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Learn how the Florida probate process works—timelines, costs, personal representative duties, and next steps for families in Miami-Dade, Broward, and Palm Beach.
Introduction: Compassion Meets Clarity
Losing a loved one is never easy—especially when you’re suddenly faced with paperwork, deadlines, and court forms you’ve never seen before.
If you’ve recently lost someone who lived or owned property in Florida, you may need to go through probate, the court-supervised process of transferring their assets.
As a Certified Probate Specialist serving South Florida, my goal is to make this process clear, manageable, and less stressful for families navigating what comes next.
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What Is Probate in Florida?
Probate is the legal process used to identify and gather a deceased person’s assets, pay any valid debts, and distribute what remains to the rightful heirs or beneficiaries.
Florida law requires probate when:
The person owned assets solely in their name (no joint owner or beneficiary), or the assets weren’t placed into a trust during their lifetime.
Where to file:
Probate takes place in the county where the person lived at the time of death—for example, Miami-Dade, Broward, or Palm Beach County.
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Do You Always Need Probate?
Not always. Some assets bypass probate automatically, such as:
Life insurance or retirement accounts with named beneficiaries
Jointly owned real estate with right of survivorship
Bank or brokerage accounts marked “POD” (Payable on Death) or “TOD” (Transfer on Death)
Assets held in a properly funded living trust
If the estate includes property solely in the decedent’s name, you’ll likely need probate to transfer title legally.
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The Two Main Types of Florida Probate
1. Summary Administration
A simplified process used when:
The estate’s value (minus exempt property) is under $75,000, or the decedent has been deceased for more than two years.
It’s faster—often completed within a few months—and doesn’t require appointing a personal representative.
2. Formal Administration
Required for most estates.
A Personal Representative (PR)—sometimes called an executor—is appointed by the court to manage the estate from start to finish.
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Who’s Involved in Probate
Personal Representative (PR): Responsible for gathering assets, notifying creditors, paying bills, and distributing property.
Attorney for the PR: Guides filings, ensures compliance, and communicates with the court.
The Court: Reviews filings and issues official orders.
Beneficiaries or Heirs: Receive notice, updates, and ultimately, their share of the estate.
> Tip: The PR should always open a separate estate bank account—never mix personal and estate funds.
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Florida Probate Timeline: Step-by-Step
Step 1: File the Petition
Start by filing a petition with the Clerk of Court in the county where the decedent lived. This opens the estate.
Step 2: Appointment of the Personal Representative
Once approved, the court issues Letters of Administration, officially authorizing the PR to act on behalf of the estate.
Step 3: Notify Creditors and Beneficiaries
The PR must:
Publish a Notice to Creditors in a local newspaper.
Send formal notice to all known creditors.
Creditors then have three months from the date of publication to file claims.
Step 4: Identify, Value, and Protect Assets
The PR gathers information on real estate, vehicles, bank accounts, investments, and personal items—filing an inventory with the court.
During this time, the PR should secure property, maintain insurance, and protect assets.
Step 5: Handle Claims and Expenses
The PR pays valid claims, administrative expenses, and taxes. Invalid or expired claims can be contested with court approval.
Step 6: Distribute Assets and Close the Estate
Once all debts are resolved, the PR files a final accounting, distributes remaining assets to heirs or beneficiaries, and requests the court’s discharge order to officially close the estate.
> Average timeframe:
Summary Administration → 2–4 months
Formal Administration → 6–12 months (or longer if disputes arise)
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Homestead and Real Estate in Florida Probate
Florida’s homestead laws provide strong protections for a decedent’s primary residence, often keeping it exempt from creditors and ensuring it passes directly to family members.
However, when a home must be sold during probate:
The sale typically requires a court order (if not specifically authorized in the will).
Title companies and buyers will need certain probate documents before closing.
> Pro Tip: Working with a Probate-Certified Realtor helps ensure the property sale meets all court and title requirements—saving time and avoiding costly delays.
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Costs and Fees to Expect
Typical expenses include:
Court filing fees ($400–$500 range)
Newspaper publication for creditor notice ($100–$200)
Attorney fees (set by Florida statute as a percentage of estate value)
Personal Representative compensation (also governed by statute)
Good recordkeeping by the PR helps minimize costs and keeps everything transparent for beneficiaries.
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Common Mistakes to Avoid
Mixing estate and personal funds
Missing creditor deadlines
Failing to file the inventory on time
Forgetting to claim Florida’s homestead exemption
Attempting DIY probate filings without understanding the rules
> Even small paperwork errors can cause costly delays—professional guidance keeps the process compliant and efficient.
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Frequently Asked Questions
How long does probate take in Florida?
Summary cases may finish in a few months; formal administrations often take 6–12 months depending on complexity.
Do I need a lawyer for probate?
Yes, Florida law generally requires attorney representation for formal administration to ensure compliance with court rules.
Can a house be sold before probate is completed?
Yes, if the PR is authorized and required notices are filed. Court approval may still be needed depending on the will and county.
What happens if there’s no will?
Florida’s intestacy laws decide who inherits, prioritizing spouses and children.
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Free Resource for Families
🎁 Download: “Florida Personal Representative 30-Day Checklist”
A simple, step-by-step guide to help you stay organized during the first month of probate.
Final Thoughts
Probate doesn’t have to feel overwhelming. With the right information—and the right support—you can protect your loved one’s legacy and move forward confidently.
If you’re navigating probate in Miami-Dade, Broward, or Palm Beach County, I can help you understand your options and guide you through every step.
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📞 Call to Action
Need clarity on your next step?
Contact me today for a free probate consultation. I’ll review your situation and outline the process, timeline, and strategy that best fits your family’s needs.
Serving Miami-Dade, Broward, and Palm Beach Counties as a Certified Probate Specialist.
