Probate Administration

Florida Probate Administration: What You Need to Know

Probate administration in Florida is the legal process for settling a person’s estate after they pass away. It involves identifying and gathering assets, paying debts, and distributing property to heirs according to a will or state law.

Why Does an Estate Go Through Probate?
Most estates must go through probate when the decedent owned assets that were solely in their name, without beneficiaries or joint owners. Probate helps ensure legal transfer of property, addresses creditor claims, and protects the rights of beneficiaries.

Why You Need a Professional

Florida probate laws and procedures are complex and often lengthy. An experienced attorney:

Guides you through the process and required filings.
Prevents costly errors and delays.
Resolves disputes among heirs or creditors.
Ensures compliance with Florida law for faster, smoother settlement.

The Executor/ Personal Representative's Role

The executor, called the “personal representative” in Florida, is appointed by the court (usually named in the will). Responsibilities include:

Identifying, securing, and valuing all assets.
Notifying creditors and paying valid debts.
Filing required documents with the probate court.
Distributing assets to beneficiaries as directed.
Preparing accountings for the court and beneficiaries.

Steps and Typical Timeline

Petition for Probate: File with the court to appoint the personal representative.
Notice to Beneficiaries & Creditors: Legal notice published and sent to interested parties.
Asset Inventory: Prepare and file a list of estate assets.
Pay Debts and Taxes: Settle valid creditor claims, pay taxes.
Distribution of Assets: Transfer remaining assets to heirs, as per the will or law.
Final Accounting & Closing: File a final report and close the estate with court approval.

Most Florida probate cases take 6–12 months. Complex estates, disputes, or creditor issues can extend the timeline.

Additional Facts about Florida Probate

Two main types: Summary Administration (simpler, for smaller estates) and Formal Administration (normal process).
Homestead property receives special protections in Florida.
Advanced planning and proper legal help can minimize probate’s cost, time, and stress.

Hiring a knowledgeable Florida probate attorney can make a difficult process much easier, safeguard inheritances, and ensure everything is handled properly.