Understanding Florida’s Probate Process
Probate is the court-supervised process for transferring ownership of a person’s assets after death. In Florida, probate is required whenever a decedent owned property in their name alone, even if they lived in another state. That’s why many of our clients at Clause Law Group in Stuart are out-of-state heirs who need help handling a Florida estate.
The rules governing probate are set out in Chapters 731–735, Florida Statutes, known collectively as the Florida Probate Code, and in the Florida Probate Rules (Part I, Fla. Prob. R. 5.010 et seq.). Each step has a specific legal purpose — and deadlines that must be met to avoid delays or disputes.
When Florida Probate Is Required
Probate is generally required when the decedent owned:
- Real estate titled solely in their name
- A bank account or investment account without a beneficiary designation
- Personal property exceeding $1,000 in value without joint ownership
- Florida property owned by a nonresident at death (requiring ancillary probate)
Certain assets, like life insurance, retirement accounts, and jointly held property with rights of survivorship, pass outside probate.
Types of Probate in Florida
Florida recognizes two main types of probate administration:
1. Formal Administration
This is the standard process for most estates. It applies when:
- The decedent’s assets exceed $75,000, or
- The decedent passed away less than two years ago.
Formal administration requires appointment of a personal representative, issuance of Letters of Administration, and full compliance with creditor and notice provisions. (See Fla. Stat. § 733.301 for the order of appointment.)
2. Summary Administration
A simplified process available when:
- The estate is valued at less than $75,000 excluding exempt property, or
- The decedent has been deceased for more than two years.
Summary administration skips the appointment of a personal representative. Instead, the court enters an order directing the distribution of assets. The procedures are outlined in Chapter 735, Florida Statutes and Fla. Prob. R. 5.530.
Step-by-Step: The Florida Probate Timeline
- Filing the Petition for Administration
The process begins with filing a petition in the circuit court of the county where the decedent resided or where property is located. For out-of-state decedents, this is called ancillary administration. - Appointment of the Personal Representative
The judge issues Letters of Administration empowering the personal representative to act on behalf of the estate. Qualifications are listed in Fla. Stat. § 733.302. - Notice of Administration and Creditor Claims
The personal representative must serve a Notice of Administration to all interested parties per Fla. Stat. § 733.212, and publish a Notice to Creditors under § 733.2121. Creditors have 90 days from the first publication to file claims. - Inventory and Accounting
Within 60 days, the personal representative must file an inventory of estate assets (Fla. Stat. § 733.604). Beneficiaries have the right to request updated information throughout administration. - Payment of Debts and Taxes
The personal representative pays valid claims, taxes, and expenses before making distributions. Florida has no state estate tax, but federal estate tax rules under 26 U.S.C. § 2001 may apply to large estates. - Distribution of Assets
After obligations are satisfied, assets are distributed according to the will or, if none, by intestate succession under §§ 732.101 et seq. - Final Accounting and Discharge
Once distributions are complete, the personal representative files a final accounting and petitions for discharge under Fla. Prob. R. 5.400. This closes the estate and releases the representative from further liability.
Ancillary Probate for Non-Residents
Many families contact our Stuart office because a loved one passed away in another state but owned Florida property. Florida law requires an ancillary probate in these situations, as stated in Fla. Stat. § 734.102. The process mirrors formal administration but is limited to assets located within Florida.
Our office routinely handles ancillary proceedings for clients across the country, ensuring deeds are properly transferred and titles cleared so property can be sold or distributed.
Common Probate Issues
Probate can become complicated when disputes arise over:
- The validity of the will
- Conflicts between beneficiaries
- Breach of fiduciary duty by the personal representative
- Claims by creditors or omitted heirs
- Determination of homestead property
Each of these issues is governed by specific procedural rules and time limits under the Probate Code and Rules of Civil Procedure.
How Long Does Probate Take in Florida?
For uncontested estates, summary administration can take as little as four to six months. Formal administration usually lasts between six and twelve months, depending on the complexity of assets, the number of beneficiaries, and any litigation. Disputes, tax audits, or multiple properties can extend this timeline.
Why Choose a Local Probate Attorney
Probate is fundamentally local — every county clerk has its own filing requirements, and judges vary in how they handle procedures. A Stuart-based probate attorney familiar with Martin County practice can anticipate what the court needs and prevent delays.
At Clause Law Group, we handle every stage — from petition to discharge — and coordinate with heirs nationwide who need Florida representation. You don’t need to live in Florida; you just need an experienced Florida probate lawyer.
Final Thoughts
Probate in Florida may seem daunting, but with proper guidance it’s a manageable, transparent process. Understanding your obligations as a personal representative — and your rights as a beneficiary — ensures the estate is administered correctly under Florida law.
Clause Law Group represents families locally and nationwide in formal, summary, and ancillary probate proceedings. From our Stuart office, we handle everything with precision and compassion — so you can focus on what matters most.
