Probate Administration
Frequently Asked Questions
What is probate administration?
Probate administration is the court-supervised legal process used to identify a deceased person’s assets, pay valid debts and taxes, and distribute the remaining property to beneficiaries or heirs.
In Florida, probate is handled in the circuit court of the county where the decedent resided at the time of death. Not all estates require probate, but many do—especially when assets are held solely in the decedent’s name.
Is probate always required after someone dies?
No. Probate may be avoided or limited if assets:
Whether probate is required depends on how assets were titled, their value, and how long the person has been deceased.
What’s the difference between testate and intestate probate?
What types of probate are there in Florida?
Florida recognizes several forms of probate administration:
Formal Administration
This is the most common type of probate and is required for:
Formal administration involves appointing a personal representative, issuing creditor notice, and court oversight throughout the process.
Summary Administration
Summary administration is a simplified probate procedure available when:
This process is faster and less expensive, but not available in all cases.
Disposition Without Administration
This is available only for very small estates with limited assets, typically where the estate consists solely of exempt property or funeral expenses.
How long does probate take in Florida?
The timeline depends on the type of probate and whether disputes arise:
Do I need a lawyer to handle probate?
In most Florida probate cases, yes.
If you are serving as a personal representative (executor), Florida law generally requires you to be represented by an attorney—unless you are the sole beneficiary and personal representative.
Probate involves strict deadlines, required notices, accounting rules, and fiduciary duties. Errors can result in personal liability for the representative.
What does a personal representative do?
A personal representative is responsible for:
The personal representative has fiduciary duties and must act in the best interests of the estate and beneficiaries.
Will probate mean everything becomes public?
Generally, yes. Probate filings are public court records. This means that information about assets, beneficiaries, and distributions may be accessible to the public.
This is one reason many people choose estate planning tools—such as trusts—to avoid or limit probate.
Will creditors take everything?
Not necessarily. Florida law provides strong protections for certain assets, including:
Creditors must file claims within strict deadlines, and not all debts are payable from the estate.
What happens if someone contests the will?
If a will is challenged, probate can become significantly more complex. Common grounds for a will contest include:
Can probate be avoided with proper planning?
Often, yes. Estate planning tools such as:
Is probate administration expensive?
Costs vary depending on estate size, complexity, and whether disputes arise. Expenses may include:
Florida law provides guidelines for reasonable compensation, but each case is unique.
Is probate administration stressful?
It can be—especially for family members already dealing with loss. Probate involves legal responsibilities, deadlines, and potential conflicts. Many personal representatives choose to work with an attorney to reduce stress and avoid costly mistakes.
Probate administration is the court-supervised legal process used to identify a deceased person’s assets, pay valid debts and taxes, and distribute the remaining property to beneficiaries or heirs.
In Florida, probate is handled in the circuit court of the county where the decedent resided at the time of death. Not all estates require probate, but many do—especially when assets are held solely in the decedent’s name.
Is probate always required after someone dies?
No. Probate may be avoided or limited if assets:
- Were held in a trust
- Had designated beneficiaries (such as life insurance or retirement accounts)
- Were jointly owned with rights of survivorship
- Qualified for summary administration or disposition without administration
Whether probate is required depends on how assets were titled, their value, and how long the person has been deceased.
What’s the difference between testate and intestate probate?
- Testate probate occurs when the decedent left a valid will. The court administers the estate according to the will’s terms.
- Intestate probate occurs when there is no valid will. In that case, Florida law determines who inherits the estate, regardless of the decedent’s wishes.
What types of probate are there in Florida?
Florida recognizes several forms of probate administration:
Formal Administration
This is the most common type of probate and is required for:
- Larger estates
- Estates with disputes
- Estates where the decedent died less than two years ago
Formal administration involves appointing a personal representative, issuing creditor notice, and court oversight throughout the process.
Summary Administration
Summary administration is a simplified probate procedure available when:
- The value of the probate estate is $75,000 or less (excluding exempt property), or
- The decedent has been deceased for more than two years
This process is faster and less expensive, but not available in all cases.
Disposition Without Administration
This is available only for very small estates with limited assets, typically where the estate consists solely of exempt property or funeral expenses.
How long does probate take in Florida?
The timeline depends on the type of probate and whether disputes arise:
- Summary administration: Often completed in a few months
- Formal administration: Typically takes 6 to 12 months
- Contested estates: May take significantly longer
Do I need a lawyer to handle probate?
In most Florida probate cases, yes.
If you are serving as a personal representative (executor), Florida law generally requires you to be represented by an attorney—unless you are the sole beneficiary and personal representative.
Probate involves strict deadlines, required notices, accounting rules, and fiduciary duties. Errors can result in personal liability for the representative.
What does a personal representative do?
A personal representative is responsible for:
- Identifying and securing estate assets
- Providing notice to creditors and beneficiaries
- Paying valid debts and expenses
- Filing required court documents
- Distributing assets according to the will or intestacy law
The personal representative has fiduciary duties and must act in the best interests of the estate and beneficiaries.
Will probate mean everything becomes public?
Generally, yes. Probate filings are public court records. This means that information about assets, beneficiaries, and distributions may be accessible to the public.
This is one reason many people choose estate planning tools—such as trusts—to avoid or limit probate.
Will creditors take everything?
Not necessarily. Florida law provides strong protections for certain assets, including:
- Homestead property
- Certain personal property
- Qualified retirement accounts and life insurance proceeds
Creditors must file claims within strict deadlines, and not all debts are payable from the estate.
What happens if someone contests the will?
If a will is challenged, probate can become significantly more complex. Common grounds for a will contest include:
- Lack of testamentary capacity
- Undue influence
- Improper execution
Can probate be avoided with proper planning?
Often, yes. Estate planning tools such as:
- Revocable living trusts
- Beneficiary designations
- Enhanced life estate deeds (Lady Bird deeds)
Is probate administration expensive?
Costs vary depending on estate size, complexity, and whether disputes arise. Expenses may include:
- Court filing fees
- Attorney’s fees
- Personal representative compensation
- Appraisal and accounting costs
Florida law provides guidelines for reasonable compensation, but each case is unique.
Is probate administration stressful?
It can be—especially for family members already dealing with loss. Probate involves legal responsibilities, deadlines, and potential conflicts. Many personal representatives choose to work with an attorney to reduce stress and avoid costly mistakes.
