Posted on June 15, 2026

Losing a loved one is hard enough without the added weight of paperwork, court deadlines, and unfamiliar legal terms. Yet for many Florida families, that is exactly what comes next. Probate is the court-supervised process of settling a deceased person's affairs: validating the will (if there is one), paying valid debts, and distributing what remains to the rightful heirs or beneficiaries. This guide walks you through the process in plain English.

What Is Probate, and Is It Always Required?

Probate is generally required when someone passes away owning assets in their sole name that do not transfer automatically. Some assets bypass probate entirely, such as property held jointly with rights of survivorship, accounts with named beneficiaries, and assets in a properly funded trust. Florida recognizes two main types of administration: summary administration, a streamlined option often available for smaller estates, and formal administration, used for larger or more complex estates. An attorney can review your specific circumstances to determine which path fits.

Step 1: Open the Estate and Appoint a Personal Representative

The process begins by filing a petition with the circuit court in the county where the deceased lived. If there is a will, it is submitted for validation. The court then appoints a personal representative and issues Letters of Administration, giving that person legal authority to act for the estate.

Step 2: Identify and Protect the Estate's Assets

The personal representative gathers information about the estate's assets, secures them, and prepares an inventory for the court. Accurate valuation matters, because it affects everything from creditor payments to the final distribution.

Step 3: Notify Creditors and Handle Claims

Florida law requires the personal representative to notify creditors so they can file claims. Creditors generally have a window after publication of notice, and known creditors who receive direct notice typically have a shorter period. The representative pays valid claims and may object to others. This creditor period is a main reason probate takes the time it does.

Step 4: Pay Debts, Taxes, and Expenses

Before any beneficiary receives a distribution, the estate must settle valid obligations, including creditor claims, final expenses, and applicable taxes and costs. Handling this carefully protects the personal representative from personal liability.

Step 5: Distribute Assets and Close the Estate

Once debts and expenses are resolved, the remaining assets are distributed according to the will or, if there is none, under Florida's intestacy laws. The representative then files a final accounting and asks the court to close the estate.

How Long Does Florida Probate Take?

Timelines vary based on the type of administration, the size and complexity of the estate, and whether disputes arise. A simple summary administration may conclude in weeks, while a formal administration commonly runs several months or longer. An attorney can give you a realistic estimate for your situation.

Let Us Help You Move Forward

As a Florida law firm focused on probate and estate administration, we guide personal representatives and families through each step. If you are facing probate or have questions, call us at (305) 701-4015 or request a free consultation.

This article is general information, not legal advice.