Overview
Probate is the court-supervised process of settling a person's affairs after they die. In Florida, it is governed primarily by Chapter 733 of the Florida Statutes, and it applies whether or not the person left a will. For most Florida families, probate is the moment estate planning either pays off or reveals what was missing. Understanding how the process actually works is the foundation for every other estate planning decision you will make.
What Probate Actually Does
Probate has three jobs. First, it identifies and gathers the deceased person's assets. Second, it pays valid debts and final expenses, including any taxes owed. Third, it distributes whatever remains to the people legally entitled to inherit. If the person left a valid will, the court generally follows it. If the person died without a will, Florida's intestate succession statutes decide who inherits and in what shares. Either way, the process is public, supervised by a Florida circuit court, and follows the timelines and procedures set out in the Florida Probate Code.
Which Assets Go Through Probate, and Which Do Not
Only certain assets pass through probate. These are called probate assets, and they share one feature: they were owned in the deceased person's name alone, with no surviving co-owner and no named beneficiary. A solo checking account, a car titled to one person, or a home with only one name on the deed are the most common examples. Many assets bypass probate entirely. Life insurance proceeds, retirement accounts, annuities, and payable-on-death or transfer-on-death accounts pass directly to the named beneficiary. Property held jointly with rights of survivorship passes automatically to the surviving owner. Assets titled in the name of a revocable living trust pass under the trust's terms without court involvement.
The Two Types of Florida Probate
Florida law provides two main paths. The first is formal administration, governed by Chapter 733. This is the full process and applies to most estates. The personal representative gathers the assets, publishes a notice to creditors, pays valid claims, files an inventory, handles any tax filings, and then distributes the remaining assets to the beneficiaries. Formal administration typically takes six months to a year. The second path is summary administration, governed by Florida Statute 735.201. This is a streamlined process for smaller estates. Under current law, an estate qualifies if the probate assets are worth $75,000 or less, or if the person has been deceased for more than two years. Under Florida's CS/SB 1500, that threshold doubles to $150,000 effective July 1, 2026.
Frequently Asked Questions About Probate in Florida
How long does probate take in Florida? Summary administration can often be completed in a few weeks. Formal administration typically takes six months to a year.
Does having a will avoid probate in Florida? No. A will is a set of instructions for the probate court. To avoid probate, assets must be titled through a trust, beneficiary designation, or joint ownership.
Is probate always required when someone dies in Florida? No. If all assets pass through beneficiary designations, joint ownership, or a trust, formal probate may not be required at all.
Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Consult a licensed Florida estate planning attorney for advice specific to your situation.