Top Probate Questions and Answers

In Florida, the probate process typically includes the following steps:

1. Filing a Petition – A petition is filed with the probate court to start the process and request the appointment of a personal representative (executor).

2. Appointment of a Personal Representative – The court formally appoints someone to manage the estate, often named in the will.

3. Notifying Heirs and Creditors – All interested parties, including beneficiaries and creditors, are notified of the probate proceedings.

4. Inventorying Assets – The personal representative identifies, gathers, and appraises all probate assets.

5. Paying Debts and Taxes – Valid debts and any applicable taxes are paid from the estate’s assets.

6. Distributing the Estate – After debts and expenses are paid, the remaining assets are distributed to the beneficiaries as outlined in the will or under state law.

7. Closing the Estate – A final accounting is submitted to the court, and once approved, the estate is officially closed.

Probate administration is the court-supervised process of handling a deceased person’s assets and debts. In Florida, this includes identifying and gathering assets, paying valid creditor claims, and distributing the remaining estate to heirs or beneficiaries. The court oversees the process to ensure everything is handled according to Florida law and the decedent’s will, if one exists.

Estate administration is another term for probate. It refers to managing the decedent’s estate, which includes both probate and sometimes non-probate assets. Estate administration ensures that assets are properly transferred, debts are paid, and legal requirements are met.

Summary administration is a simplified form of probate available when:

1. The estate’s value is $75,000 or less (not counting exempt assets like homestead property), OR

2. The decedent has been deceased for more than two years.
   It avoids the lengthy steps of formal probate and is generally quicker and less costly.

Formal administration is the standard probate process in Florida. It applies when the estate exceeds $75,000 or when there are complex issues such as disputes or multiple.  A personal representative (sometimes called an executor) is appointed by the court to manage the estate under ongoing supervision until it is fully administered.  This is a very high level overview. One of our attorneys can explain the process in greater detail during your consultation.

Probate “without administration” (also called Disposition of Personal Property Without Administration) is available for very small estates. It applies only if the decedent leaves behind only exempt property (like homestead or personal belongings) or if the assets are being used to pay final expenses such as funeral costs or last medical bills. It is the quickest and least formal option.

A Letter of Administration (often called “Letters”) is a court order that gives the personal representative legal authority to act on behalf of the estate. With these Letters, the representative can access bank accounts, sell property, pay debts, and distribute assets. Without the Letters, financial institutions and other third parties will not release or transfer estate property.