Probate and Estate Administration

Understanding How Probate Works in Florida

When someone passes away in Florida, their estate often needs to go through a court‑supervised process known as probate. Probate ensures that the person’s assets are properly identified, their debts are addressed, and whatever remains is distributed to the rightful beneficiaries. Although the process may seem intimidating, understanding the basics can make it far more manageable.

Who Can Open a Probate Case?

In Florida, any interested party can file to open a probate case. This includes:

• Beneficiaries
• Creditors
• The person named as personal representative in the will
• Anyone reasonably affected by the outcome of the estate

Any of these individuals may serve as the petitioner who initiates the case.

A probate case officially begins when a Petition for Administration is filed with the court.

Types of Probate in Florida

Florida recognizes two primary forms of probate:

1. Formal Administration

This is the most common type of probate. It is required when:

• The estate is worth more than $75,000, or
• A personal representative must be appointed

Formal administration is the standard process for most estates.

2. Summary Administration

This simplified process is available only when:

• The estate is worth less than $75,000, or
• The decedent has been deceased for more than two years

Summary administration is faster and less expensive, but it is not appropriate for every situation.

Testate vs. Intestate Estates

Understanding whether the decedent had a will determines who has priority to serve as personal representative.

• Testate means the person had a will.
  • The person named in the will has first priority to serve as personal representative.
• Intestate means the person did not have a will.
  • Priority goes first to the spouse, then to the children.
  • If there are multiple children, the majority may select who will serve.

What Probate Is Designed to Accomplish

Probate has two primary goals:

1. Locate and distribute assets to the individuals entitled to receive them
2. Identify and notify creditors, giving them an opportunity to file claims

On average, probate in Florida lasts four to eight months, though more complex cases can take longer.

Creditor Deadlines and Claims

Creditors generally have two years from the date of death to file a claim. However, this period can be shortened:

• If a creditor is served with a Notice to Creditors, they have 30 days to file a claim.
• Creditors who cannot be located must be notified by publication, which triggers a 90‑day claim period from the first publication date.

Once all creditor deadlines have passed and the estate’s business is complete, the estate can move toward closing and distributing any remaining assets.

Summary

Probate is a structured process designed to protect both beneficiaries and creditors while ensuring the decedent’s affairs are properly handled. Whether an estate requires formal administration or qualifies for summary administration, understanding the steps involved can make the experience far less stressful.