The Probate Process: What Happens In Court, Start To Finish

If you’ve lost a loved one and you’re navigating probate for the first time, we’re deeply sorry for your loss. The death of a loved one is already an emotional time, but the court process of settling an estate can feel doubly overwhelming, especially when layered with unfamiliar legal terms, paperwork, and deadlines. Understanding what happens in probate court can bring clarity, reduce confusion, and provide a measure of peace during an otherwise difficult time.  

At its core, probate is the process of ensuring that a person’s final affairs are handled lawfully and fairly. The legal proceeding involves the distribution of assets and ensures that a deceased person’s debts are paid.  

In Florida, wills are subject to probate. A will describes how the decedent (called the “testator”) wants assets distributed and debts paid, among other matters. If there is no will, then the decedent is “intestate” and assets are distributed according to Florida intestate laws. If you’re facing this process, or simply planning ahead, here’s a roadmap of what to expect. 

Do I Have To Hire An Attorney? 

In Florida, most probate proceedings require the personal representative (the person, typically named in a decedent’s last will and testament, for handling probate) to be represented by a licensed attorney. This rule exists because probate is a complex, court-supervised process involving strict legal requirements, deadlines, and responsibilities that impact creditors, beneficiaries, and tax authorities. Personal representatives act not just on their own behalf, but on behalf of others with legal interests in the estate. Florida courts consider this a legal representation of third parties, which non-attorneys are not allowed to do because it involves the practice of law. 

In rare cases where the personal representative is the only person having any interest in the decedent’s estate, an individual is permitted to proceed without an attorney. Summary administrations, a form of probate where no formal personal representative is appointed, does not, strictly speaking, require a person to hire an attorney. However, in both situations, legal guidance is strongly recommended because of the complexity of the process. Ultimately, hiring an attorney helps protect the estate, prevent costly mistakes, and ensures the process is carried out according to Florida law. 

Choosing the Right Type of Probate 

Florida offers a few types of probate administration: 

• Formal Administration – This is the most common type and applies when the estate’s value is over $75,000 (unless the decedent passed away more than two years ago) or in circumstances where a person with the legal authority – the personal representative – is needed to handle certain types of assets or debts. 

• Summary Administration – This simplified process is used when the estate is worth $75,000 or less even or if the decedent passed away more than two years ago regardless of the value of the estate. 

• Disposition Without Administration – This is for very small estates with minimal personal property assets that need to be transferred to beneficiaries and certain final expenses including funeral expenses of not more than $6000 and certain medical expenses associated with the decedent’s last illness. 

Filing a Petition with the Court 

Once the right type of probate administration is identified, an interested party – usually a family member or the person named in the will as personal representative (sometimes also called the executor) – needs to file a Petition for Administration in the probate court in the county where the decedent lived. This petition asks the court to open the estate and, in formal administration, appoint the personal representative. If a will exists, it must be submitted to the court along with a death certificate.  

Appointment of a Personal Representative 

In formal administration, once the court approves the petition, it will issue Letters of Administration granting the personal representative the legal authority needed to manage the estate. This is an important position with significant responsibilities: this person is responsible for carrying out the entire probate process, from notifying heirs and creditors to distributing assets and filing final documents. 

The representative may be required to purchase a surety bond to insure the estate’s assets. This bond is meant to guarantee that the representative will act honestly and correctly during the settling of the estate. If the representative mismanages the estate, the bond can be used to compensate beneficiaries – or creditors – for losses. 

Inventory, Creditors, and Beneficiaries  

The next step involves identifying and valuing all probate assets. This includes real estate, bank accounts, vehicles, personal property, investments, and most other assets titled in the decedent’s name or otherwise owned by the decedent. This inventory list is filed with the court, detailing the assets and their estimated value. This step helps determine whether the estate has sufficient assets to pay debts and distribute inheritances. 

The personal representative must try to identify and must notify all known creditors of the estate; and to alert unknown creditors, the personal representative must publish a Notice to Creditors in a local newspaper. Creditors generally have three months from the date of publication to file any claims. These creditors, along with any administrative expenses and attorney’s fees, applicable state or federal taxes, among certain other obligations, must be paid before any assets can be distributed to beneficiaries. The personal representative may also need to file a final tax return on the decedent’s behalf.  

At the same time, beneficiaries named in the will, or legal heirs in the event there is no will, are notified of the probate proceeding and their potential inheritance. If there is no will, Florida’s intestacy laws determine who is eligible to inherit, starting with a surviving spouse and children and then extending to more distant relatives.  

Closing the Estate 

As one of the final steps, the personal representative files a final accounting with the court showing all financial activity during the process – including assets collected, expenses and claims paid, and distributions to beneficiaries or heirs made or that will be made before the court closes the proceeding. Once the court approves the accounting and confirms that everything has been properly handled, the estate is officially closed and the personal representative is discharged from the duties of that position. 

How Long Does Probate Take in Florida? 

Formal probate typically takes 9 to 12 months or more, depending on the complexity of the estate and whether there are disputes, unresolved taxes, or complex assets that require extra steps to administer. Summary administration can be completed more quickly, in a matter of a few weeks to a few months from the point when the petition is filed.