Florida probate is the legal process of administering the estate of a deceased person, ensuring that their debts are paid, and their assets are distributed according to their will or Florida law. Understanding the Florida probate process can help you navigate this complex procedure with confidence.

Let us share just a few key steps with you right here on our blog.

Step 1. Filing the Petition. The probate process begins with filing a petition with the probate court in the county where the deceased person lived. This petition requests the court to formally open the probate case and appoint a personal representative (executor/executrix) to manage the estate. Your attorney can help you do this to ensure that all those involved who need to be noticed are.

Step 2. Notifying Heirs and Beneficiaries. Once the petition is filed, the court will issue letters of administration, granting the personal representative the authority to act on behalf of the estate. With the help of their attorney, the personal representative must notify all heirs, beneficiaries, and creditors of the probate proceedings.

Step 3. Inventorying the Estate. The personal representative is responsible for identifying, locating, and valuing all assets of the estate. This includes real estate, bank accounts, investments, personal property, and any other assets owned by the deceased.

Step 4. Paying Debts and Taxes. The personal representative must pay any outstanding debts and taxes owed by the estate. This includes notifying creditors, settling claims, and filing final income tax returns. If the estate does not have enough assets to cover these obligations, the court will prioritize payments according to Florida law.

Step 5. Distributing the Assets. After debts and taxes are paid, the personal representative distributes the remaining assets to the beneficiaries according to the terms of the will or Florida’s intestacy laws if there is no will. This distribution must be approved by the court.

Step 6. Closing the Estate. Once all assets are distributed, and all duties of the personal representative are fulfilled, a final accounting is submitted to the court. The court reviews the accounting, and if everything is in order, the estate is officially closed, and the personal representative is discharged from their duties.

It is important to know that there is more than one type of probate in Florida. The state of Florida has three main types of probate administration.

1. Formal Administration. The standard probate process for larger estates or when there are complexities that require court supervision.
2. Summary Administration. A simplified probate process available for smaller estates with a total value of less than $75,000 or when the deceased has been dead for more than two years.
3. Ancillary Administration. This process is required when a non-Florida resident dies owning property in Florida. Ancillary administration allows the Florida property to be administered under Florida law while the primary probate process occurs in the deceased’s home state.

We know this blog may raise more questions than it answers. We also know navigating the Florida probate process can be both emotionally daunting and complex as well as time-consuming.

If you need assistance with probate, including ancillary administration, or have questions about the process, schedule a free 30-minute initial meeting with our legal team to discuss your specific situation and ensure that your loved one’s estate is handled properly.  We welcome you to schedule a free 30-minute initial meeting with our legal team to discuss your needs.