What is Probate in Florida? The Process Explained
Probate is the legal process for settling an estate after death. Understanding how Florida probate works helps families prepare and avoid surprises.
When someone dies in Florida, their estate often goes through probate—a court-supervised process to settle debts and distribute assets. While probate has a reputation for being slow and expensive, understanding the process helps families navigate it more effectively.
What is Probate?
Probate is the legal process of:
1. Validating the will (if one exists) 2. Appointing a personal representative (executor) 3. Identifying and inventorying assets 4. Paying valid debts and taxes 5. Distributing remaining assets to beneficiaries 6. Closing the estate
Probate occurs in the circuit court of the county where the deceased lived. In Broward County, probate cases are handled at the Broward County Courthouse.
When is Probate Required?
Probate is typically required when someone dies owning assets solely in their name. However, not all assets go through probate:
Assets That Avoid Probate:
Assets That Require Probate:
Types of Florida Probate
Formal Administration: The standard process for estates over $75,000 or when the deceased died within the past two years. Takes 6-12 months minimum.
Summary Administration: Available when the estate value (excluding homestead) is $75,000 or less, or the deceased has been dead for more than two years. Faster and simpler.
Disposition Without Administration: For very small estates with only exempt property and final expense coverage.
The Formal Probate Process
1. File Petition: An interested party files a petition with the court along with the original will.
2. Appoint Personal Representative: The court issues Letters of Administration, giving the personal representative legal authority.
3. Publish Notice to Creditors: A notice is published in a local newspaper, starting a 90-day creditor claim period.
4. Inventory Assets: The personal representative inventories all assets and files the list with the court within 60 days.
5. Pay Creditors and Taxes: Valid creditor claims are paid. Final tax returns are filed.
6. Distribute Assets: After creditors are paid and accounting is approved, assets are distributed to beneficiaries.
7. Close Estate: Final documents are filed, and the personal representative is discharged.
Probate Costs
Florida probate involves several costs:
- Court filing fees
- Publication costs
- Bond premiums (if required)
- Attorney fees (often based on estate value)
- Accounting fees
- Appraisal costs
For larger estates, total costs can reach 3-5% of estate value or more.
How to Minimize Probate Impact
Several strategies can reduce or eliminate probate:
- Create a living trust and fund it properly
- Use beneficiary designations where possible
- Own property jointly with right of survivorship
- Consider Lady Bird deeds for real estate
- Keep assets below summary administration thresholds
Contact our office if you need probate assistance or want to plan to avoid probate.