Understanding Florida Probate: What Families Should Know

Probate is the court-supervised process of validating a will, settling a deceased person's debts, and distributing their remaining assets to the rightful heirs. In Florida, it can feel overwhelming, especially for families already dealing with loss.

Here is what to expect, the two main types of probate in Florida, and how working with an experienced attorney can make the process smoother.

Two Types of Florida Probate

Summary administration is a streamlined process available for smaller estates or when the person has been deceased for more than two years. It is faster and less involved than full probate, but it only applies when the estate qualifies under Florida's statutory thresholds.

Formal administration is the full court process for larger or more complex estates. A personal representative is appointed, creditors are notified, claims are resolved, and assets are inventoried and distributed under court oversight. It typically takes longer but handles the full range of estate complexity.

Who Can Serve as Personal Representative

Florida law has specific rules about who can serve as a personal representative. The person must be at least 18 years old and must be a Florida resident or a close family member of the deceased, such as a spouse, parent, sibling, or child.

If the named personal representative does not qualify, or if no will exists, the court will appoint one. Having an attorney guide this selection can prevent complications and delays.

The Probate Timeline

Summary administration can wrap up in a few months for straightforward cases. Formal administration typically takes six to twelve months or longer when creditor claims, real estate, or disputes are involved.

The timeline depends on factors like the size of the estate, whether there are contested claims, whether real property must be sold, and how quickly the court can process filings.

How an Attorney Helps

An experienced probate attorney manages the paperwork, filings, notices, and court appearances so the personal representative never has to navigate the process alone. We also handle creditor claims, beneficiary disputes, and the final accounting and distribution.

Florida generally requires that a personal representative who is not the sole beneficiary be represented by an attorney. Even when it is not strictly required, having legal guidance helps avoid costly errors and delays.

If your family is facing probate, call 888-SWTGLAW for a free consultation. We guide families through every step with compassion and clarity.