The Probate Process, Step by Step

If you have just been handed the job of settling a loved one’s estate in Boca Raton, the road ahead can feel like a maze. It helps to see the whole map first. Florida probate follows a fairly predictable sequence, governed by the Florida Probate Code (Chapters 731 to 735) and handled through the Palm Beach County Circuit Court. Here is what the journey looks like, step by step.

Step 1: Locate the Will and Open the Case

The original will (not a copy) must be deposited with the clerk of court in the county where the person lived. For most Boca Raton residents that is Palm Beach County. A petition for administration is then filed to formally open the estate. If there is no will, the case still opens, just as an intestate estate.

Step 2: Appoint the Personal Representative

The court reviews who is nominated to serve as personal representative (Florida’s word for executor). A will usually names this person; if not, statute sets priority, often the surviving spouse or a majority of heirs. Once approved, the judge issues Letters of Administration. This document is what gives the representative legal authority to act. Most personal representatives hire a Florida attorney here, and in formal administration the law generally requires one.

Step 3: Notify Beneficiaries and Creditors

The personal representative sends notice to beneficiaries and heirs. Just as importantly, a Notice to Creditors is published, often in a Palm Beach County legal newspaper, and mailed to known creditors. This starts the clock: creditors generally have a limited window (commonly three months from first publication, or less for those directly served) to file claims against the estate.

Step 4: Inventory the Assets

Within the deadline set by the rules, the representative files an inventory listing the estate’s probate assets and their date-of-death values. For a Boca Raton estate this might include a condo, a bank account, or a brokerage account. Assets with named beneficiaries or held in a trust under Chapter 736 are not part of this inventory because they pass outside probate.

Step 5: Pay Debts, Claims, and Expenses

The representative reviews creditor claims, pays valid ones, and may object to questionable ones. Final bills, funeral costs, and administration expenses are settled in the priority order Florida law sets. Remember, Florida has no state estate or inheritance tax, so the focus is on legitimate debts, not a state death tax.

Step 6: Handle Homestead and Special Property

Florida’s homestead protection (Article X, Section 4 of the state constitution) often requires a separate court order confirming that the primary residence passes free of creditor claims to a spouse or children. This step is unique to Florida and is easy to overlook.

Step 7: Distribute and Close

Once debts are paid and any disputes resolved, the representative distributes remaining assets to the beneficiaries named in the will or to heirs under intestacy. A final accounting and a petition for discharge are filed, and the court formally closes the estate, releasing the representative from further duty.

Talk to a Florida Attorney

While this is the standard sequence, real estates rarely march in a perfect straight line. Missed deadlines, contested claims, or homestead questions can stall things quickly. If you are administering an estate in Boca Raton, consult a licensed Florida probate attorney to make sure each step is handled correctly and on time.