Florida Probate Process Step-by-Step: A Complete Guide From Initial Filing to Final Distribution of Estate Assets

Florida probate is the court-supervised process that authorizes a personal representative to collect probate assets, address creditor claims, and distribute remaining property to beneficiaries or heirs. 

The exact steps depend on whether the estate proceeds through formal administration or a simplified option like summary administration.

The Florida probate process asks you to follow specific court procedures and deadlines. You’ll file paperwork, notify creditors, value assets, pay debts and taxes, and then distribute what’s left to the right heirs.

Each stage comes with its own rules under Florida law. If you’re a personal representative or a beneficiary, knowing what comes next can save time and prevent expensive mistakes.

Key Takeaways

• Florida probate begins with a court petition and the appointment of a personal representative to manage the estate.
• The process involves notifying creditors, listing assets, paying debts and taxes, and distributing property to beneficiaries.
• Most formal probate cases in Florida take six months to a year from start to finish.

Step 1 — File a Florida Probate Case

The first step is to choose between formal or summary administration based on the estate’s size and circumstances. You’ll need to gather specific documents and file them with the circuit court in the county where the deceased lived.

Choose the Correct Path Before Filing: Formal vs Summary Administration

In Florida, you have two main probate options. Which one you pick depends on the estate’s value and how long ago the person passed away.

Summary administration works for smaller estates. You can use it when the estate is valued at $75,000 or less, or when the person died more than two years ago.

This option is faster and has less court involvement. Formal administration is for estates over $75,000 when the death occurred within the last two years.

It’s more involved but better handles complex estates. The type you choose determines which petition you file with the court.

A petition for summary administration asks the judge for an order of summary administration. A petition for administration starts the formal process and requests the appointment of a personal representative.

Filing Packet Checklist: Documents Families Typically Need on Day One

When you’re ready to file a petition for administration, you’ll need a few key documents.

Required documents include:

• Original will (if there is one)
• Death certificate (original short-form version)
• Petition for administration or summary administration
• Estimated value of estate assets
• Names and addresses of all beneficiaries and heirs
• Personal representative’s acceptance of duties (for formal administration)

Most circuit courts charge filing fees between $300 and $400. You’ll submit everything to the probate division in the county where the deceased lived at death.

Step 2 — The Court Appoints the Personal Representative and Issues Letters of Administration

After the probate judge reviews your petition, they appoint the personal representative if all requirements are met. 

The court then issues Letters of Administration, which let the personal representative manage the estate.

Letters of Administration Explained

Letters of Administration are official court documents that grant the personal representative authority to act on behalf of the estate. You’ll need these to work with banks, creditors, and others during probate.

The judge issues these letters after your attorney submits the proposed order. Once you have them, you can access estate accounts, sell property, pay debts, and handle other tasks.

If you don’t have Letters of Administration, you can’t do most estate duties. Banks and other organizations just won’t work with you until you show these documents.

The letters stay valid until the court officially closes the estate and releases you from your duties. That can feel like a long wait, but it’s necessary.

When a Florida Probate Attorney Is Required for the Personal Representative

Florida law says you need a probate attorney for most formal administration cases. Unless you’re a Florida-licensed attorney, you’ve got to hire legal counsel to represent the estate in court.

Florida Probate Rule 5.030 generally requires the personal representative to be represented by a Florida attorney unless the personal representative remains the sole interested person (or is a Florida-licensed attorney). Still, a probate lawyer can make the process smoother by handling legal details and filing the paperwork correctly.

Your attorney prepares all court documents, talks to creditors, and makes sure you follow Florida probate laws. They also help you avoid costly mistakes that could slow down distribution or put you at risk for personal liability.

Mary Conte Law can guide you through probate filing and distribution so deadlines don’t derail your case—contact us to schedule an appointment.

Step 3 — Secure Assets, Open the Estate Account, and Stop Financial Leakage

The personal representative must take control of the probate assets immediately and open a separate estate account. If you skip these steps, you could lose funds or face liability claims.

Asset Control Steps Families Miss

Change all locks on real property in the first week. This prevents family members, former caregivers, or tenants from removing valuables or entering without permission.

Contact every bank or financial institution where the deceased had accounts. Let them know about the death and ask them to freeze individual accounts to block unauthorized withdrawals.

Ask for date-of-death valuations at the same time. You’ll need these for the final accounting.

Critical actions to take immediately:

• Cancel all credit and debit cards in the decedent’s name
• Forward mail to your address or a P.O. box you control
• Secure vehicles by taking keys and titles
• Document personal property with photos and written lists
• Move jewelry, firearms, and collectibles to a safe location

Opening an estate account requires your Letters of Administration and the estate’s federal tax ID number. 

Deposit all income checks, like Social Security refunds or final paychecks, into this account—not your personal one.

Stop all automatic payments from the deceased’s accounts, except for essentials like mortgage payments or insurance. 

Allowing non-essential subscriptions or memberships to continue charging wastes estate funds and creates extra work later.

Step 4 — Publish and Serve Notice to Creditors

Florida law says you need to notify all creditors when a probate estate opens. You have to publish a general notice in a newspaper and send a direct notice to any creditors you know about.

Notice to Creditors: Publication + Direct Notice to Known Creditors

You must publish a notice to creditors in a local newspaper once a week for two weeks in a row. 

The notice needs to include the deceased’s name, the estate file number, the court’s name and address, the personal representative’s name and address, the attorney’s name and address, and the date of first publication.

Pick a newspaper in the county where you filed the probate case. Most counties have specific papers for legal notices.

You also need to send a direct notice to known creditors. Anyone you know the deceased owed money to—credit card companies, medical providers, whoever—needs a copy of the notice of administration by mail.

If the Florida Department of Revenue is a creditor of the estate, the personal representative may need to serve the Department with the Notice to Creditors under current DOR guidance. 

If the decedent was 55 or older, Florida law requires serving the Agency for Health Care Administration (AHCA) a copy of the Notice to Creditors and the death certificate within the statutory timeframe.

Creditor Claim Deadlines in Florida Probate

Creditors get three months from the first publication date to file claims against the estate. This deadline covers those who see the published notice.

Known creditors who receive direct notice have either 3 months from the first publication or 30 days from the date they received the mailed notice—whichever is later.

If you skip or delay proper notification to creditors, you could run into big problems. Late claims or challenges to the probate process can pop up.

The deadlines protect the estate by cutting off claims after a fair window. Once the creditor claim period ends, you can review and pay valid claims before distributing assets to beneficiaries.

Step 5 — Inventory and Valuation

The personal representative must file a verified inventory listing estate property with estimated date-of-death fair market values—generally within 60 days of the issuance of Letters of Administration.

Florida Probate Rule 5.340 gives residuary beneficiaries/heirs the right to request a written explanation of how inventory values were determined and, if obtained, copies of appraisals (with limits depending on beneficiary type).

Verified Inventory Requirements

You must file a verified inventory of all assets owned by the deceased at the time of death. This includes real estate, bank accounts, investments, vehicles, personal property, and business interests.

Each item needs its fair market value as of the date of death. You must swear to the inventory under oath and file it with the probate court.

Serve copies to all interested parties, including beneficiaries and creditors who’ve filed claims. If you find new assets after filing, submit a supplemental inventory.

Organize assets into clear categories to make things easier to review. List the exact location and description of each item and the way you valued it.

Appraisals and Valuation

The executor prepares an inventory and values the deceased’s assets. This usually means hiring professional appraisers for real estate, businesses, or valuable items like jewelry or artwork.

You’ll need formal appraisals for those big-ticket assets. For simple things like bank accounts, use the balance as of the date of death.

Common valuation methods include:

• Real property: Licensed real estate appraiser
• Publicly traded stocks: Closing price on date of death
• Vehicles: Blue Book value or dealer appraisal
• Business interests: Professional business valuator

Estate size decides if you need formal administration. Estates under $75,000 qualify for summary administration.

If beneficiaries ask for appraisals in writing, you’ve got to provide copies.

Step 6 — Handle Creditor Claims, Objections, and Payments

The personal representative reviews all creditor claims filed in probate and determines which debts are valid before making any distributions. Florida law lays out a strict order for paying these debts, and you can challenge any claim that looks wrong or isn’t backed up by proof.

Paying Debts in the Right Order

Florida law requires payment of expenses and obligations in the statutory order under F.S. 733.707; the personal representative must follow the class system when funds are limited.

Priority Order for Debt Payment:

1. Administration expenses – Court costs, attorney fees, personal representative fees, and accounting costs
2. Funeral costs – Reasonable funeral and burial expenses
3. Federal estate and income taxes
4. State estate and income taxes
5. Medical expenses from the last 60 days
6. Family allowance (if applicable)
7. All other claims, including credit cards and personal loans

If there’s not enough money to pay all debts in a certain class, you’ll have to split the available funds among those creditors. Lower-priority claims wait until higher-priority debts are covered.

Don’t pay creditors who just call or send letters—stick to properly filed claims.

Objecting to Creditor Claims

A written objection must be filed on or before 4 months after first publication of the Notice to Creditors, or within 30 days after a timely claim is filed/amended—whichever is later—and it must be properly served.

After you file an objection, send a copy to the creditor. They have 30 days to sue to enforce their claim—if not, it’s gone for good.

Look out for unverified claims, double-billing, charges made after death, or debts already paid. 

Double-check each claim before paying anything out. Issues with contested wills can also change how creditor claims are handled.

Want a step-by-step probate checklist customized to your estate? A quick call with Mary Conte Law can clarify the next filings. Contact us

Step 7 — Taxes and Required Clearances

The personal representative handles all tax obligations and obtains the necessary clearances before distributing assets. 

If you miss a tax deadline or skip a filing, the estate could stay open for months—or you might even be held personally responsible.

Tax-Related Tasks That Often Block Closing If Ignored

File the decedent’s final income tax return for the year they died. This covers income from January 1st up to the date of death.

The deadline is usually April 15th of the following year. Federal estate tax generally applies only to very large estates; for 2026, the federal basic exclusion amount is $15,000,000 (confirm current-year thresholds for your filing year)

Still, you have to check if the estate meets the filing requirements. Florida doesn’t have a state estate or inheritance tax, so that’s one less thing to worry about.

If the estate earns more than $600 during administration, you need to file Form 1041. That’s for interest, dividends, or rental income earned after death. Get a separate EIN for the estate to handle these filings.

Ask the IRS and Florida Department of Revenue for tax clearance letters before giving out what’s left. These letters prove you filed everything and paid all taxes. Paying debts and taxes keeps you safe from future claims.

Step 8 — Accounting and Plan for Distribution

The personal representative prepares a detailed financial report showing all income and expenses, along with a plan for how assets will be distributed.

 Beneficiaries should read these documents closely and sign receipts to confirm they got their share.

Partial vs Final Distributions

You might get your inheritance in pieces instead of all at once. Partial distributions occur when the representative distributes some assets before the estate is officially closed.

This usually occurs when some assets are ready to go while other estate matters remain pending. The representative can make partial distributions after paying off creditor claims and ensuring there’s enough remaining for other expenses.

You’ll get a partial accounting showing what’s happened so far. Final distributions happen after everything is wrapped up.

The representative files a final accounting with the court, listing all receipts, payments, and expenses. The proposed distribution plan spells out exactly what each beneficiary receives.

Once the court approves and everyone signs off, the remaining assets go to their new owners.

Receipts and Documentation Beneficiaries Should Expect to Sign

Before you get your inheritance, expect to sign a few documents. The receipt and release form is the key document—the representative will ask you to sign it to confirm you received your share and to confirm they did their job correctly.

The receipt usually lists what you received. Signing it means you acknowledge that you received what you were supposed to.

You might also sign a waiver of formal accounting if everyone agrees the estate was handled well. This allows the estate to close faster and avoids a detailed court hearing.

Hang onto copies of everything. These documents protect you and the representative by recording what happened during probate.

Step 9 — Final Distribution and Closing the Florida Probate Estate

Once you pay all debts and file the final accounting, you can distribute what’s left and formally close the estate. 

If you miss key documents here, the court might not discharge you as personal representative, so don’t skip anything.

Closing Documents That Commonly Trigger Rejections if Missing

File a petition for discharge with the probate court to officially close things out. This petition states that you distributed everything in accordance with the will of Florida law and completed your duties.

The court usually wants these before approving your discharge:

• Final accounting showing all income, expenses, and distributions
• Proof of distribution through receipts signed by each beneficiary
• Tax clearance documents confirming payment of all estate taxes
• Notice to beneficiaries proving you informed all parties of the final accounting

Your discharge petition requires a sworn statement that you have completed all the necessary tasks. Attach copies of receipts showing each beneficiary got their share.

Court clerks often reject petitions if you don’t include signed receipts. Some representatives distribute assets but fail to obtain written confirmation, which creates issues when closing the estate.

Discharge and What It Means for the Personal Representative

The court’s discharge order officially releases you from liability for your actions as personal representative. Once the judge signs off, beneficiaries can’t sue you for your decisions during administration—assuming you acted appropriately.

Discharge protects you from future claims about distributing assets or managing estate property. You’re only still on the hook for fraud, gross negligence, or intentional misconduct.

The discharge order marks the end of your role. After discharge, you can’t act for the estate anymore. Your letters of administration expire, and you lose access to estate accounts.

Most personal representatives are discharged within 30 to 60 days of filing if all documents are in order and no one objects.

Florida Probate Process Timeline: How Long Each Step Takes in Practice

The time required to probate in Florida depends on the type of administration and the complexity of the case. Summary administration usually takes 3-8 weeks, while formal administration often takes 6-12 months.

Fastest Path vs Delayed Path

The fastest path? That’s summary administration for smaller estates. If you’ve got all the paperwork and no one’s fighting over the will, you can finish in as little as three weeks.

The standard timeline for formal administration spans 6-12 months under normal conditions. Initial filing and giving notice to creditors usually takes about 2-4 weeks.

The creditor claim period drags on for three months after you publish that first notice. Several factors can slow everything down, sometimes significantly.

Creditor disputes might tack on another 3-6 months. If someone contests the will, you could be looking at delays of a year or more.

Complex assets—such as business interests—require additional time for valuation. The final accounting and estate closing typically takes several weeks to a few months to complete.

The court’s workload in your county also plays a role. Sometimes judges just can’t get to your filings as fast as you’d hope.

Ready to move from Letters to closing the estate with fewer surprises? Schedule an appointment to review your timeline and documents with Mary Conte Law.

Frequently Asked Questions

What are the main steps in the Florida probate process?

Florida probate usually follows these steps: deposit the will, file a petition, receive Letters of Administration, notify creditors, inventory and value assets, pay valid claims and taxes, distribute remaining property, and file paperwork to close the estate. 

What documents do you need to file probate in Florida?

To start a Florida probate case, families typically need a certified death certificate, the original will (if any), a list of assets with rough values, names/addresses of heirs and beneficiaries, and key deeds, statements, and account records showing how assets are titled. 

What are “Letters of Administration” in Florida probate?

Letters of Administration are court-issued documents that establish the personal representative’s legal authority to act on behalf of the estate—access accounts, manage property, pay bills, and sign documents necessary to transfer probate assets to beneficiaries or heirs. 

How long do creditors have to file claims in Florida probate?

Most creditors must file within 3 months after the first publication of the Notice to Creditors. Known creditors served directly generally get the later of 3 months or 30 days after service. Claims are barred after 2 years. 

When is the probate inventory due in Florida?

In formal administration, the personal representative must typically file a verified inventory within 60 days of the issuance of Letters of Administration. The inventory lists estate assets with estimated date-of-death values and includes beneficiary-rights notice, with limited exceptions. 

When do beneficiaries get paid in Florida probate?

Beneficiaries usually receive distributions after assets are identified, creditor deadlines are handled, and valid debts and expenses are paid. Partial distributions may be possible, but many estates wait until claim windows and core filings are complete. 

Do you need a lawyer for Florida probate?

In most Florida formal probate cases, the personal representative must be represented by a Florida-licensed attorney unless the personal representative remains the sole interested person (or is a Florida attorney). If real estate or disputes are involved, representation is typically essential.