Losing a loved one is already difficult, and dealing with legal matters afterward can feel overwhelming. Understanding the Florida probate process can help families know what to expect and avoid unnecessary delays or complications during an already emotional time.

At Hogan & Hogan, we help families throughout Florida navigate probate efficiently and with compassion.

1. What Is Probate and When Is It Required in Florida?

The Florida probate process is the court-supervised legal procedure used to identify a deceased person’s assets, pay debts and taxes, and distribute remaining property to beneficiaries or heirs.

In Florida, probate is generally required when a person passes away owning assets solely in their name without a designated beneficiary or joint owner.

• Real estate titled only in the decedent’s name
• Bank accounts without payable-on-death beneficiaries
• Vehicles
• Investments
• Personal property

Some assets may avoid probate entirely, including jointly owned property, trust assets, retirement accounts with beneficiaries, and life insurance policies with named beneficiaries.

Learn more directly from the Florida Probate Code .

2. Summary Administration vs. Formal Administration

There are two primary types of probate administration in Florida: Summary Administration and Formal Administration.

Summary Administration

Summary Administration is a simplified probate process available when the probate estate is valued at $75,000 or less or the decedent has been deceased for more than two years.

This process is governed by §735.201, Fla. Stat.

Formal Administration

Formal Administration is the more common probate process used for larger or more complex estates.

• Appointment of a personal representative
• Court supervision
• Notice to creditors
• Payment of debts and expenses
• Distribution of estate assets

3. The 7 Steps of Formal Probate in Florida

Understanding the steps involved in the Florida probate process can help families prepare for what lies ahead.

1. Filing the Petition for Administration

The probate process begins by filing a petition with the circuit court to open the estate and appoint a personal representative.

2. Appointment of the Personal Representative

The court appoints a personal representative pursuant to §733.301, Fla. Stat. .

3. Identifying Estate Assets

The personal representative gathers and inventories estate assets under §733.604, Fla. Stat. .

4. Notifying Creditors

Creditors must receive notice of the probate proceeding. Under §733.702, Fla. Stat. , creditors generally have three months to file claims.

5. Paying Debts and Expenses

The estate must pay valid debts, taxes, funeral expenses, court costs, and attorney’s fees before distributions can be made.

6. Distributing Assets

Remaining assets are distributed according to the will or Florida intestacy laws if no will exists.

7. Closing the Estate

Once debts are resolved and distributions are complete, the estate can be formally closed with the court.

4. How Long Does Florida Probate Take?

The length of the Florida probate process depends on the type of administration, the complexity of the estate, whether creditors file claims, and whether any disputes arise among beneficiaries or heirs.

In general, Summary Administration is faster because it involves a simplified process, while Formal Administration usually takes longer because it requires more court supervision, creditor notice, asset management, and final approval before the estate can be closed.

Typical Florida probate timelines include:

• Summary Administration: Approximately 1–3 months
• Formal Administration: Approximately 6–12 months
• Contested Estates: Longer depending on the issues involved

Delays may occur when documents are missing, estate assets are difficult to value, real estate must be sold, creditors file claims, taxes must be resolved, or family members disagree about how the estate should be handled.

5. What Does Probate Cost in Florida?

Probate costs in Florida vary depending on the size of the estate, the type of administration required, the assets involved, and whether the case includes disputes, creditor issues, or real estate complications.

Families should understand that probate costs are not limited to attorney’s fees. The estate may also be responsible for court expenses, publication costs, administrative fees, and compensation for the personal representative.

Common Florida probate expenses may include:

• Court filing fees
• Attorney’s fees
• Publication costs
• Personal representative fees
• Administrative expenses

Attorney fee guidelines are addressed under §733.6171, Fla. Stat. , which provides presumed reasonable fee guidelines based on the value of the estate.

While probate costs are an important consideration, proper legal guidance can often help families avoid more expensive delays, filing mistakes, and disputes later in the process.

6. Why Working With a Florida Probate Attorney Matters

The Florida probate process involves strict legal requirements, deadlines, and court procedures that can quickly become overwhelming.

• Avoid delays
• Ensure compliance with Florida law
• Resolve disputes
• Protect estate assets
• Guide the personal representative

Learn more about our probate and estate administration services .

7. Final Takeaway

The Florida probate process is designed to ensure estates are handled properly, debts are paid, and assets are distributed according to Florida law.

Understanding the process early and getting experienced legal guidance can help families avoid unnecessary delays and reduce stress during a difficult time.

Legal Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified Florida probate attorney regarding your specific situation.