To open a probate estate in Florida, an interested party (usually the named personal representative) files a petition for administration with the circuit court in the county where the decedent lived, along with the original will and a certified death certificate. The court then issues “Letters of Administration,” the order that gives the personal representative legal authority to gather assets, pay creditors, and distribute what remains. In most Florida estates, you must be represented by an attorney to file formal administration under the probate rules.
That is the short version. The longer version matters, because the way you open the estate determines how smoothly the next nine to eighteen months go, especially when the estate holds Florida real property. Below is how we walk Boca Raton families through it.
What “opening” a probate estate actually means
People say “open probate” as if it were one event. It is really a sequence: choosing the right type of administration, filing the opening petition, getting a personal representative appointed, and obtaining Letters. Until the court signs that order, nobody has authority to sell a house, access a frozen account, or sign a deed. I have seen heirs try to list a property before Letters issue, only to have the title company refuse to close. The estate is not “open” in any useful sense until the court has acted.
Florida probate is governed primarily by Chapter 733 of the Florida Statutes and the Florida Probate Rules. The county circuit court’s probate division handles the case. Which division depends on the decedent’s legal residence at death, or, for a nonresident who owned Florida real estate, the county where that property sits.
Step 1: Figure out which kind of probate you need
Before you file anything, identify the path. Florida offers three main routes, and choosing wrong wastes weeks.
- Formal administration — the standard process for estates that are larger, hold real property other than protected homestead, have unknown or contested creditors, or need a personal representative with ongoing authority. This is what most real-property-heavy estates require.
- Summary administration — available under Florida Statutes § 735.201 when the value of the probate estate (excluding exempt homestead) is $75,000 or less, or the decedent has been dead more than two years. There is no personal representative; instead the court enters an order distributing assets directly.
- Disposition without administration — a narrow option for very small estates where the only assets are exempt property or reimbursement of final expenses.
For a Boca Raton estate built around a condo on the Intracoastal, a homestead off Federal Highway, or a rental in Royal Palm Place, you are usually looking at formal administration. Real property generally needs a personal representative who can be authorized to sell or convey it, and summary administration does not appoint one.
Where the will fits in
If there is a will, the original document must be deposited with the clerk of court within 10 days of learning of the death, per Florida Statutes § 732.901. A photocopy will not do for opening the estate without extra proof; the court wants the original. If you cannot locate it, that becomes its own threshold problem, since Florida presumes a missing will that was last in the testator’s possession was revoked. Track down the original early.
Step 2: Identify and qualify the personal representative
The will usually names a personal representative (Florida’s term for an executor). If it does not, or the named person cannot serve, Florida Statutes § 733.301 sets the order of preference, with the surviving spouse and then the person selected by a majority of the heirs generally taking priority in an intestate estate.
Florida is strict about who may serve. Under sections 733.302 through 733.304, a personal representative must generally be a Florida resident, or, if a nonresident, must be a close relative such as a spouse, child, parent, or sibling (or a relative of those people). A friend who lives in New Jersey cannot serve simply because the will named them. Convicted felons and minors are disqualified. Sorting this out before filing avoids an embarrassing objection later.
Step 3: File the petition for administration
This is the document that opens the case. The petition for administration, filed under Florida Statutes § 733.202, identifies the decedent, the proposed personal representative, the heirs and beneficiaries, and a description of the estate assets and their approximate value. Filed alongside it you will typically see:
- The original will, if one exists, plus any codicils;
- A certified copy of the death certificate (often with the cause of death redacted for the public file);
- An oath of personal representative and a designation of resident agent;
- If a bond is required, proof of bond, though many wills waive it;
- The proposed order admitting the will to probate and appointing the personal representative.
In Palm Beach County, these are filed electronically through the Florida Courts E-Filing Portal and routed to the probate division in West Palm Beach. The clerk assigns a case number, and the file is sealed from broad public view in the way Florida treats probate records, though interested persons can access it.
Step 4: Get appointed and obtain Letters of Administration
If the petition is in order and the will is self-proved or otherwise properly proven, the judge signs an order admitting the will and appointing the personal representative. The clerk then issues Letters of Administration. This is the document the rest of the world actually wants to see. Banks, brokerages, title companies, and county recorders rely on the Letters, not the will, to confirm authority.
For real-property estates this is the pivot point. Once Letters issue, the personal representative can be authorized to list and sell estate real estate, sign the deed, and convey clean title. Without that order, a sale stalls. The probate of estate administration in another state, such as New York, follows a parallel logic; our colleagues describe the New York version of this process in their overview of , and the broad strokes (petition, appointment, letters) rhyme with Florida even though the statutes differ.
Step 5: Notify creditors and start the clock
Opening the estate also starts Florida’s creditor process, which is one of the main reasons probate exists. The personal representative must promptly publish a Notice to Creditors and serve known or reasonably ascertainable creditors directly. Under Florida Statutes § 733.702 and § 733.710, creditors generally have the later of three months from first publication or 30 days from service to file a claim, with a hard two-year outer bar from the date of death.
This is not busywork. A properly run notice process is what lets the personal representative eventually distribute real property and cash without personal liability hanging over their head. Skip it and you can be chased years later.
Why real-property estates demand extra care at the opening stage
Most generic probate guides treat the house as just another line on the inventory. In Boca Raton, where the largest asset is often a residence or investment property, the opening decisions ripple outward.
Homestead has to be flagged immediately
Florida’s homestead protections, rooted in Article X, Section 4 of the Florida Constitution, can pull the primary residence outside the probate estate entirely and pass it to heirs free of most creditors. But homestead status is not automatic in the paperwork; the personal representative usually petitions the court to determine homestead. Getting this characterization right at the opening shapes whether the home is shielded from creditors or exposed to them. A condo used as a winter residence versus a year-round homestead can be treated very differently.
Title, liens, and ongoing costs do not pause
From the day of death, the mortgage, the HOA dues at a place like Boca Pointe, the property taxes, and the windstorm insurance keep running. Part of opening the estate well is getting the personal representative appointed quickly enough to keep those current and avoid a foreclosure or a lapsed policy on a six-figure asset. We often prioritize the petition specifically to protect a vulnerable property.
Out-of-state owners and ancillary probate
Boca Raton is full of properties owned by people whose legal home was somewhere else, frequently New York. When a New York resident dies owning a Florida home, the main estate is administered up north and an ancillary administration is opened in Florida under Chapter 734 just to handle the Florida real estate. If the family is coordinating a primary estate elsewhere, our New York counterparts handle the home-state side, and you can read their explanation of how disputes over the document itself arise in their piece on . For the Florida property, you can also review the local to see how the ancillary case fits together.
How long does it take to open a Florida estate?
Opening, meaning getting Letters issued, can happen within a few weeks of filing if the will is self-proved, the personal representative is qualified, and no one objects. Administering and closing the estate, by contrast, usually takes nine to eighteen months because of the creditor period, tax filings, and any property sale. Contested matters, missing wills, or homestead fights stretch that timeline. The cleaner the opening, the faster the rest.
What to gather before you call a probate attorney
- The original will and any codicils;
- A certified death certificate;
- A list of assets, especially deeds for any Florida real property and recent mortgage and HOA statements;
- Names and addresses of heirs and beneficiaries;
- Any known debts, medical bills, or pending lawsuits.
Having these in hand lets us file the petition for administration faster and avoid the back-and-forth that delays appointment. If you are still mapping out your own plan, our notes on wills and estate documents and our broader Florida probate overview are good next reads, and you can always reach us through our contact page to discuss a specific estate.
The bottom line
Opening a probate estate in Florida is a defined legal sequence: pick the right administration type, deposit the original will, qualify and petition to appoint the personal representative, obtain Letters of Administration, and start the creditor clock. For Boca Raton estates anchored by a home or investment property, the opening choices around homestead, title, and ancillary administration are where value is protected or lost. Do that part carefully and the rest of the estate tends to follow without drama.
Frequently Asked Questions
Do I need a lawyer to open a probate estate in Florida?
In most cases, yes. Florida Probate Rule 5.030 generally requires a personal representative to be represented by an attorney in formal administration, unless the personal representative is the sole interested person. Even where it is technically optional, the creditor notice process, homestead determinations, and real-property conveyances make counsel the practical norm, especially in estates with a home or investment property.
What is the difference between formal and summary administration?
Formal administration appoints a personal representative who receives Letters of Administration and manages the estate over time; it is required for most estates with real property or significant value. Summary administration, available under Florida Statutes 735.201 when the probate estate is $75,000 or less or the decedent died more than two years ago, skips appointing a personal representative and instead has the court order distribution directly.
How long does it take to get Letters of Administration in Florida?
If the will is self-proved, the proposed personal representative is qualified, and no one objects, Letters can be issued within a few weeks of filing the petition for administration. Complications such as a missing original will, a disqualified representative, creditor disputes, or a homestead contest can extend that timeline considerably.
What happens if the decedent lived out of state but owned a Boca Raton home?
The primary estate is administered in the decedent’s home state, and Florida opens an ancillary administration under Chapter 734 to handle the Florida real property. This ancillary case is what allows a personal representative to be authorized to sell or convey the Boca Raton property with clean title.
Where is a Florida probate estate filed?
It is filed with the circuit court probate division in the county where the decedent legally resided at death. For a nonresident who owned Florida real estate, the ancillary case is filed in the county where that property is located. Palm Beach County estates, including Boca Raton, are filed electronically and handled through the West Palm Beach probate division.
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For more on our Florida practice, see our overview of probate and estate administration in Florida. Morgan Legal Group's affiliated New York office also handles .
