Jennifer and Haneen are the epitome of class and hard work.
They are always readily available to help and answer all of my questions. I am super thankful that I can call on them whenever I need estate planning or traffic help.
Coach Leah
August 28, 2025
The Probate Process in Florida: A Step-by-Step Guide
Probate is the legal process by which a deceased person’s estate is settled under the supervision of the court. In Florida, probate involves proving a will, identifying assets, paying debts, and distributing property to the rightful heirs. For families who have just lost a loved one, the process can feel overwhelming without proper legal guidance. At PK Legal Group, we assist clients across the state of Florida in handling probate efficiently and with clarity.
Understanding how probate works in Florida can help you prepare, reduce delays, and avoid unnecessary complications. Whether you’re an executor or a beneficiary, having the proper support in place is essential to protecting the estate’s value and ensuring all steps are legally completed.
When Is Probate Required in Florida?
Probate is typically required when the deceased person left behind assets titled solely in their name without a designated beneficiary. This can include real estate, bank accounts, or personal property. Florida recognizes two main types of probate: formal administration and summary administration. The type depends on the estate’s value and the circumstances surrounding the decedent’s death.
Formal administration is the most common and involves court supervision from start to finish. Summary administration is a shorter version available for estates with a value of under $75,000 or if the death occurred more than two years ago. Working with a probate attorney helps determine the correct process tailored to your specific situation.
Key Steps in the Florida Probate Process
While each probate case may involve unique circumstances, the overall structure remains consistent in most Florida proceedings. The general process typically includes the following steps:
- Filing the Petition: A petition is submitted to the probate court in the county where the decedent lived, requesting the appointment of a personal representative.
- Appointment of Personal Representative: Once approved, the court issues Letters of Administration, granting authority to manage the estate.
- Notifying Creditors and Beneficiaries: Formal notice must be given to all beneficiaries and known creditors. Creditors typically have 90 days to file claims.
- Identifying and Valuing Assets: The personal representative collects all probate assets and determines their value.
- Paying Debts and Taxes: Valid claims, taxes, and administrative expenses must be settled before any distributions are made.
- Distributing Remaining Assets: After debts are paid, the remaining property is distributed according to the will or, if no will exists, Florida’s intestate succession laws.
- Closing the Estate: A final accounting is filed with the court, and once approved, the estate is formally closed.
You can review more about Florida’s probate procedures directly from the Florida Courts’ official probate page.
Why Legal Guidance Matters
The probate process involves strict legal requirements, court deadlines, and potential disputes among heirs. Even a small mistake in asset distribution or creditor notice can delay resolution or expose the estate to liability. For families going through this for the first time, these risks can feel daunting.
A seasoned probate lawyer provides guidance on every legal requirement, from petition filing to closing the estate. Legal support ensures compliance with Florida statutes and can help reduce stress during an already difficult time.
Duties of a Personal Representative
In Florida, the personal representative (often referred to as the executor in other states) has a legal obligation to act in the best interests of the estate. Responsibilities include safeguarding assets, notifying interested parties, and handling court filings.
Failing to meet these responsibilities can result in legal consequences. If you’ve been named a personal representative in West Palm Beach or Fort Lauderdale, our probate services can help you carry out your duties with accuracy and confidence.
When You Need a Probate Attorney in Florida
Not all probate cases require the same level of legal involvement, but many benefit from it. Disputes over the will, questions about asset ownership, or complicated family relationships can turn a simple probate case into a drawn-out process.
By working with a probate attorney in Florida, families can minimize delays, avoid unnecessary court appearances, and ensure that all steps are appropriately handled. Legal support is instrumental when business interests, real estate, or significant debts are involved.
Get Help from a Team That Understands Probate
Probate in Florida does not need to be confusing. With experienced legal guidance, families can settle estates efficiently and with confidence. The Law Office of Petrovitch & Kutub provides precise and reliable support throughout every step of the probate process. Whether you’re managing a small estate or facing a complex probate proceeding, we are here to assist. Contact us today to speak with our team and get the guidance you need.