What Families Should Know About Probate Administration
Probate administration can be an intimidating process, made more so by the fact that the family members tasked with probate responsibilities are often moving through the steps of the legal process at the same time they are struggling to come to terms with their grief. At Loughlin Law, P.A., we understand these challenges. From our founding attorney, who we are very proud to announce has claimed a coveted designation as one of Super Lawyers’ 2026 Florida Rising Stars, through our associates and the entire staff, we are fully dedicated to making sure that Florida families have compassionate, grounded guidance for every stage of probate administration. Call us at 561-559-6214 to reach our Boca Raton office, or schedule a free virtual consultation to discuss your needs.
What Should Families Expect During Probate?
Families preparing for probate in Florida need to be aware of key timelines and responsibilities. They may also find it helpful to become familiar with the distinctions between probate and probate property, as well as which types of property are typically exempt from creditors’ claims during estate administration. Speaking with a Florida probate lawyer can often help families to gain a firmer understanding of what to expect during probate administration.
Summary
Probate administration in Florida is the legal process used to settle a deceased person’s estate, determine the distribution of assets, satisfy valid creditor claims, and appoint a personal representative when required by Florida law. Florida recognizes formal probate administration, summary administration, and disposition without administration, with eligibility depending on factors such as estate value, the timing of the petition, and the type of property involved. Certain assets, including property held in joint tenancy with right of survivorship, life insurance proceeds with designated beneficiaries, and some financial accounts with beneficiary designations, generally transfer outside of probate. Loughlin Law, P.A. provides probate administration guidance for individuals and families throughout Florida from its Boca Raton office.
There Is More Than One Type of Probate
There are three ways to settle a deceased person’s final affairs in Florida. One of these is the formal probate administration process with which many residents are familiar, and which probably corresponds most closely to the associations most people have with the term probate administration. This type is the lengthiest and most “thorough,” although the actual complexity can vary quite a bit, depending on how the deceased person’s estate plan was designed. The other two are each available only for estates which meet their respective eligibility criteria. A summary of each of the three types may help you to understand which is most likely to be appropriate in your family’s situation.
“Full” or Formal Probate
Formal probate is required whenever the petition for administration is filed within two years of the deceased person’s death, and the value of non-exempt property in the estate exceeds $75,000. If the decedent’s Last Will and Testament specifies formal probate proceedings, or if there is a probate dispute, then formal probate may still be required, even if the estate would otherwise meet the criteria for summary administration.
Summary Administration
Assuming there are no terms in the decedent’s Will that activate a requirement for formal probate, and no outstanding probate disputes, then the estate may qualify for summary administration when either of the following applies:
- The total value of non-exempt property in the estate is no greater than $150,000.
- At least two years have elapsed between the decedent’s death and the petition for administration.
We tend to see more estates qualifying under the first condition than under the second.
Disposition Without Administration
Under Florida law, probate courts do not require administration for estates that consist solely of personal property. Estates in which the total value of non-exempt property does not exceed the costs of the deceased individual’s “reasonable and necessary” medical expenses, combined with the costs of their interment, are also not required to go through probate administration.
Any Family Member May Petition for Administration
Formal probate administration cannot begin until the probate court has appointed a personal representative and issued letters of administration, authorizing this person to act on behalf of the decedent’s estate. Often the individual named as personal representative in the Will is the one to initiate the probate process. However, any member of the family may file the petition to commence administration.
Custodian of the Will
If your loved one left a Will, it can be very helpful to know whether they took the step of depositing that document with the probate court during their own lifetime. Assuming the Will is not already on file with the court, the custodian of the Will has 10 days from the time they receive notice of the individual’s death to deposit the Will with the probate court that has venue over the estate.
Appointment of Personal Representative
Even if the Will clearly names a personal representative, this is a nomination and not an appointment. No one has the legal authority to take action on behalf of the estate until they hold letters of administration from the probate court. Families cannot legally “get started” in advance.
Not All Property Goes Through Probate
Two terms you will likely see over and over in probate discussions are “exempt” property and “non-exempt” property. It is natural to assume that these types of property are those that are, and are not, exempt from formal probate, but this is not actually the exemption to which either term refers. Instead, both exempt and non-exempt property will generally be handled through probate administration; the property that is considered exempt is exempt from most creditors’ claims during estate administration, while the non-exempt property is considered “fair game” to be used in settling any debts the decedent left behind.
A third category, sometimes called non-probate property, actually does bypass the probate process altogether, and proceeds directly to its new legal owners. The most obvious example here is property that during the decedent’s lifetime was held through joint tenancy with right of survivorship, a legal term that means when any one owner of a shared asset passes away, their share in the whole automatically transfers to the surviving owner or owners. Some other types of assets, such as life insurance proceeds or financial accounts with beneficiary designations, may also transfer outside of probate. A Florida probate lawyer with Loughlin Law, P.A. may be able to help you categorize the assets in your loved one’s estate.
Even the Will Has Limits
Often families approach probate administration with an expectation that their loved one’s estate is essentially “frozen” at the time of his or her death, and the probate process exists primarily to ensure that the testator’s property is divided among family, friends, and charity exactly as the Will directs. However, the Will only controls the distribution of property within certain limits set by Florida law. The first of these, and the one that families may be most prepared to expect, is that the claims of creditors, once determined to be legitimate, take precedence over distributions to beneficiaries. Creditors are paid in a hierarchy established in Fla. Rev. Stat. § 733.707 (2025), and at each step the next class “down” the chair only has access to whatever property is remaining after all parties in the previous class have received what they are owed.
The second limitation may more often take families by surprise, although the limitation itself may not alter the distribution of assets in every case. This is the elective share of the surviving spouse, which under Fla. Rev. Stat. § 732.2065 (2025) entitles a decedent’s surviving spouse to choose either the portion left to him or her in their deceased partner’s Will, or to choose (”elect”) instead a share equal to 30% of the elective estate. Often spouses leave each other considerably larger shares of their estates, so depending on how the deceased person’s estate plan was set up, this may or may not come into play, even if they leave behind a grieving spouse.
Speak With a Florida Probate Lawyer
If a member of your family has recently passed away, you may have questions about how to handle probate administration. Our Boca Raton attorneys offer in-office consultations locally and virtual consultations across the state. We understand how overwhelming probate can feel in the first stages of your grief, and we have experience helping families like yours navigate the process. Call 561-559-6214 today or book a virtual consultation by visiting our calendar.
Important Frequently Asked Questions About Florida Probate Administration
The following frequently asked questions address common legal issues related to Florida probate administration, estate administration, probate courts, and Florida probate law.
What Is Probate Administration In Florida?
Probate administration in Florida is the court-supervised legal process that settles a deceased person’s estate, pays valid debts, and distributes remaining assets according to Florida law and any valid Last Will and Testament. During probate administration, the probate court appoints a personal representative, reviews creditor claims, and oversees the transfer of probate assets to beneficiaries or heirs when appropriate.
When Is Formal Probate Administration Required In Florida?
Formal probate administration is generally required when statutory requirements under Florida law are met, including certain estate values, filing timelines, probate disputes, or provisions contained in a Last Will and Testament. Even if an estate might otherwise qualify for summary administration, litigation or specific instructions in the Will may require formal probate proceedings.
What Property Does Not Go Through Probate In Florida?
Certain assets transfer outside Florida probate administration because ownership passes automatically or by beneficiary designation rather than through the probate court. Common examples include property owned as joint tenancy with right of survivorship, life insurance proceeds payable to a named beneficiary, and financial accounts with valid beneficiary designations.
What Does A Personal Representative Do During Probate Administration?
A personal representative manages the estate during Florida probate administration by collecting assets, providing required notices, addressing creditor claims, paying authorized expenses, and distributing remaining property under Florida law. The personal representative acts under the supervision of the probate court after receiving letters of administration.
How Are Creditors Paid During Florida Probate Administration?
Florida probate administration requires valid creditor claims to be paid according to the statutory priority established by Fla. Rev. Stat. § 733.707 (2025) before many distributions to beneficiaries occur. The probate court oversees the process, and each class of claims is generally paid before lower-priority claims receive payment from remaining estate assets.
What Is The Surviving Spouse’s Elective Share In Florida?
Florida law allows a surviving spouse to elect a statutory share of the elective estate instead of accepting the distribution provided in the Last Will and Testament under certain circumstances. Fla. Rev. Stat. § 732.2065 (2025) generally provides an elective share equal to 30% of the elective estate, subject to applicable legal requirements.
How Can Loughlin Law, P.A. Assist With Florida Probate Administration?
Individuals and families with questions about Florida probate administration may consider visiting with an experienced attorney at Loughlin Law, P.A. to learn more about available legal options. The attorneys at Loughlin Law, P.A. work to help individuals understand the probate process, estate administration requirements, and the legal procedures that may apply to a particular Florida estate.
