Losing a loved one is difficult enough without the added stress of unfamiliar legal proceedings. If you have recently experienced a loss, you might be wondering what happens next.
Understanding probate can help ease that uncertainty. This overview will walk you through how the process works, so you will know what to expect during this period.
How Florida defines and addresses probate
Probate is a court-supervised proceeding that identifies and gathers a deceased person’s assets, pays debts and distributes the remaining property to beneficiaries. The state recognizes three main approaches to probate:
- Summary administration is available when the estate subject to administration is valued at $75,000 or less, excluding exempt property or when the decedent has been dead for more than two years. It is a shorter, less involved procedure than formal administration.
- Formal administration is the default route and applies when an estate does not qualify for one of the other options. Most estates that contain significant probate assets or more complex issues proceed this way.
- Disposition without administration applies only when the estate consists of exempt property or personal property valued at no more than the decedent’s final expenses. This option involves very little court activity and use of it is rare.
It is important to understand that some assets do not enter probate. Property you hold jointly with rights of survivorship and assets with named beneficiaries, such as life insurance policies or retirement accounts, along with assets placed in a trust, pass directly to the designated recipients instead of going through probate.
How the timeline can look
The progression of the probate process depends on the case, but most straightforward scenarios follow a similar sequence:
- File the original will with the circuit court soon after learning of the death, usually within 10 days
- Petition the court to admit the will and appoint a personal representative
- Receive Letters of Administration to gain legal authority to manage the estate
- Identify, locate and inventory all probate assets, usually filing the inventory within 60 days of receiving the letter.
- Publish a Notice to Creditors in a local newspaper for unknown creditors and notify known creditors directly
- Wait for the creditor claim period to end, typically 90 days from first publication or 30 days from direct notice, whichever is later
- Pay valid debts, taxes and administrative expenses
- File a final accounting with the court and distribute the remaining assets to beneficiaries
Most formal administrations in Florida take six to 12 months, though simple cases may finish in less than that. Complex estates with disputes, unusual assets or tax issues can take much longer. Planning for roughly a year helps everyone maintain realistic expectations.
Why working with an attorney can help
Florida law requires you to have a lawyer for most formal administrations. This means you will have an attorney to guide you as the personal representative and help you during court proceedings. They can also assist with preparing and filing required documents, ensuring statutory deadlines are met and helping resolve any disputes that arise during administration.
