When someone passes away, their assets often must go through a legal process called probate. Probate can feel confusing — especially during an emotional time.

FLProb8 provides statewide Florida probate guidance, helping families and personal representatives understand what to expect and how to move forward with confidence.

This page explains the Florida probate process in plain English.

What Is Probate?

Probate is the court-supervised process used to:

• Validate a will (if one exists)
• Appoint a personal representative (executor)
• Identify and protect estate assets
• Pay valid debts and expenses
• Distribute remaining assets to beneficiaries
• Close the estate

Probate ensures that property is transferred legally and that creditors and beneficiaries are treated fairly.

Not every estate requires formal probate, but many do.

When Is Probate Required in Florida?

Probate may be required when:

• Assets are titled solely in the decedent’s name
• Florida real estate was not jointly owned or in a trust
• Bank or investment accounts lack beneficiary designations
• Financial institutions require court authority to release funds

Some assets pass outside probate (such as certain jointly owned property or accounts with named beneficiaries), but many estates still require court involvement.

A brief consultation can help determine whether probate is necessary.

Types of Probate in Florida

Florida offers several probate paths depending on the estate:

Formal Administration

The most common process for larger or more complex estates.
Requires court supervision and appointment of a personal representative.

Summary Administration

A streamlined probate option available for qualifying estates based on value or time since death.
Often faster and may not require a personal representative.

Ancillary Probate

Used when the decedent lived outside Florida but owned property here.
Allows Florida assets to be transferred properly while coordinating with the primary estate.

FLProb8 helps determine which process applies and prepares all required filings.

Step-by-Step: The Florida Probate Process

While every estate is different, most probate cases follow a similar structure:

1. File the Probate Case
   A petition is filed with the probate court in the appropriate county.

2. Appointment of Personal Representative (Formal Probate)
   The court appoints a personal representative who becomes legally responsible for managing the estate.

3. Identify and Secure Estate Assets
   All property must be located, protected, and properly documented.

4. Notify Creditors and Beneficiaries
   Required legal notices are issued. Creditors are given a limited time to submit claims.

5. Pay Debts and Expenses
   Valid creditor claims, taxes, and estate expenses are paid before distributions occur.

6. Prepare Inventories and Accountings
   The court may require formal documentation of estate assets and transactions.

7. Distribute Remaining Assets
   Once obligations are satisfied, assets are distributed to beneficiaries.

8. Close the Estate
   Final paperwork is filed and the probate case is formally closed.

FLProb8 manages these steps to help avoid delays, rejected filings, and unnecessary court hearings.

How Long Does Probate Take in Florida?

Probate timelines vary depending on:

• Estate complexity
• Type of administration
• Creditor activity
• Court schedules

Some cases resolve in a few months, while others may take a year or longer.

Proper preparation and accurate filings help keep cases moving efficiently.

Common Probate Mistakes Families Make

Without guidance, families often run into problems such as:

• Delaying court filings
• Distributing assets too early
• Missing creditor deadlines
• Failing to protect estate property
• Submitting incomplete paperwork

These mistakes can cause delays, disputes, or personal liability for the personal representative.

Who We Help

FLProb8 regularly assists:

• Personal representatives
• Surviving spouses
• Adult children
• Beneficiaries
• Out-of-state heirs
• Families unsure whether probate is required

Many probate matters can be handled remotely, allowing us to help clients statewide.

Why Families Choose FLProb8

✔ Focused exclusively on Florida probate
✔ Statewide representation
✔ Clear explanations in plain English
✔ Structured, step-by-step process
✔ Experience with simple and complex estates
✔ Remote-friendly service

Probate is a legal process — but it also happens during a difficult time.

We approach every matter with professionalism and compassion.