DIY Probate: A Layperson’s Guide to Probate in Florida

Probate is the court-supervised process of validating a will (if one exists), paying a deceased person’s debts, and distributing what remains to the rightful heirs or beneficiaries. In Florida, it’s handled by the circuit court in the county where the deceased person lived.

No. Assets held jointly with rights of survivorship, assets with a named beneficiary (like life insurance or retirement accounts), and assets held in a trust generally pass outside of probate.

Not by itself. A will directs who receives your assets, but property in your individual name typically still passes through probate so the court can validate the will and oversee the transfer.

Summary administration is a shortened form of Florida probate available when the estate’s value (excluding certain exempt property) is $75,000 or less, or when the deceased person has been gone for more than two years.

Formal administration is the standard Florida probate process for larger or more complex estates. It involves appointing a personal representative and court oversight of the full administration.

It depends on the estate. A straightforward summary administration may resolve in a few months, while formal administration often takes six months to a year or longer, especially with disputes or complex assets.

A personal representative (called an executor in some states) is the person the court appoints to administer the estate: gathering assets, notifying creditors, paying valid debts, and distributing property under court supervision.

It depends on the estate. Florida law requires an attorney for formal administration in most cases. Some simple summary administrations may not require one, but every estate is different, and legal guidance is recommended.

Florida generally requires attorney representation for formal administration unless the personal representative is the only interested party in the estate. Even outside that requirement, guidance can help avoid costly mistakes.

A will contest can pause distribution while the court resolves the dispute. These matters often become adversarial and are a common reason families seek probate litigation counsel.

Commonly required documents include the original will (if one exists), a certified death certificate, and a petition filed with the appropriate circuit court, among others depending on the estate.

Assets held jointly with rights of survivorship, accounts with a named beneficiary, and assets titled in a properly funded trust generally pass outside of the probate process.

Costs vary based on the estate’s size, complexity, and the type of administration used. Court filing fees, publication costs, and attorney’s fees are among the typical expenses.

Once the court approves the final distribution and administration, the personal representative distributes remaining assets to beneficiaries and the estate is formally closed.

Yes. DIY Probate: A Layperson’s Guide to Probate in Florida is a free educational download with no cost and no obligation.

No. Downloading or reading the guide does not create an attorney-client relationship with The DeVries Law Firm, P.A. That relationship is only formed through a separate, explicit agreement.

Estate planning happens before death and includes tools like wills and trusts. Probate is the court process that happens after death to administer and distribute the estate.

When someone dies without a will, they are considered to have died “intestate,” and Florida’s intestacy statutes determine how the estate is distributed among heirs.

Florida law allows a personal representative who is the sole interested party to proceed without an attorney in some cases, but this depends on the specific facts of the estate.

Ancillary probate applies when someone who lived out of state owned property in Florida at death. A separate Florida proceeding may be needed to transfer that property.

Florida homestead property is subject to special constitutional protections and rules that can affect how it passes to heirs, separate from the general probate process for other assets.

A creditor claim is a formal request by someone owed money by the deceased person to be paid from the estate. Florida law sets specific deadlines and procedures for these claims.

Florida has specific eligibility requirements for personal representatives, including residency rules for individuals who are not closely related to the deceased person.

They refer to the same role. Florida law uses the term “personal representative,” while many other states use “executor” for the same responsibilities.

Beneficiaries generally can’t shorten statutory waiting periods, such as the creditor claim window, but cooperation among beneficiaries can help avoid delays caused by disputes.

In addition to this free guide, our complete guide to Florida probate and Probate FAQs page offer further reading.