How to Start the Probate Process in Florida After a Loved One Passes

How to Start the Probate Process in Florida After a Loved One Passes

When someone close to you passes away in Florida, their estate often must go through probate before assets can be distributed. The process can be complex, especially during an emotional time, but knowing where to begin helps avoid unnecessary delays. Working with a Florida probate attorney ensures legal requirements are met and protects you from costly mistakes. Whether there’s a will or not, the probate court needs specific steps followed. Let’s walk through how the process starts and what you’ll need along the way.

Confirm Whether Probate Is Required

Not every estate needs to go through formal probate in Florida. The first step is determining what kind of administration is necessary, if any at all.

• Small estates with no real property may qualify for Disposition Without Administration

• Estates valued under $75,000 might be eligible for Summary Administration

• Larger estates typically require Formal Administration

• Assets held in trust or with designated beneficiaries may pass outside probate

• Consulting an attorney early helps determine the right path

Locate and File the Will

If your loved one had a will, Florida law requires it be filed with the clerk of court in the county of their residence within 10 days of learning about the death.

• Even if probate is not started right away, the will must still be filed

• The original signed will (not a copy) is required to open a case

• If the will names a personal representative, they must petition the court for appointment

• If no will exists, the estate is considered intestate and handled under Florida statutes

• Filing the will early prevents disputes or delays in later stages

Identify the Proper Court

The probate case must be filed in the circuit court of the Florida county where the deceased person lived.

• Each Florida county has a probate division within its circuit court

• Filing in the wrong county could delay or void the process

• The personal representative typically opens the case through their attorney

• Courts charge a filing fee that varies by location

• Our firm routinely files probate cases across Florida and helps confirm correct jurisdiction

Petition for Administration

To officially begin probate, a petition for administration must be filed along with supporting documents.

• The petition requests that the court appoint a personal representative (executor)

• Required documents include the death certificate, will (if any), and proof of residency

• The court may issue “Letters of Administration” to give the representative authority

• Notices must be sent to beneficiaries and creditors

• Filing properly and promptly helps secure the estate and reduce legal risk

Notify Beneficiaries and Heirs

Florida law requires that all interested parties be notified about the probate proceeding.

• Formal notice must go to all beneficiaries named in the will

• If there is no will, legal heirs must be identified and notified

• Proper service of notice gives them a chance to contest or respond

• Notices are typically served by mail or publication in local newspapers

• Failure to notify correctly can lead to legal challenges later on

Inventory and Secure the Assets

Once appointed, the personal representative must take inventory of all assets subject to probate.

• This includes real estate, bank accounts, personal property, and business interests

• The inventory must be filed with the court within 60 days in most cases

• Securing assets prevents loss or misuse during administration

• Property must be valued using market data or formal appraisals

• Our attorneys help representatives comply with inventory rules and protect the estate

Address Debts and Creditor Claims

Before beneficiaries receive any inheritance, the estate’s debts must be paid or resolved.

• Florida requires publishing a “Notice to Creditors” in a local paper for at least two weeks

• Known creditors must be notified directly

• Creditors typically have 90 days to file a claim after publication

• The representative can dispute claims or settle valid ones

• Failing to handle claims properly could expose the estate to lawsuits

Distribute the Estate and Close the Case

Once all debts, taxes, and obligations are resolved, the estate can be distributed and closed.

• The personal representative files a final accounting with the court

• Beneficiaries receive assets according to the will or state law

• The court issues an order of discharge to formally end the process

• Remaining documents are archived with the clerk of court

• We ensure proper disbursement and help with legal closure to prevent future issues

FAQs: Starting the Probate Process in Florida

How soon after someone passes should probate be started?

Florida doesn’t impose a strict deadline, but it’s best to begin probate shortly after death to secure the estate and prevent complications. Most families start within a few weeks. Delays can lead to creditor claims, property deterioration, or family disputes.

What happens if there is no will?

If no will exists, the estate is considered intestate. Florida law then decides who inherits, usually starting with the spouse and children. A personal representative is still appointed, and probate follows the same core steps.

Can probate be avoided?

Yes, through tools like revocable living trusts, joint ownership, or naming beneficiaries on accounts. However, if these aren’t in place before death, probate is often necessary. We can help you understand your options for avoiding it in future planning.

How long does the probate process take?

Summary administration might take a few months, while formal administration can take 6–12 months or longer. Delays often arise from creditor claims, property sales, or disputes among heirs. Working with an attorney helps streamline the timeline.

Do all assets go through probate?

No, only assets in the decedent’s name alone typically pass through probate. Joint accounts, retirement plans with named beneficiaries, and trust assets usually avoid probate. Part of our role is determining which assets are included.

What is a personal representative?

This is the person or institution appointed by the court to manage the estate during probate. They collect assets, pay debts, and distribute property. Florida law outlines who can serve, and we help clients fulfill these responsibilities legally.

Is a probate attorney required?

Florida doesn’t always require an attorney for summary administration, but most formal administrations do. Even for smaller estates, legal help can avoid missteps that cost time and money. Our firm offers guidance tailored to your case.