Florida’s Probate Process Explained In 2026: What You Need To Know

When someone passes away, their estate usually has to go through a legal process before anything can be passed on to family or loved ones. That process is called probate. 

What Probate Actually Is

Probate is the court-supervised process of settling a deceased person's estate. Its purpose is to confirm whether a will is valid, give creditors the chance to collect what they're owed, and ensure that whatever is left gets distributed to the right people properly.

Not everything goes through probate. Assets that have a named beneficiary (like life insurance policies, retirement accounts, or accounts with a "payable on death" designation) pass directly to that person without any court involvement. The same goes for assets held in a trust or owned jointly with rights of survivorship.

What typically goes through probate are real estate owned solely in the deceased's name, bank accounts without a beneficiary, personal property, and investments held individually.

The Two Types of Probate in Florida

In Florida, there are two main types of probate, depending on the size and complexity of the estate.

Summary Administration

This is a simplified, faster process available when the total value of the estate subject to probate is $75,000 or less, or when the person passed away more than two years ago. It doesn't require a personal representative to be appointed and can often be resolved in a matter of weeks.

Formal Administration

This is the full probate process, required for larger or more complex estates. It involves appointing a personal representative, notifying creditors, managing assets, and going through several court filings before the estate can be closed. This is what most people picture when they think of probate.

Step-by-Step: How Formal Probate Works

Step 1 — Filing a Petition to Open the Estate

The process starts by filing a petition with the probate court in the county where the deceased lived. If there's a will, it's submitted to the court at this stage to be validated. The court reviews it to confirm it meets Florida's legal requirements: proper signatures, witnesses, and so on.

Step 2 — Appointing a Personal Representative

Once the estate is opened, the court appoints a personal representative (sometimes called an executor in other states). This is the person responsible for managing the estate throughout the process. If there's a will, it typically names who this should be. If not, the court follows Florida law to determine who is appointed—usually a spouse or close family member.

Step 3 — Notifying Creditors

Florida law requires that creditors be notified of the death and given a chance to file claims against the estate. This is done by publishing a notice in a local newspaper and directly notifying known creditors. Creditors generally have 90 days to file a claim from the date of the notice.

Step 4 — Taking Inventory of the Estate

The personal representative is responsible for identifying, locating, and protecting all of the estate's assets. This includes everything from real estate and bank accounts to vehicles, investments, and personal belongings. A formal inventory is filed with the court.

Step 5 — Paying Debts, Expenses, and Taxes

Before anything is distributed to beneficiaries, legitimate debts and expenses have to be paid. This includes funeral costs, outstanding bills, valid creditor claims, and any applicable taxes. The personal representative reviews each claim and determines what's valid.

Important: Not all creditor claims have to be paid. The personal representative has the right to object to claims that seem invalid or inflated. This is one area where having legal guidance can make a real difference in what beneficiaries ultimately inherit.

Step 6 — Distributing Assets to Beneficiaries

Once debts and expenses are settled, what remains gets distributed. If there's a valid will, assets go to whoever is named in it. If there's no will, Florida's laws determine who gets what, which generally follows a priority order starting with spouses and children.

Step 7 — Closing the Estate

The final step is filing a petition to close the estate with the court. This includes a final accounting that shows everything that came in, everything that went out, and how assets were distributed. Once the court approves it, the estate is officially closed, and the personal representative's duties are complete.

How Long Does Probate Take?

Summary administration can sometimes be wrapped up in a few weeks. Formal administration typically takes anywhere from six months to 18 months, depending on the complexity of the estate, how quickly creditors respond, and whether any disputes come up.

What Happens When There's No Will?

This is called dying "intestate," and it's more common than most people expect. When there's no will, Florida's intestacy laws determine who inherits what. Generally, a surviving spouse typically receives the largest share, followed by children, then other relatives in order of closeness.

The probate process still applies—it just follows the law rather than the deceased's wishes. This is one of the most common reasons estate planning attorneys encourage people to have a will in place, no matter how simple their estate may seem.

What Is Contested Probate?

Sometimes the probate process doesn't go smoothly. A family member may challenge whether the will is valid, claim they were unfairly excluded, or dispute how assets are being managed. These situations are called contested probate, and they require court hearings and, often, negotiation between parties.

Common reasons probate becomes contested include:

• Allegations that the deceased was pressured or manipulated into changing their will

• Questions about whether the deceased had the mental capacity to make their will

• Disputes between beneficiaries about how assets should be divided

• Concerns that the personal representative is mismanaging the estate

Contested probate takes longer and is more involved—but it's a normal part of the legal system designed to make sure the outcome is fair.

If you're facing probate for the first time, you need to know that you don't have to figure it out alone. A qualified probate attorney can walk you through every step, handle the paperwork, and make sure nothing goes smoothly, so you can focus on yourself and your family.