Florida Probate Process explained
Overview Of Probate Types In Florida
The Florida probate process generally proceeds in one of two ways. Summary administration is available when the estate’s value, excluding homestead, is $75,000 or less, or the decedent has been deceased for more than two years. Formal administration applies to larger or more complex estates and involves appointing a personal representative to gather assets, address creditors, and distribute property under court supervision. The attorneys at Richard A. Heller, P.A. guide families throughout Florida through the option that fits their situation, from a simple summary filing to a full formal case.
Step By Step: What To Expect In Florida Probate
Many families combine practical estate planning with clear titles and beneficiaries to reduce court involvement next time, and others explore how to avoid probate for certain assets.
Filing & Petition
A petition is filed in the county where the decedent resided, or where Florida property is located. For formal cases, the court issues Letters of Administration authorizing the personal representative to act.
Notice To Interested Parties
Heirs and beneficiaries receive notice. Known creditors are notified directly, and a notice to creditors is published to start the claims period.
Inventory & Appraisals
The personal representative files an inventory listing estate assets. Real estate and unique property may require professional valuation.
Creditor Period & Claims
Creditors generally have a three month window from publication to file claims. Valid claims are paid or objections can be made to late or improper claims.
Distribution & Closing
Once expenses, taxes, and claims are handled, remaining assets are distributed according to the will or Florida law. The court then discharges the personal representative and closes the estate.
For summary administration, no personal representative is appointed. Eligible heirs can petition for an order that directs asset transfer more quickly when requirements are met.
How Our Attorneys Help
Richard A. Heller, P.A. prepares petitions and inventories, manages creditor deadlines, coordinates appraisals, and communicates with beneficiaries so everyone understands the next step. Whether your case is a straightforward summary administration or a formal estate with multiple properties, our attorneys keep the process organized and respectful from opening to discharge.
Frequently Asked Questions
How long does formal probate take in Florida?
Uncontested estates commonly run six to twelve months, depending on court schedules, asset complexity, and creditor issues. Organized records can shorten the timeline.
What does probate cost?
Expect court filing fees, publication costs, and attorney fees. Florida law permits attorney compensation based on estate value, and personal representatives may also receive a fee. Our attorneys discuss fee structures at the outset and keep expenses transparent.
Do heirs get money before probate ends?
Assets are generally distributed after debts and expenses are handled. A surviving spouse or minor children may qualify for certain exempt property or a family allowance under Florida law.
Do I have to appear in court?
Most uncontested matters are handled through filings and attorney communication. Out of area heirs often participate without traveling to Central Florida.
What if there is property in multiple states?
Ancillary probate may be required where other property is located. We handle Florida proceedings and coordinate with out of state counsel when needed.