Florida Probate – Common Questions and Answers for Families
The personal representative (executor) is responsible for managing the estate. This includes filing court documents, notifying heirs and creditors, paying debts, and distributing assets as outlined in the will or state law.
Probate is required when a person dies owning assets in their name alone, without a trust, joint ownership, or beneficiary designation. The court oversees the process to ensure proper distribution and debt resolution.
Yes. Using a revocable living trust, adding beneficiary designations, and properly titling assets can help you avoid probate court and transfer assets directly to your loved ones.
Yes. Florida law typically requires the assistance of an attorney for formal administration. An attorney helps ensure the process follows state requirements, reduces delays, and protects your rights during probate.
Summary administration can take 1 to 3 months. Formal probate usually lasts 6 to 12 months, but complex or disputed cases may take longer depending on the court’s schedule and estate complications.
It depends on the value and complexity of the estate. Smaller estates may qualify for summary administration, while larger or contested estates usually require formal administration. Extremely small estates may be eligible for disposition without administration.
Florida Probate Process Explained
If someone passes away in Florida with assets in their name alone, those assets may go through probate. Understanding how the process works can help your family prepare, avoid delays, and make informed decisions during a difficult time.
What Is Probate?
- Probate is a court-supervised process for identifying, valuing, and distributing a person’s assets after death
- It applies to property not held in a trust, not jointly owned, or lacking a beneficiary designation
- The court ensures debts are paid and legal heirs receive what they’re entitled to
When Is Probate Required in Florida?
- The deceased owned assets in their name alone
- There is no living trust or transfer-on-death arrangement
- The estate exceeds Florida’s small estate limit for simplified probate
Types of Probate in Florida
- Formal Administration – Used for larger or more complex estates, handled in circuit court
- Summary Administration – A quicker, simplified process available for smaller estates under $75,000 or when the person has been deceased for more than two years
- Disposition Without Administration – Available for very small estates with only minimal assets
Steps in the Florida Probate Process
- File a petition with the circuit court
- Appoint a personal representative (executor)
- Notify beneficiaries, creditors, and interested parties
- Inventory and appraise all estate assets
- Pay valid debts, taxes, and expenses
- Distribute the remaining assets to beneficiaries
- Close the estate with final accounting and court approval
How Long Does Probate Take?
- Summary administration: 1 to 3 months
- Formal probate: 6 to 12 months on average
- Contested or complex estates may take longer
Timeframes depend on court backlogs, disputes, and how organized the estate is when probate begins.
How to Avoid Probate Headaches
- Use a revocable living trust to transfer assets outside of probate
- Ensure all bank accounts and retirement funds have updated beneficiaries
- Keep property properly titled and documented
Learn more on our Avoiding Probate in Florida page or visit our Estate Planning Checklist for full planning guidance.
Serving Tampa Families with Probate Guidance
- We simplify the probate process from start to finish
- We help families understand their rights and responsibilities
- We provide clear answers and step-by-step legal direction
Whether you’re settling an estate or planning ahead to help your loved ones avoid court, we’re here with clarity and compassion.