Losing a loved one is never easy, & the thought of facing the Florida probate court system can make things feel even more overwhelming. Probate can be complex—filled with financial details, strict paperwork, & sometimes disputes. We understand how important it is to protect your family’s rights, honor your loved one’s wishes, & avoid avoidable costs or conflicts. That is why we created this Florida probate court guide: to provide you with the clarity, insight, & step-by-step direction needed to move forward with confidence, before, during, & after you appear in court.
What Does Florida Probate Court Handle & Who Needs to Go Through Probate?
Florida probate court oversees the legal process of transferring a deceased person’s assets, resolving debts, & ensuring heirs receive what the law or will requires. If your loved one owned property, bank accounts, or valuable assets solely in their name, probate often becomes necessary. Certain assets, like individually owned real estate or vehicles, cannot legally transfer without court supervision.
Not every asset must go through probate in Florida. Assets with direct beneficiaries—like life insurance policies, payable-on-death accounts, & jointly held property—typically transfer outside probate. But if you are an executor, heir, or family member, you still need to confirm which assets qualify to skip court & which do not. The consequences of missing necessary probate can include frozen accounts, property disputes, or later court intervention if overlooked assets turn up.
Beyond distributing property, the court resolves disputes (such as will contests), oversees creditor claims, & clarifies asset ownership if there’s no will (known as intestacy). Understanding when & why probate is required lets you prepare properly & prevents costly missteps as you work to settle an estate in Florida.
When Is Probate Required in Florida & What Alternatives Exist?
Probate is required in Florida when the decedent leaves behind solely owned assets with no beneficiary designation. Many families discover probate is necessary when financial institutions or the DMV refuse to transfer assets without court orders. Common examples include bank accounts without payable-on-death instructions, vehicles titled solely to the decedent, & family homes without survivorship rights attached.
Florida provides several probate alternatives, depending on the estate’s circumstances:
- Formal Administration: For estates worth over $75,000 or when the decedent passed less than two years ago. This is the most thorough process, involving full court oversight.
- Summary Administration: For estates under $75,000 or if the decedent has been deceased for over two years. This is a simplified & faster form of probate.
- Disposition Without Administration: For estates with minimal assets—usually limited to reimbursing funeral expenses or if all assets are exempt from creditors.
Sometimes, good planning or quick legal advice can help avoid formal probate entirely. But if you discover untitled assets, disputes, or complex debts, probate often becomes unavoidable. Checking early ensures that you use the most suitable route, saving time, money, & family stress in the long run.
What Documents & Records Should You Gather for Florida Probate Court?
Preparation makes all the difference in Florida probate. When starting a probate case, you’ll need to assemble key documents to prevent court delays or rejections. The following are standard documents Florida probate courts require:
- Original last will & testament, if any (copies may be used with extra steps if originals are missing)
- Certified death certificate (order multiple, as some banks or agencies may require originals)
- Trust agreements & amendments, if applicable
- Estate asset documentation: real estate deeds, vehicle titles, bank & brokerage account statements
- Records of debts: loan documents, credit card statements, mortgages, outstanding medical bills
- Most recent tax returns & documentation for any pending litigation or business interests
Thoroughness in documentation will minimize complications. If you cannot find an original document—especially a will—Florida allows for additional legal processes, such as proving a copy with witness affidavits or providing admissible business records. Proper inventory also includes digital assets: keep a log of online financial accounts, cryptocurrency holdings, or business software licenses, alongside passwords or access rights. Bringing a detailed summary of all assets & obligations to the first court meeting (or attorney consultation) can dramatically decrease the risk of future obstacles.
Start your document search with the decedent’s files, safe deposit boxes, & close contacts (like accountants or longtime friends). Organize paperwork by asset types & creditors for easy reference. Document any challenges you face tracking down records—for example, if banks have merged or properties were recently sold—so you can present clear explanations to the court if issues arise during administration.
Who Can Serve as Personal Representative in Florida & What Responsibilities Come With the Role?
The “personal representative” (sometimes called executor in other states) acts as the Florida estate’s official administrator. Florida law requires that this individual be at least 18 years old, have no felony convictions, & either reside in Florida or be a close family relative (like a spouse, parent, sibling, or adult child). The court’s goal is to appoint someone trustworthy & capable of carrying out their court-ordered responsibilities accurately & fairly.
Serving as a personal representative involves significant legal duties. The personal representative must:
- File the will (if any) with the probate court
- Inventory & manage all estate assets, from cash to real estate & collectibles
- Handle ongoing bills, taxes, & creditor claims
- Serve formal notice on all heirs & interested parties
- Provide full accounting to the court & ultimately distribute assets according to the will or state law
Risks come with this authority. Florida courts can hold a personal representative financially responsible for losses—for example, failing to pay valid debts, missing important deadlines, or distributing property improperly. If a family dispute or will contest arises, the court can replace a personal representative it finds unfit or unwilling to act. Before accepting this job, discuss with your family, review the will’s instructions, & seek legal advice if the estate is large, complex, or likely to become contested. Choosing the right person from the start reduces future delays, legal battles, & headaches for everyone involved.
How Do You File a Florida Probate Case Step-By-Step?
Opening an estate with the Florida probate court requires several precise steps. Here’s an overview of the process:
- Determine which type of probate administration fits your estate (formal, summary, or disposition without administration).
- Prepare & file a Petition for Administration in the circuit court of the county where the decedent resided.
- Include all supporting documents: original will, death certificate, acceptance of personal representative, & completed preliminary inventory if required.
- Pay the necessary court filing fee, which varies by county & case complexity but typically ranges from $400–$500.
- Wait for the court’s review—if approved, the judge issues “Letters of Administration” that officially authorize the personal representative to act.
- Begin publishing & mailing legal notices to creditors, heirs, & other parties as the law requires.
Florida courts allow e-filing for most documents, giving you the option to submit paperwork online via the state’s secure portal. Some prefer to file in person, especially first-timers or families who need assistance with required forms. Bring multiple copies of all documents, receipts for any payments, & a checklist to stay on track. If you miss a filing or forget a form, cases may be delayed or rejected outright, so consider calling the clerk's office in advance to verify requirements.
Efficient filing increases your chances of a smooth experience in probate court. Whether you’re working with an attorney or handling the process yourself, keep a master file of all communications, deadlines, & court orders for quick reference. The court may request additional information as your case moves along, so responding quickly & accurately is critical for keeping the estate moving forward.
What to Expect After Filing: Notices, Hearings, & Florida Probate Timelines
Once the probate case is filed, Florida law requires personal representatives to notify all interested parties. Formal Notice of Administration must go to heirs, beneficiaries, & anyone named in a prior will. Additionally, public Notice to Creditors must be published in a local newspaper to alert potential claimants. Creditors have a 90-day window from publication date to file claims; claims received after the period may be denied by law.
Not every estate will require in-person hearings, but more complicated matters—especially when there are disputes or unique assets—often do. During these hearings, the court addresses challenges to the will’s validity, evaluates disputes among heirs, & resolves creditor claims. Each hearing adds time to the administration process, so it pays to stay proactive with required documentation & communication.
Florida probate moves at varying speeds, depending on case type & complexity. A straightforward summary administration can take as little as a few weeks. Formal administration frequently takes between six months & a year, & complex or contested estates may stretch even longer. Delays typically result when documentation is incomplete, creditor claims are disputed, or parties disagree about distributions. Following a strict timeline & staying organized can help you move smoothly through each phase of the process.
What Happens If There’s a Will Contest or Family Dispute During Florida Probate?
Disagreements about a will, beneficiaries, or personal representative occur more frequently than many families expect. Will contests in Florida generally involve claims of improper influence, fraud, lack of mental capacity, or questions regarding the document’s execution. If a contest is filed, the probate process may pause or become more complex as the court investigates claims & weighs supporting evidence.
The personal representative must defend the will or respond to the contest in court, which can involve depositions, hearings, & extensive document review. Mediation is often used to help families reach a compromise before a full trial. If no resolution occurs, the judge ultimately decides based on the facts, testimony, & legal standards. This process can be time-consuming & expensive, consuming estate assets if not handled efficiently.
For families facing potential disputes, proactive steps—like communicating transparently, documenting all actions, & encouraging early mediation—can prevent issues from escalating. If you anticipate conflict, gathering detailed evidence, seeking neutral evaluation, or bringing in outside counsel may help resolve matters swiftly while protecting the estate’s value & family relationships. Compassionate, knowledgeable representation often helps minimize stress for everyone involved.
How Debts & Taxes Are Dealt With in Florida Probate Proceedings
Managing debts & taxes is a central responsibility for the personal representative. The law requires that when creditors are notified, they must respond within the formal 90-day period. The representative reviews these claims, accepts or objects to each one, & pays valid debts from the estate's funds or assets. Secured debts, such as mortgages, are handled before unsecured debts—this priority can affect which assets will ultimately be distributed to heirs.
Sometimes, an estate lacks enough assets to cover all debts. The court follows a specific order to prioritize payment, protecting some heirs’ entitlements (like surviving spouses or children) according to Florida statutes. If a dispute arises over a creditor claim, the court hears the matter & issues a ruling based on the evidence. Documenting every payment, communication, & deadline is essential in these cases to avoid personal liability for the personal representative.
On the tax front, the representative must file any outstanding state or federal income tax returns for the decedent. Large estates may require the filing of additional estate tax returns; the federal threshold changes periodically, so verify the latest IRS requirements. Missing tax deadlines or underreporting income can delay the process & result in costly penalties. Many representatives work with tax advisors or accountants to ensure compliance. Being detail-oriented & keeping accurate records helps prevent unnecessary delays & penalties in probate court.
What Are the Typical Fees & Costs of Florida Probate Court, & Who Pays Them?
Florida probate costs can differ significantly based on the estate’s size & complexity. Common court fees include:
- Filing fees (usually $235–$500, varying by county & procedure)
- Publication costs for Notices to Creditors ($75–$200 or more)
- Bonds, if court-ordered for the personal representative
- Attorney’s fees, based on estate value & necessary legal work
- Appraisal or accounting fees for complex assets
- Postage & certified mail for delivering required notices
All fees, including professional bills & debts paid, are paid directly from estate funds—never from the personal assets of heirs or the representative. Accurate accounting is required. The court may reject distributions or demand more documentation if expenses seem high or unexplained. Being transparent with heirs about anticipated costs, potential extraordinary fees, or unpredictable expenses can prevent disputes.
While attorney’s fees in Florida probate are guided by statute, any complexities—such as litigation or clarification of unclear wills—may increase the total. The representative should keep an organized, running log of all expenses & receipts. This not only streamlines the final accounting but also improves transparency, reduces questions, & ensures smooth estate closure for heirs awaiting distributions.
How to Properly Close a Florida Probate Estate & Distribute Inheritances
Before assets can be distributed, all probate steps must be finished—including payment of debts, taxes, & court-approved expenses. The personal representative prepares a detailed “final accounting” that lists every asset received, bill paid, & distribution planned. This is submitted to the court & shared with interested parties for approval.
Once approved, the court issues an order for distribution. The personal representative uses this to transfer property to heirs—real estate via new deeds, bank accounts by official instructions, or tangible items with signed receipts. For estates with minor heirs or special assets (like business interests), the court may supervise distributions or request extra documentation. Precise recordkeeping & following instructions exactly helps avoid future objections or claims from disappointed heirs.
It’s possible to discover new assets or resolve pending lawsuits even after initial distributions. In those cases, the court can reopen proceedings, & the representative resumes duties as required. At Adrian Philip Thomas, P.A., we provide guidance to ensure every step matches court requirements & your family’s needs, reducing the likelihood of lingering issues or litigation in the future.
Common Pitfalls in Florida Probate Court—& How to Avoid Delays
Probate cases can be delayed for reasons both simple & complex. The most common sources of delay include:
- Missing or incomplete paperwork (especially death certificates or original wills)
- Failure to notify all heirs, beneficiaries, or creditors
- Outdated or inaccurate asset inventories
- Family or beneficiary disputes that go unresolved
- Overlooked assets discovered late in administration
- Missed court deadlines or required filings
Proactively avoid these pitfalls by organizing documents before filing, double-checking lists of heirs & addresses, & updating inventories as you gather new information. If you encounter a hard-to-locate heir or missing records, document your efforts & notify the court right away. Open communication with beneficiaries—sharing regular updates about progress & costs—can help minimize misunderstandings that lead to conflict.
If you expect a contested administration, consider mediation early to save time & resources. Complex or high-value estates may benefit from the involvement of a neutral fiduciary, especially when accusations of undue influence, elder exploitation, or business disputes are raised. Our team at Adrian Philip Thomas, P.A. has helped clients facing tough circumstances by delivering clear plans & practical paths forward, rooted in years of focused Florida probate experience.
Is It Possible to Navigate Florida Probate Without a Lawyer? When Legal Guidance Matters Most
Some Florida estates qualify for self-guided probate, especially when all beneficiaries agree, assets are simple, & summary administration is available. Many county courts provide self-help forms, basic instructions, & clerks who can answer limited questions about process—not legal strategy. For truly uncontested matters, some families manage probate independently if they are organized & comfortable with paperwork.
Legal advice becomes crucial when estates are contested, high-value, involve business interests or real property, or raise allegations of elder abuse or fiduciary breach. Florida probate law holds personal representatives to a strict standard of care—mistakes can result in personal financial liability. If creditors are aggressive, heirs disagree, or the will’s validity is questionable, professional representation helps protect everyone’s interests.
At Adrian Philip Thomas, P.A., we ensure clients understand their options & rights at every stage—from the first filing to final asset distribution. With over 5,000 families represented statewide & a focus on clarity, compassion, & individualized service, our team delivers insight geared to your unique family situation. If you are unsure whether you need legal backup, we offer a complimentary first consultation so you can evaluate your next steps without any upfront expense or obligation.
Reliable Resources & Support for Navigating the Florida Probate Court Process
Florida’s circuit courts maintain online guides, local forms, & checklists for navigating basic probate actions. The Florida Bar Association provides helpful consumer guides & a lawyer directory for those needing more comprehensive help. County self-help centers sometimes offer in-person support or free legal clinics for qualifying residents.
Still, the complexity of probate—particularly formal administration or litigation—makes experienced legal guidance invaluable for most families. At Adrian Philip Thomas, P.A., we have a long-standing reputation in probate, trust, & estate litigation. Our attorneys bring a range of legal & law enforcement backgrounds, which helps us approach cases where fiduciary issues, family discord, or suspicion of the elder exploitation may arise.
If you are ready to move forward or simply want answers to pressing probate questions, reach out to Adrian Philip Thomas, P.A. at (954) 764-7273 for a free consultation. Together, we’ll chart the path that provides clarity, protects your rights, & ensures your loved one’s wishes are honored throughout the Florida probate process.
