Quick Answer: Probate is the court-supervised legal process of distributing a deceased person's assets in Florida. It involves validating the will, appointing someone to manage the estate, paying debts and taxes, and distributing what remains to the rightful heirs.

Probate Defined

When someone passes away in Florida, their property, bank accounts, investments, and other assets do not automatically transfer to their family members. Florida law requires a legal process called probate to ensure that debts are paid and assets are distributed correctly.

Probate is handled through the circuit court in the county where the deceased person (the "decedent") lived at the time of death. The court oversees the entire process to protect creditors, beneficiaries, and the integrity of the decedent's wishes.

What Happens During Probate

  1. Filing the petition: A family member files a petition with the circuit court to open the case. The original will is submitted at this time.
  2. Appointing a personal representative: The court appoints a personal representative to manage the estate.
  3. Inventorying assets: The personal representative identifies and values all estate assets.
  4. Notifying creditors: A Notice to Creditors is published. Florida requires a mandatory 3-month creditor claim period.
  5. Paying debts and taxes: Valid claims, taxes, and administrative expenses are paid from estate funds.
  6. Distributing assets: Remaining assets go to beneficiaries per the will or Florida's intestacy laws.
  7. Closing the estate: A final accounting is filed and the personal representative is discharged.

For a detailed walkthrough: The Probate Process From Start to Finish.

Two Types of Probate in Florida

  • Summary Administration: For estates valued at $75,000 or less (excluding homestead). Completed in 1 to 3 months.
  • Formal Administration: For larger estates. Requires a personal representative and a 3-month creditor period. Takes 6 to 12 months.

Learn the differences: Summary vs. Formal Administration.

Does Every Estate Require Probate?

No. Many assets bypass probate entirely:

  • Revocable living trusts are distributed by the trustee without court involvement.
  • Joint ownership with right of survivorship passes automatically to the surviving owner.
  • Life insurance and retirement accounts with named beneficiaries go directly to those beneficiaries.
  • Bank accounts with POD designations transfer directly.

Learn more: How to Avoid Probate in Florida. See also: Do All Estates Go Through Probate?

What Should You Do First?

  1. Locate the will. Check personal files, safety deposit boxes, and with the decedent's attorney.
  2. Gather financial documents. Bank statements, deeds, vehicle titles, insurance policies, tax returns.
  3. Identify beneficiary designations. Check life insurance, retirement accounts, and bank accounts.
  4. Contact a probate attorney. An experienced attorney can determine whether probate is needed and which type applies.

Step-by-step resource: How to Start Probate When Someone Dies.

How Long Does Probate Take?

  • Summary Administration: 1 to 3 months
  • Formal Administration: 6 to 12 months
  • Complex estates: 1 to 3+ years

Full breakdown: How Long Does Probate Take in Florida?

How Much Does Probate Cost?

Costs include court filing fees, attorney fees, personal representative compensation, and administrative expenses. Detailed breakdown: How Much Does Probate Cost in Florida?

Can You Handle Probate Yourself?

Florida law requires the personal representative in formal administration to be represented by a Florida attorney unless they are the sole beneficiary. Even summary administration involves complex filings. Learn more: Can You Do Probate Yourself in Florida?

If you need clear, practical guidance, contact our probate team or call (941) 778-7721. We handle estates across Sarasota, Manatee, and surrounding counties.

Disclaimer: This information is for general educational purposes and should not be construed as legal advice. For guidance specific to your estate, contact one of our Florida probate attorneys.