Florida Probate Court: What It Is, When It’s Required, and How to Open a Case
If you’ve recently lost a loved one, you may be hearing the term Florida probate court for the first time. For many families, probate can feel confusing and overwhelming, but understanding how the Florida probate process works can make things much more manageable.
This guide explains what is Florida probate court, when is probate required, and how to open a probate case in Florida.
What Is Florida Probate Court?
Florida probate court is part of the state’s circuit court system that oversees the legal process of administering a deceased person’s estate.
In simple terms, Florida probate court ensures that:
A valid will (if one exists) is recognized
Assets are properly gathered and distributed
Debts and taxes are paid
Beneficiaries receive what they are entitled to
Each county has its own probate division. Jurisdiction is determined by the county where the decedent resided at time of death or if the decedent owned property in that county.
When Is Probate Required by Florida Probate Court?
Not every estate must go through probate court in Florida, but many do. Probate is generally required when a person passes away owning assets in their name alone.
Common situations where Florida probate court is required include:
Real estate titled solely in the decedent’s name
Bank accounts without a designated beneficiary or co-owner with right or survivorship
Investment accounts without transfer-on-death designations
Personal property exceeding Florida’s small estate limits
However, probate may not be necessary if:
Assets are held in a revocable living trust
Accounts have named beneficiaries (such as life insurance or retirement accounts)
Property is jointly owned with rights of survivorship or designated to beneficiaries via Enhanced Life Estate Deed (also known as Ladybird Deed)
Florida probate court handles two main types of probate administration:
Formal Administration – the standard process for most estates
Summary Administration – a simplified process for smaller estates of less than $75,000 or when the decedent has been deceased for more than two years
How the Florida Probate Process Works
Once a case is opened in Florida probate court, the probate process generally follows these steps for formal probate:
Filing the Petition
A petition with the will (if there is one) and death certificate is filed with the Florida probate court to open the estate.
Appointment of Personal Representative
The court appoints a personal representative (executor) to manage the estate.
Notice to Creditors The notice to creditors is published in a local newspaper for two consecutive weeks, and creditors generally have 90 days from the date of first publication (or 30 days from direct notice) to file claims.
Inventory of Estate Assets
The personal representative identifies and values all probate assets.
Payment of Debts and Expenses
Valid debts, taxes, and administrative costs are paid.
Distribution to Beneficiaries
Remaining assets are distributed according to the will or Florida law.
This is a VERY simple overview of the Florida probate process. This process can take several months to over a year, depending on the complexity of the estate.
How to Open a Case in Florida Probate Court
If you need to open a case in Florida probate court, taking the right steps early can help avoid delays.
1. Determine the Correct Probate Court
You must file in the county where the deceased person resided. For example, estates in Palm Beach County are handled by the Palm Beach County Fifteenth Circuit Court’s Probate Division.
2. Locate and File the Will
If a will exists, Florida law requires the original filed with the appropriate county’s probate court.
3. Work with a Probate Attorney
In all formal probate cases, Florida law requires the personal representative to be represented by an attorney who is licensed and based in Florida. This helps ensure the estate is handled correctly.
4. File a Petition for Administration
This document formally asks the Florida probate court to open the estate and appoint a personal representative.
5. Gather Important Documents
You will typically need:
Death certificate
Original will (if any)
Information about assets and creditors
Common Issues in Florida Probate Court
While many cases proceed smoothly, some estates face complications in Florida probate court, such as:
Family disputes or will contests
Unknown or difficult-to-value assets
Creditor claims
Delays in selling real estate
Being proactive and organized can significantly improve how efficiently the probate process moves forward.
Do You Always Need Florida Probate Court?
Not always—but if probate is required and not handled properly, serious issues and expenses can arise.
Failing to open a case in Florida probate court when necessary can lead to:
Inability to transfer or sell property
Frozen financial accounts
Ongoing expenses like taxes or HOA fees with no access to funds
Potential foreclosures or liens
If you’re unsure whether probate is required, it’s best to get guidance from an attorney early to avoid costly mistakes.
Florida Probate Court and Local Considerations
Your case will be handled by the local Florida probate court that has jurisdiction. Local rules and procedures can impact timelines, so reviewing the specific county and Judge’s instructions can make the process smoother.
FAQs About Florida Probate Court
Do all estates go through Florida probate court?
No. Assets with designated beneficiaries or held in a trust typically avoid probate.
How long does probate take in Florida?
Most cases take several months to over a year, depending on complexity and whether disputes arise.
Can you avoid Florida probate court?
Yes, with proper planning—such as using a revocable living trust or beneficiary designations—many assets can pass outside of probate.
Final Thoughts
Florida probate court plays a critical role in ensuring estates are administered properly and legally. While the process can seem overwhelming at first, understanding how probate court in Florida works and taking the right steps early can save time, reduce stress, and protect your family.
If you wish to set up an estate plan and avoid probate, or if you need to open a probate case or have questions about the Florida probate process, getting experienced guidance can make all the difference. Contact us today to request a consultation.