How Probate Works in Florida

When a Florida resident passes away, their estate typically goes through a court-supervised process called probate. Even if a valid will exists, probate is generally required to transfer titled assets, pay outstanding debts, and distribute property to beneficiaries. Here is what the process generally looks like:

Step 1: Filing the Petition. A family member or the person named in the will files a petition with the probate court in the county where the deceased lived. The court reviews the will (if one exists) and appoints a personal representative to manage the estate.

Step 2: Notifying Interested Parties. The personal representative must notify all known creditors and beneficiaries. Florida law also requires publication of a notice to creditors in a local newspaper, giving unknown creditors a window to file claims.

Step 3: Gathering and Protecting Assets. The personal representative identifies, locates, and secures all estate assets — including bank accounts, investments, real estate, and personal property. An inventory is filed with the court.

Step 4: Paying Debts and Taxes. Valid creditor claims are paid from estate assets. The personal representative also files the decedent’s final income tax return and, if applicable, a federal estate tax return. Florida has no state estate tax.

Step 5: Distributing Assets. Once debts are settled and the creditor period has closed, the remaining assets are distributed to beneficiaries according to the will or, if there is no will, according to Florida’s intestacy laws.

Step 6: Closing the Estate. The personal representative files a final accounting with the court, and the judge issues an order discharging the personal representative and closing the estate.

How Long Does Probate Take?

Most uncontested probate cases in Florida take between 6 and 18 months. The timeline depends on the complexity of the estate, whether the will is contested, the number and type of assets involved, and how quickly creditor claims are resolved. Summary administration — available for smaller estates or when the decedent has been deceased for more than two years — can be completed more quickly, sometimes in a matter of weeks.

At Finley Stetson, we work to move the process along efficiently. We handle the court filings, creditor notices, tax returns, and asset transfers so that you are not left guessing about what comes next.

Our Fees

We understand that the cost of probate representation is an important consideration. At Finley Stetson, we discuss fees openly during our initial consultation and tailor our fee arrangement to your situation. Depending on the complexity of the estate, we may work on a percentage of estate value, a flat fee, or an hourly basis. You will always know what to expect before we begin.

Why Hire a Probate Attorney?

While Florida law does not always require an attorney for probate, the process involves strict deadlines, detailed court filings, creditor notice requirements, tax obligations, and fiduciary duties that carry personal liability for the personal representative. Mistakes can be costly — both financially and in terms of family relationships.

An experienced probate attorney handles the procedural burden, protects the personal representative from liability, ensures compliance with Florida law, and helps resolve disputes before they escalate. At Finley Stetson, we have handled hundreds of probate and trust administration matters across Palm Beach and Broward County and understand the local courts, judges, and procedures that affect your case.