Quick Read Summary (TLDR)

The Florida probate process, while necessary to settle an estate, can be confusing, so families should be aware of five key principles before starting. Crucially, the original will must be filed promptly, and families must prepare for a lengthy process, as even straightforward estates take six to twelve months. Before heirs receive distributions, the estate’s personal representative must pay all valid debts and taxes, and they must determine which assets bypass probate entirely, like jointly held property or life insurance. Serving as a personal representative is a serious legal duty that requires meticulous recordkeeping, making it an important first step to consult with a Florida probate attorney.

If your family has recently suffered a loss and needs representation in probate court, reach out to South Florida Law at (954) 900-8885 or via our contact form.

Losing a loved one is difficult enough without having to navigate an unfamiliar legal process. Probate, the court-supervised procedure for settling a deceased person’s estate, can feel overwhelming for families encountering it for the first time. Understanding a few key principles before getting started can ease much of the confusion and help families avoid costly mistakes.

1. The Original Will Must Be Filed Promptly with the Court

In Florida, probate begins with the filing of the deceased person’s original will with the circuit court in the county where the decedent resided. Under Florida Statute 733.201, a will must be deposited with the court, and Florida law requires this filing within ten days of learning of the death. The court requires the original document bearing wet-ink signatures — not a photocopy or digital scan. If the original cannot be located, the court may treat the estate as though no will existed at all. In that situation, Florida’s intestacy laws would control asset distribution rather than the decedent’s wishes. An experienced Florida probate attorney can guide families through the steps involved in filing the will and petitioning the court to open the estate.

2. The Florida Probate Timeline Is Longer Than Most Expect

One of the most common sources of frustration is learning that probate does not happen quickly. Even a straightforward Florida estate typically takes six to twelve months to go through probate, and complex cases can take considerably longer. Mandatory creditor claim periods, court scheduling, asset appraisals, and beneficiary disputes all contribute to this timeline. Under Florida Statute 733.601, the personal representative has 60 days after appointment to file an inventory of estate assets with the court. Families should plan accordingly and avoid relying on anticipated inheritances for immediate financial needs.

“Even a straightforward Florida estate typically takes six to twelve months to go through probate…”

3. Creditors Are Paid Before Beneficiaries Receive Their Share

Before any assets can be distributed to heirs, Florida law requires the estate to satisfy all valid debts, taxes, and administration expenses. The personal representative must publish a Notice to Creditors in a local newspaper and directly notify all known or reasonably ascertainable creditors. Creditors generally have three months from the date of first publication to file claims. Florida Statute 733.710 establishes an absolute two-year statute of repose, after which all creditor claims are permanently barred. A personal representative who distributes assets before properly resolving creditor claims may face personal liability. Working with a qualified probate attorney helps ensure debts are paid in the correct priority order under Florida Statute § 733.707.

4. Not All Assets Pass Through Probate

A common misconception is that everything a person owned must go through probate court. In reality, many assets bypass probate entirely. Non-probate assets include jointly held property with rights of survivorship, life insurance policies with named beneficiaries, retirement accounts with designated beneficiaries, bank accounts with payable-on-death designations, and assets held within a properly funded revocable living trust. Only assets solely in the decedent’s name without a beneficiary designation or survivorship feature are considered probate assets. Identifying which assets fall inside and outside of probate early in the process can provide families with quicker access to funds for immediate expenses.

5. Serving as Personal Representative Is a Serious Legal Responsibility

Being named personal representative — referred to as executor in many other states — is not merely an honorary title. It carries significant fiduciary duties under Florida law. The personal representative must gather and protect estate assets, notify creditors and beneficiaries, file tax returns, pay valid claims, and distribute remaining assets according to the will or Florida’s intestacy statutes. Under Florida Statute 733.302, a personal representative must generally be a Florida resident unless the individual is a close relative of the decedent such as a spouse, sibling, parent, or child. Meticulous recordkeeping is essential, as the personal representative may be held liable for mismanagement of estate assets. Retaining a knowledgeable Florida probate attorney is one of the best steps a personal representative can take, and attorney fees are typically paid from the estate itself.

The Importance of an Attorney

The Florida probate process does not have to be a source of fear or confusion. By understanding these five key principles, families can approach probate with greater clarity and fewer surprises. Consulting with an experienced Florida attorney early in the process can save time, reduce stress, and help protect the interests of everyone involved.

South Florida Law

Going through an administratively-intense and regulated court process during a time of loss and grief can be difficult for family members left behind after a death. It is important to know that family members do not have to “go it alone” during this difficult time. The Florida probate attorneys of South Florida Law are litigation professionals with experience in estate planning and probate law. A unique law firm in the Florida market for attorneys, we have both the resources of a larger law firm and the attention to detail of a boutique firm. We seek to understand what is important to you in the process and represent your best interests in court.

If your family has recently suffered a loss and needs representation in probate court, reach out to South Florida Law at (954) 900-8885 or via our contact form.