A Plain-English Guide to Probate Court for Boca Raton Families

If someone told you to file in “Surrogate’s Court,” they are describing a court that exists in New York, not Florida. Many Boca Raton residents moved here from the Northeast and bring that vocabulary with them. In Florida, probate is handled by the probate division of the Circuit Court. Here is how that court works, in plain English.

Which Court Handles Boca Raton Probate

Boca Raton sits in Palm Beach County, so probate matters are filed in the Fifteenth Judicial Circuit’s probate division. The clerk of the circuit court accepts the filings, and a circuit judge oversees the case. This is the same court system that handles guardianships and trust disputes, which is why complex family estates often stay in one place.

What the Court Actually Does

The probate court’s job is to make sure a deceased person’s affairs are wound up correctly. Specifically, it:

• Determines whether a will is valid
• Appoints a personal representative and issues Letters of Administration
• Supervises payment of debts and creditor claims
• Confirms that the right people inherit under the will or Florida’s intestacy law
• Approves the final distribution and closes the estate

The Two Main Paths

Florida law (Chapters 731-735) gives families two primary routes:

• Summary administration. A streamlined option for smaller estates, generally where probatable assets (excluding protected homestead) are modest, or when more than two years have passed since the death. No personal representative is appointed; the court simply orders assets distributed.
• Formal administration. The full process for larger or contested estates. A personal representative is appointed, creditors are notified, and the estate is administered under court supervision.

There is also a very limited “disposition without administration” for tiny estates that only have exempt property and final expenses.

A Typical Timeline

Most formal Boca Raton estates move through these stages:

• File the petition and deposit the original will with the clerk
• Judge appoints the personal representative
• Notice to creditors is published and served
• Inventory of assets is filed
• Creditor claims period runs and valid debts are paid
• Beneficiaries receive their distributions
• The estate is formally closed

Simple formal estates often resolve in several months; disputes or creditor issues can extend that.

What Usually Skips Probate

Plenty of Boca assets never see the courthouse. Property in a revocable living trust (Chapter 736), accounts with payable-on-death or transfer-on-death designations, jointly titled property with survivorship, and homes transferred by a Lady Bird (enhanced life estate) deed typically pass outside probate. Florida also imposes no state estate or inheritance tax, so the court process is about transferring title and paying creditors, not collecting a state death tax.

Do You Need a Lawyer?

For formal administration, Florida generally requires the personal representative to be represented by an attorney, because the filings and deadlines are technical. Summary administration sometimes proceeds without counsel, but many families still use an attorney to avoid costly missteps.

This article is general information, not legal advice. Court procedures depend on the facts of each estate. Before filing in the Palm Beach County probate court, consult a licensed Florida probate attorney serving the Boca Raton area.