How Florida Probate Works: A Step-by-Step Overview

Florida probate is the court-supervised process of identifying a deceased person’s assets, paying their valid debts and taxes, and transferring what remains to the heirs or beneficiaries. It is governed by Chapters 731 through 735 of the Florida Statutes and administered through the circuit court in the county where the decedent lived. For most Boca Raton families, probate becomes necessary the moment a loved one dies owning real property or a bank account in their name alone, with no beneficiary designation to carry it past the courthouse.

I have walked a lot of Palm Beach County families through this process, and the part that surprises people most is how much of it turns on real estate. A house, a condo on the Intracoastal, a piece of raw land up in the panhandle inherited from a parent — these are the assets that most often force an estate into formal probate, and they are the ones that reward careful handling. This overview walks through how Florida probate actually works, step by step, with an eye toward the property-heavy estates that are common in South Florida.

When Is Probate Required in Florida?

Not every death triggers probate. Probate is only needed for probate assets — property that the decedent owned in their sole name with no surviving co-owner and no built-in transfer mechanism. The following typically pass outside of probate and never see a courtroom:

• Real estate held as joint tenants with right of survivorship or as tenancy by the entirety between spouses
• Bank or brokerage accounts with a payable-on-death (POD) or transfer-on-death (TOD) designation
• Life insurance and retirement accounts (IRAs, 401(k)s) with a named living beneficiary
• Assets titled in the name of a properly funded revocable living trust
• A Florida homestead that passes by operation of law to a surviving spouse or lineal heirs

Everything else generally has to be administered. A solely owned home, a single-name CD, a car titled only to the decedent, a personal-injury claim — these are the assets probate exists to move. One important wrinkle for our area: Florida homestead property enjoys constitutional protection and special descent rules under Article X, Section 4 of the Florida Constitution. Homestead is not a probate asset in the ordinary sense, but the court usually still needs to enter an order determining that the property qualifies as homestead before a title company will insure a sale. That step trips up a lot of do-it-yourself estates.

The Two Main Types of Florida Probate

Florida offers two principal paths, and choosing the right one is the first real decision in any case.

Formal Administration

Formal administration under Chapter 733 is the full process. It is required when the probate estate exceeds $75,000 in non-exempt assets, or when the death occurred within the last two years, or whenever a personal representative needs court-issued Letters of Administration to act — for example, to sign a deed, list a house, or deal with a title insurer. The vast majority of estates with real estate go through formal administration.

Summary Administration

Summary administration (Sections 735.201–735.2063) is the streamlined route. It is available when the probate estate is worth $75,000 or less, or when the decedent has been dead for more than two years. There is no personal representative appointed and no Letters issued; instead the court enters an order distributing the assets directly. It is faster and cheaper, but it puts more burden on the petitioners to identify and notify creditors, and it does not work well when ongoing management of property is needed.

There is also a narrow third option — disposition without administration — reserved for very small estates with no real property, where the only assets are exempt or were consumed by final illness and funeral expenses. For a deeper look at the formal track and how it compares across states, Morgan Legal’s overview of is a useful companion read, even though the procedural rules differ from state to state.

How Florida Probate Works: The Step-by-Step Process

Here is the sequence a formal administration generally follows. Timelines vary, but a clean estate often takes six to twelve months; a contested one or a complicated sale can run well beyond that.

1. File the petition and deposit the will. Whoever holds the original will must deposit it with the clerk of court within ten days of learning of the death (Fla. Stat. § 732.901). A petition for administration is filed in the circuit court for the county of residence — for Boca Raton residents, that is Palm Beach County.
2. Appoint the personal representative. The court reviews the will’s nominee (or applies the statutory priority order if there is no will) and issues Letters of Administration. These Letters are the personal representative’s legal authority — nothing meaningful can be sold or signed without them.
3. Identify, secure, and value the assets. The personal representative inventories everything in the estate and files a verified inventory with the court within 60 days of appointment. For real property, this is where a date-of-death appraisal matters, both for the eventual sale and for the stepped-up basis the heirs will rely on at tax time.
4. Notify creditors. The personal representative publishes a Notice to Creditors and serves known or reasonably ascertainable creditors directly. Most creditors then have three months from first publication to file a claim (Fla. Stat. § 733.702); the outside limit is two years from the date of death under Section 733.710.
5. Pay debts, taxes, and expenses. Valid claims, final income taxes, and administration costs are paid in the statutory order of priority. Florida has no state estate or inheritance tax, but a federal estate tax return may be required for larger estates.
6. Handle the real estate. This is the heart of most South Florida estates — insuring the property, paying the taxes and association dues, and either distributing it to the heirs by deed or selling it and distributing the proceeds. A court order determining homestead status is frequently the gatekeeper to a clean closing.
7. Distribute the remaining assets. Once debts and expenses are settled, the personal representative distributes what is left according to the will or, if there is no will, Florida’s intestacy statute (Chapter 732).
8. Close the estate. The personal representative files a final accounting and a petition for discharge. When the court is satisfied, it enters an order closing the estate and releasing the personal representative from further duty.

Why Real Property Makes Florida Estates More Complicated

An estate that is all cash and brokerage accounts can move quickly. Add a house, and the friction multiplies. Property does not pause while the case is pending: the mortgage still comes due, the homeowners’ or condo association still bills, hurricane-season insurance still has to be renewed, and the property taxes keep accruing. A personal representative who lets any of those lapse can create a liability for the estate and a headache for the heirs.

There are also title-specific hurdles. A title underwriter reviewing an estate sale will want to see the Letters of Administration, the order determining homestead (if applicable), proof that the creditor period was handled correctly, and sometimes court authorization for the sale itself. Skip a step and the closing stalls. These are exactly the kinds of avoidable complications that derail estates — Morgan Legal catalogs several of them in its discussion of the , and many of them have a Florida analog.

For families with property on both coasts or in multiple states, there is one more layer: ancillary administration. If a Florida resident dies owning real estate in another state, or a non-resident dies owning a vacation condo here in Florida, a separate ancillary proceeding may be required in each jurisdiction where property sits. Coordinating those proceedings is a job for counsel who handle real-property estates routinely. Our firm’s manages these multi-state matters regularly.

What Happens If There Is No Will?

Dying without a will is called dying intestate. The estate still goes through probate — the lack of a will does not avoid the process, it just removes your voice from it. Instead of following your wishes, the court distributes assets according to Florida’s intestacy scheme in Chapter 732. In broad strokes, a surviving spouse with no descendants (or only descendants shared with that spouse) inherits the entire estate; when there are children from another relationship, the spouse and the descendants split it. If there is no spouse, the estate passes to descendants, then to parents, then to siblings, and outward along the family tree.

The homestead descent rules add their own twist: a surviving spouse may receive a life estate with the descendants taking a remainder, or, by electing under Florida law, an undivided one-half interest as tenants in common. These outcomes are rarely what a family would have chosen on purpose, which is the strongest argument for putting a plan in place. If you are reading this before a death has occurred, our pages on wills and Florida probate are a good next stop.

How Much Does Probate Cost, and How Long Does It Take?

Florida law sets a presumptively reasonable attorney’s fee schedule in Section 733.6171, based on a percentage of the estate’s inventory value, though fees can be adjusted up or down for the actual work involved. On top of that, expect filing fees, publication costs, the personal representative’s compensation, appraisal fees, and any costs tied to selling property. As a rule of thumb:

• Summary administration: often a few months and a few thousand dollars in costs, for a small, simple estate.
• Formal administration: typically six to twelve months for an uncontested estate, longer if real estate must be sold, creditors contest claims, or beneficiaries disagree.

The single biggest driver of cost and delay is conflict — among heirs, with creditors, or over the validity of the will. The second biggest, in our experience, is real property that has to be cleaned up, insured, marketed, and sold while the case runs. Both are far more manageable when handled early and correctly.

When to Call a Probate Attorney

Florida does not strictly require an attorney for a do-it-yourself summary administration of the simplest estates, but formal administration practically does — the rules require the personal representative to be represented by counsel in most cases. More to the point, the moment real property, multiple heirs, out-of-state assets, or a potential will contest enters the picture, the stakes outgrow a DIY approach. A misstep on the creditor period or a botched homestead determination can cost far more than the fee to do it right.

If you have lost a loved one in Boca Raton or anywhere in Palm Beach County and you are facing an estate with a house or condo in it, the best time to get oriented is now, before deadlines start running. Reach out through our contact page to talk through your situation and map the right path — summary or formal, single-state or ancillary — for your family’s estate.

Frequently Asked Questions

How long does probate take in Florida?

A simple summary administration can wrap up in a few months. A formal administration for an uncontested estate typically takes six to twelve months, and longer if real property must be sold, creditors dispute claims, or heirs disagree. The mandatory creditor claim period alone runs three months from first publication of the notice.

Do all estates have to go through probate in Florida?

No. Only probate assets go through probate, meaning property the decedent owned in their sole name with no co-owner or beneficiary designation. Assets held jointly with right of survivorship, accounts with payable-on-death or transfer-on-death designations, life insurance and retirement accounts with named beneficiaries, and property in a funded living trust all pass outside probate.

What is the difference between summary and formal administration?

Summary administration is a streamlined process for estates worth $75,000 or less, or when the decedent has been deceased for more than two years; no personal representative is appointed. Formal administration is the full process required for larger or more recent estates and any case where the personal representative needs court-issued Letters of Administration to sell property or act on the estate’s behalf.

What happens to a house during Florida probate?

The personal representative must secure, insure, and maintain the property and keep paying taxes, mortgage, and association dues while the case is open. The home is then either distributed to the heirs by deed or sold and the proceeds distributed. If the property is Florida homestead, the court usually must enter an order determining homestead status before a title company will insure a sale.

Do you need a lawyer for probate in Florida?

For most formal administrations, Florida rules require the personal representative to be represented by an attorney. A simple summary administration of a very small estate can sometimes be done without one, but as soon as real property, multiple heirs, out-of-state assets, or a will contest is involved, professional guidance protects the estate from costly procedural mistakes.