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What Is Probate in Florida and How Does It Work

  • Writer: Cesar Duenas
    Cesar Duenas
  • 1 day ago
  • 2 min read

Probate in Florida is a court supervised process used to identify a person’s assets after death, pay debts, and transfer the remaining property to the rightful beneficiaries. This process is governed by the Florida Probate Code under Chapters 731 through 735 of the Florida Statutes.

In simple terms, probate serves three main purposes. First, it validates the last will and testament, if one exists. Second, it ensures that creditors are properly notified and paid. Third, it oversees the distribution of assets to heirs or beneficiaries.

Florida recognizes two main types of probate administration. The most common is formal administration, which is required when the estate is complex or exceeds certain value thresholds. The second is summary administration, a simplified process available when the estate is valued at $75,000 or less or when the decedent has been deceased for more than two years.

The probate process typically begins when a petition is filed with the court in the county where the deceased person lived. The court then appoints a personal representative, also known as an executor, who is responsible for managing the estate. This includes gathering assets, notifying creditors, paying valid debts, and ultimately distributing the remaining property.

Florida law imposes strict duties on the personal representative. These duties include acting in good faith, keeping accurate records, and protecting the interests of beneficiaries. Courts have emphasized the fiduciary nature of this role.

Not all assets go through probate. Assets such as jointly owned property, accounts with designated beneficiaries, and assets held in a properly funded trust may pass outside of probate. This is why estate planning is critical to reducing time, cost, and complexity for your loved ones.

Probate in Florida can take several months to over a year depending on the complexity of the estate, the presence of disputes, and creditor claims. While the process may seem straightforward, mistakes can lead to delays, increased costs, or legal disputes.

At CMD Attorneys, we regularly assist clients with probate administration, estate planning, and asset protection strategies designed to minimize probate exposure and protect family wealth.

Contact information and Disclaimer

If you have any doubts or questions about this topic or any other topic on our blog, do not hesitate to contact us to evaluate your case. You may schedule a phone or in-person consultation using the following link and selecting the desired type of consultation:

https://calendly.com/cmdattorneys/ You may also call at 305-515-5165 or reach out at support@cmdattorneys.com

The information in this publication does not constitute legal advice or advice and is provided for educational purposes only. Reading this post calling our office does not create an attorney-client relationship. Before taking any action related to the information in this publication or any other publication, you should consult with an attorney admitted to the practice of law in your state.

 
 
 

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