If you live in Boca Raton and a loved one has passed away, you may have heard the word “probate” tossed around at the bank or by a financial advisor and felt your stomach drop. Take a breath. Probate is not a punishment, and it is rarely the nightmare people imagine. In plain English, it is simply the court-supervised process of settling a person’s affairs after death.
The Simplest Definition
Probate is how Florida legally transfers a deceased person’s assets to the people who are supposed to receive them. Along the way, the court confirms the will is valid (if there is one), makes sure legitimate debts and taxes are paid, and then signs off on distributing what remains. In Palm Beach County, where Boca Raton sits, these cases run through the Circuit Court’s probate division.
Why Florida Requires It
When someone dies, their bank, brokerage, or the county property records office cannot just hand assets to whoever shows up. Probate gives institutions legal cover: a judge appoints a personal representative (Florida’s term for an executor) and issues official Letters of Administration. Those letters are the magic key that lets the personal representative access accounts and sign documents on the estate’s behalf. The rules live in the Florida Probate Code, Chapters 731 through 735.
What Actually Goes Through Probate
Here is the part that surprises most first-timers: not everything does. Probate only governs assets titled in the deceased person’s name alone, with no built-in way to pass to someone else. Common examples for a Boca Raton resident include a solo bank account, a brokerage account with no beneficiary, or a condo titled only in the decedent’s name.
What Skips Probate Entirely
Plenty of assets bypass the court completely because they already name a destination:
- Jointly owned property with rights of survivorship, common for married couples in coastal condos.
- Accounts with beneficiaries, such as life insurance, IRAs, 401(k)s, and “payable on death” bank accounts.
- Assets in a revocable living trust under Florida’s Trust Code, Chapter 736.
- Real estate transferred by a Lady Bird (enhanced life estate) deed, which lets a homeowner keep full control during life and pass the property automatically at death.
One uniquely Florida wrinkle is the homestead. Under Article X, Section 4 of the Florida Constitution, a primary residence often passes to a spouse and children with special protections from creditors, though it may still require a court order to confirm its status.
With a Will vs. Without One
If your loved one left a valid Florida will (signed per Section 732.502, with two witnesses), it names who inherits and who serves as personal representative. Without a will, the estate is “intestate,” and Florida’s default statutes decide who inherits, usually the spouse and children in set shares. Either way, the estate still goes through probate.
A Note Worth Remembering
Good news for Florida families: there is no state estate tax and no state inheritance tax. Probate is about clearing title and settling debts, not about a special death levy from Tallahassee.
Talk to a Florida Attorney
Every estate is different, and the difference between a smooth probate and a stalled one often comes down to how assets were titled long before death. If you are facing probate in Boca Raton or anywhere in Palm Beach County, consult a licensed Florida probate attorney who can review the specific facts and guide you through the right path.
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For more on our Florida practice, see our overview of probate in Palm Beach. Morgan Legal Group's affiliated New York office also handles .
