Probate

What Is Probate?

Probate is the legal process through which a deceased person's estate is settled under court supervision. The probate court validates the will (if one exists), appoints a personal representative to manage the estate, oversees the inventory of assets, ensures debts and taxes are paid, and authorizes the distribution of remaining assets to the beneficiaries or heirs.

Florida Probate Process

Florida probate is governed by the Florida Probate Code, Chapters 731 through 735, Florida Statutes. The process typically follows these steps:

1. Filing the petition — The petition to open probate is filed with the circuit court in the county where the decedent lived. The original will (if one exists) is deposited with the clerk.
2. Appointment of personal representative — The court appoints the person named in the will (or a qualified person if there is no will) to serve as personal representative.
3. Notice to creditors — The personal representative publishes a notice to creditors in a local newspaper, starting a 90-day claims period during which creditors must file claims against the estate.
4. Inventory and accounting — The personal representative identifies and values all estate assets, files an inventory with the court, and manages the assets during administration.
5. Payment of debts and taxes — Valid creditor claims, final income taxes, and any estate taxes are paid from estate funds.
6. Distribution — After debts are paid and the claims period expires, remaining assets are distributed to beneficiaries according to the will or Florida's intestate succession laws.
7. Closing — The personal representative files a final accounting and petition for discharge. The court closes the estate.

Types of Florida Probate

• Formal administration — Required for estates valued over $75,000 or when the decedent died less than 2 years ago. Takes 6 to 18 months on average.
• Summary administration — Available for estates valued at $75,000 or less (excluding homestead and exempt property), or when the decedent died more than 2 years ago. Faster and simpler.
• Disposition without administration — For very small estates with only exempt property and no non-exempt assets.

How to Avoid Probate in Florida

Common probate avoidance strategies include:

• Revocable living trusts — Assets in the trust bypass probate entirely.
• Beneficiary designations — Life insurance, retirement accounts, and payable-on-death bank accounts pass directly to named beneficiaries.
• Joint ownership with right of survivorship — Property automatically passes to the surviving owner.

Related Terms

• Personal Representative — The person who manages the probate estate
• Living Trust — The primary tool to avoid probate
• Intestate — Dying without a valid will
• Executor — Another term for personal representative
• Ancillary Probate — Probate for out-of-state property

Barnes Walker Probate Services

Barnes Walker's estate planning and probate attorneys handle formal and summary administration throughout Manatee, Sarasota, and surrounding counties. The firm coordinates probate with its in-house title company when real property must be sold or transferred as part of estate settlement. Request a legal inquiry for assistance.

Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC