputes. In our experience as Florida probate lawyers, most formal probate cases take six to 12 or even 18 months to complete. Delays occur if the estate includes out-of-state property or if litigation arises. If a creditor files a lawsuit against the estate, or if beneficiaries contest the will, the process often extends significantly. Court schedules and the personal representative’s diligence also affect the timeline.

When Does a Probate Case Need Court Approval?

Certain probate actions require court approval even if they appear routine. For example, selling real estate owned by the decedent requires a court order unless the will gives specific authority. Distributions to minors, settlements involving litigation, or actions taken by a personal representative with a conflict of interest also need approval.

If the estate includes out-of-state property, another probate case is required in the other jurisdiction. In such cases, the Florida court coordinates with courts in other states. Judges review motions and petitions to ensure compliance with legal duties and to protect the interests of creditors and beneficiaries.

Questions? Ask an Experienced Florida Probate Attorney

Loughlin Law, P.A., led by Nicole M. Loughlin, a Super Lawyers Rising Star and Martindale-Hubbell AV Preeminent attorney, regularly assists clients with probate filings, estate disputes, and legal representation in probate court. Our firm is affiliated with the Florida Association for Women Lawyers and the Elder Services Resource Network, and has been recognized by Expertise.com. To speak with a trusted Boca Raton, Florida, probate attorney, call Loughlin Law, P.A. at (561) 677-8384.