Why Estate Planning & Probate Matter in Florida
Florida is home to unique laws that affect what happens when someone passes away — especially for families with property in the state. Many people who own Florida real estate don’t live here year-round. Others inherit property or assets from loved ones who did.
If a loved one passed away in Florida or owned property in Florida at the time of death, the estate may need to go through Florida probate — even if all beneficiaries live elsewhere. At Clause Law Group’s Stuart office, we routinely represent out-of-state families who simply need to settle a Florida estate. You don’t have to live here for us to handle it. You just need a loved one who passed away here.
The process is governed by the Florida Probate Code (Chapters 731–735, Fla. Stat.), which establishes how wills are validated, personal representatives are appointed, creditors are notified, and property is distributed. Florida’s courts apply these statutes strictly, so compliance with deadlines and formalities is critical.
Understanding Wills, Trusts & Probate in Florida
A Last Will and Testament tells the court how a person wanted their property distributed at death. Under Fla. Stat. § 732.502, a will must be in writing, signed by the testator, and witnessed by two people who sign in each other’s presence. Failure to meet these requirements can make a will invalid.
A trust, by contrast, allows a person to transfer property to a trustee during life or at death for the benefit of chosen beneficiaries. Florida’s Trust Code (Chapter 736, Fla. Stat.) governs how trusts are created, administered, and enforced. Properly funded trusts can avoid probate, though certain assets may still require limited court action.
Probate itself is the court-supervised process of transferring a decedent’s assets. It ensures debts and taxes are paid before the remainder is distributed to beneficiaries or heirs. Depending on the size and structure of the estate, probate may occur under formal administration or summary administration (see Chapter 735, Fla. Stat.).
Step-by-Step: Florida’s Probate Timeline
- Filing the Will and Opening the Estate
The custodian of a will must file the original with the clerk of court within 10 days of learning of the death (Fla. Stat. § 732.901). A petition for administration is then filed to appoint a personal representative. - Appointment of Personal Representative
The court issues Letters of Administration authorizing the personal representative (executor) to act on behalf of the estate. The order of preference for appointment is set out in Fla. Stat. § 733.301. - Notice of Administration
Beneficiaries, heirs, and creditors receive formal notice under Fla. Stat. § 733.212. This notice triggers a three-month window for any objections to the will, the personal representative, or the venue. - Creditor Period and Inventory
The personal representative must identify and notify known creditors and publish a notice to unknown creditors. Creditors generally have 90 days to file claims. An inventory of estate assets must also be filed with the court and shared with beneficiaries. - Payment of Debts and Taxes
The personal representative pays valid claims, administration expenses, and applicable taxes. Florida has no separate estate tax, but federal estate tax may apply depending on the estate’s size. - Distribution and Discharge
Once obligations are satisfied, the remaining assets are distributed to beneficiaries. The estate is closed upon the court’s approval of the final accounting and discharge of the personal representative.
This entire process can take as little as four months under summary administration, or a year or more for complex estates involving disputes, real property, or out-of-state assets.
Key Florida Legal Concepts
Homestead – Florida’s homestead laws are some of the most protective in the nation. Article X, Section 4 of the Florida Constitution restricts how homestead property can be devised and shields it from most creditors. Determining whether a property qualifies as homestead is often central to probate.
Intestate Succession – When someone dies without a valid will, Florida’s intestacy statutes (Chapter 732, Fla. Stat.) determine who inherits. Generally, the surviving spouse and descendants share the estate, but the distribution depends on the family structure.
Ancillary Probate – If a non-Florida resident owned property in Florida, a separate “ancillary” probate must be opened in the county where that property is located. This proceeding ensures clear title can pass to heirs or buyers.
Personal Representative – Florida’s term for executor. The personal representative is a fiduciary who must act in good faith, keeping beneficiaries informed and following the probate code. Mismanagement can result in personal liability under Fla. Stat. § 733.609.
When to Hire a Florida Estate Planning or Probate Lawyer
You should consider working with a Florida estate planning or probate attorney if:
- You recently lost a loved one who owned Florida property or resided in Florida.
- You own Florida real estate but live elsewhere and want to avoid ancillary probate.
- You’re planning your estate and want to ensure your documents comply with Florida law.
- You’re dealing with complex family arrangements, blended families, or contested estates.
- You’ve been named personal representative and need legal guidance on your duties.
At Clause Law Group, we help clients from across the country handle Florida estates without ever stepping foot in the state. We appear in courts throughout Martin, St. Lucie, Palm Beach, and Broward Counties and coordinate everything from filing the initial petition to closing the estate.
Common Questions About Florida Probate
Do I need to live in Florida to handle a loved one’s estate here?
No. If the decedent owned property or resided in Florida, the probate must occur in a Florida court, but beneficiaries and personal representatives can live elsewhere. Our Stuart team handles these cases entirely on behalf of out-of-state clients.
How long does probate take in Florida?
Uncontested cases can take six months or less. Contested or complex cases may take a year or longer. Deadlines such as the three-month objection period under Fla. Stat. § 733.212 must be observed.
What assets go through probate?
Only assets titled in the decedent’s sole name without a beneficiary designation — like individually owned real estate, bank accounts, or vehicles — must pass through probate.
Can probate be avoided?
Yes, through proper planning. A revocable living trust, Lady Bird deed, or joint ownership with rights of survivorship can help assets transfer directly to beneficiaries without court involvement.
What happens to a Florida homestead after death?
Homestead property typically passes outside the probate estate, but it must still be identified and adjudicated as homestead by the court. Spouses and minor children have special constitutional protections.
Final Thoughts
Estate planning and probate in Florida require a precise understanding of Florida law. Even small oversights — such as missing a filing deadline or misunderstanding homestead protections — can delay or jeopardize an estate. Whether you live in Florida or simply had a family member who did, Clause Law Group in Stuart provides the local experience and statewide reach needed to navigate the process correctly and efficiently.
We’re here to make sure your loved one’s wishes are honored, your rights are protected, and your family’s transition is as smooth as possible — from petition to discharge.
