What Is Probate?
Probate is the court-supervised legal process through which a deceased person’s estate is settled. It involves identifying and gathering assets, notifying and paying creditors, and distributing whatever remains to the rightful heirs or beneficiaries. In Florida, probate is governed by Chapters 731 through 735 of the Florida Statutes, and cases are filed in the circuit court of the county where the deceased person lived at the time of death.
Not every asset goes through probate. Property held jointly with rights of survivorship, accounts with named beneficiaries, assets held in a trust, and certain other transfers pass directly to recipients without court involvement. Probate applies to assets titled solely in the deceased person’s name with no designated beneficiary.
Types of Florida Probate
Florida law provides several paths through probate depending on the size and circumstances of the estate.
Formal Administration
This is the standard probate process and is required when the estate includes non-exempt assets valued at more than $75,000 and the person died within the past two years. Formal administration is court-supervised from start to finish and requires a licensed Florida attorney. In Broward County, as in other busy South Florida counties, formal administration generally takes between six months and a year for straightforward estates, though complex or contested matters can take longer.
Summary Administration
This is an abbreviated option available when the total value of non-exempt probate assets does not exceed $75,000, or when the person has been deceased for more than two years. This process involves fewer steps and less court oversight. When everything is in order and all beneficiaries are in agreement, summary administration in Broward County can often be completed in a matter of weeks.
Disposition Without Administration
This is a narrow option available only when the estate’s assets are worth less than the cost of final expenses, such as funeral and medical bills. It requires filing a simple form with the probate court rather than opening a full administration.
The Formal Administration Process Step by Step
For most families, formal administration is the process they will encounter. Here is what to expect.
- Filing the will and opening the estate. Any person in possession of an original will is required under Florida law to file it with the clerk of the circuit court within 10 days of learning of the person’s death. Filing the will is separate from opening a probate case, but it is typically the first step. To officially open the estate, a Petition for Administration is filed with the probate court in the county where the decedent lived.
- Appointment of a personal representative. The court reviews the petition and, if satisfied, appoints a personal representative, the person who will manage the estate through the probate process. This person is called an executor in many other states. The court issues Letters of Administration, which give the personal representative legal authority to act on behalf of the estate, access accounts, sell property if needed, and handle other estate matters.
- Inventory and appraisal of assets. The personal representative is responsible for identifying, securing, and valuing all probate assets. This can include real estate, bank accounts, investment accounts, vehicles, and personal property. A formal inventory is typically due within 60 days of the personal representative’s appointment.
- Notice to creditors. The personal representative must publish a notice to creditors in a local newspaper. Creditors who are known to the estate must be notified directly. In Florida, creditors generally have 90 days from the date of the published notice to file a claim against the estate. No distributions to beneficiaries can be made until the creditor period has run and valid claims have been addressed.
- Payment of debts and taxes. Once the creditor period closes, the personal representative pays valid claims, final expenses, and any applicable taxes. Florida has no state estate tax or state income tax, which simplifies the process for most estates. Federal estate taxes apply only to estates exceeding $15 million per individual as of 2026.
- Distribution and closing the estate. After debts and expenses are paid, the remaining assets are distributed to beneficiaries according to the will, or according to Florida intestacy law if no valid will exists. The personal representative then files a final accounting and a Petition for Discharge, which officially closes the estate.
Why Probate Can Be Complicated
Even in straightforward cases, probate involves strict deadlines, court filings, and procedural requirements that are easy to get wrong without guidance. In Broward County, busy court dockets can add time to the process. Complications arise more frequently when there is no valid will, when family members disagree about the estate or the personal representative, when assets are located in multiple states, or when the estate includes a business or real property that needs to be sold.
Other issues are common when a personal representative fails to complete their duties or breaches their fiduciary duty to the beneficiaries of the estate. Any disputes during probate might lead to litigation and need to be addressed properly and promptly by the right legal professionals.
Working With Our Compassionate Probate Attorney in Broward County
Florida law requires that formal probate administration be handled by a licensed Florida attorney. Even for summary administration, having legal guidance helps families avoid delays and errors that can extend the process or create unintended consequences.
Ms. Mannello understands that every family is different and that the probate process carries real emotional and practical weight. Whether you are facing probate for a loved one or looking to plan ahead so your family does not have to, Peace of Mind Broward is here to help. Contact us today to schedule your Peace of Mind Planning Session.