Steps In The Florida Probate Process
Last updated on April 30, 2025
Regardless of the type of estate and assets involved, the probate process requires following strict rules and guidelines established by Florida statute and the courts. Working with a Florida probate attorney ensures the probate administration is handled properly for the benefit of all interested parties, including the state executor (also called the “personal representative”), potential creditors, and the estate beneficiaries.
At Feldman & Feldman, Counsellors at Law, P.A., we help families throughout Coral Springs and South Florida handle probate with clarity and compassion. With over 30 years of experience in probate, estate planning, elder law and special needs matters, we have the expertise and knowledge to move a probate administration forward as efficiently as possible without unnecessary delays.
What To Expect During The Florida Probate Process
While every probate administration is unique, these are the typical steps in a formal Florida probate administration (of course, depending upon the nature and complexity of the estate, many additional responsibilities and other requirements may apply):
● Petition for administration: A legal request is filed with the court to start the probate process.
● Appointment of personal representative: The court authorizes someone (usually named in the deceased person’s last will & testament) to manage the estate.
● Notifying creditors: The personal representative must send property notice to any “reasonably ascertainable” estate creditors and publish a notice in the local newspaper to notice any other potential creditors of the estate.
● Inventory and appraisal: Estate assets are identified and valued, then an estate inventory is prepared and filed with the court an served on all interested parties.
● Paying debts and taxes: Before estate assets may be distributed to the beneficiaries, valid debts of the decedent, as well as any taxes and other administrative expenses, must be paid.
● Accounting: The personal representative prepares and notices all interested parties with an “accounting” of the estate finances and expenses.
● Distribution of assets: The remaining property is distributed to the estate beneficiaries and the personal representative files to be discharged by the court and the estate closed.
These steps must be handled in accordance with strict deadlines and under the procedures as set forth in Florida statute and the Rules of Probate. In fact, every personal representative in a probate is required to have a lawyer represent them. Engaging a lawyer who can properly guide you through the probate process is not just helpful – it is necessary.
Frequently Asked Questions About Probate
For over 35 years, our lawyers have worked with families throughout Coral Springs and the South Florida community handling probate administration. Here are some of commonly asked questions we encounter:
How long does probate take?
Most probate cases in Florida take six to 12 months, but complex estates or probates that also involve a trust administration can take longer.
What happens if there is no will?
The estate is handled under Florida’s intestacy laws, meaning assets go to close relatives in a set legal order.
Who can serve as a personal representative?
Anyone over the age of 18, who is not a convicted felon, and who is either a Florida resident or a sufficiently close relative (regardless of residency), may be appointed as personal representative.
What type of assets as subject to probate?
Assets titled in the sole name of the decedent (without a joint owner) that do not have a beneficiary designation must typically be handled via a probate proceeding.
Does a revocable living trust avoid probate?
Use of a revocable living trust can avoid the need to probate assets titled in the name of the trust (or which name the trust as a direct beneficiary). However, if the estate has potential creditors, or if someone must be appointed to act on behalf of the deceased person, then it may be necessary to open a probate proceeding despite the existence of a trust. Our experienced Florida probate and estate planning attorney can help arrange your estate so as to minimize the need for a probate administration upon your passing.
Regardless of whether a probate is necessary, the trustee of a revocable living trusts must follow certain steps to ensure they are property administering the trust. While not typically as time-consuming or cumbersome as a probate administration, all trustees should work with an experienced attorney to properly guide and advise them of their responsibilities as trustee.
Work With Dedicated Coral Springs Probate Attorneys
Rather than delegating your matter to staff members, our attorneys at Feldman & Feldman, Counsellors at Law, P.A., remain directly involved throughout your case and oversee every probate administration personally. Connect with our Coral Springs probate attorneys today by calling 954-228-6074.