What are the types of Probate in Florida?

Formal Administration: This is the standard probate procedure in Florida and is required for estates valued above $75,000 or where a personal representative is needed to handle complex matters. The court appoints a Personal Representative to collect assets, notify creditors, pay debts and taxes, and distribute property to heirs or beneficiaries. The process is supervised by the court and includes formal filings and accountings.

Summary Administration

Summary Administration is available when the estate’s non-exempt assets are valued at $75,000 or less, or if the decedent has been deceased for more than two years. It is typically faster and less costly than Formal Administration, but it may not be an option if significant creditor claims remain unresolved. The process involves petitioning the court to release assets directly to heirs or beneficiaries without appointing a Personal Representative.

Disposition Without Administration

This is the simplest form of probate in Florida and applies only in very limited situations. It may be used when the decedent leaves only exempt property (like personal belongings or a homestead) or assets whose value is less than the final expenses, such as funeral costs and medical bills from the last illness. In these cases, the court may allow direct reimbursement of those expenses without formal probate.

What assets must go through Probate?

Generally, assets titled solely in the decedent’s name with no designated beneficiary must pass through probate. This can include real estate, bank accounts, investment accounts, vehicles, and personal property. Assets held jointly with rights of survivorship or with named beneficiaries—such as life insurance policies, retirement accounts, or payable-on-death bank accounts—transfer directly outside of probate.

What if there was no Will?

When someone dies without a Will in Florida, their estate is distributed under intestate succession laws. These laws prioritize spouses, children, and other close relatives, with specific rules in the Florida Statutes dictating who inherits and in what shares. This is known as dying “intestate.”

What if there is a Will?

If the decedent left a valid Will, it must be filed with the court and admitted to probate. Once admitted, the estate is referred to as a “testate estate,” and the Personal Representative distributes assets according to the terms of the Will. The court ensures the Will is properly executed and followed.

What is the difference between an Heir and a Beneficiary?

An “Heir” is someone entitled to inherit under Florida’s intestacy laws when there is no Will. A “Beneficiary” is someone named in a Will (or trust) to receive property. If a person inherits through intestacy, they are considered an Heir. If they inherit through a Will, they are a Beneficiary. The terms overlap, but the distinction depends on whether a Will exists.

What is a Personal Representative?

The Personal Representative (sometimes called an executor in other states) is the individual or institution appointed by the court to manage the estate. Their duties include safeguarding assets, paying debts and taxes, and distributing the remaining property to the rightful heirs or beneficiaries. Florida law requires the Personal Representative to act in the best interests of the estate and under court supervision.

Where does the Probate process take place?

Probate is typically filed in the Florida county where the decedent was domiciled (had their permanent residence) at the time of death. If the person owned property in multiple counties, proceedings may also be required in those jurisdictions, known as ancillary probate.