How Florida Probate Works: A Step-by-Step Overview for Palm Beach Estates

Florida probate is the court-supervised process of identifying a deceased person’s assets, paying their valid debts and taxes, and distributing whatever remains to the heirs or beneficiaries. It runs through the circuit court in the county where the decedent lived, follows the Florida Probate Code (Chapters 731 through 735 of the Florida Statutes), and is administered by a personal representative the court formally appoints. For most Palm Beach families, the process takes somewhere between six months and a year, and a surprising amount of that timeline is driven by one thing people rarely anticipate: creditors.

I’ve handled estates across Palm Beach County for years, and the question I hear most often is some version of “Do we even have to do this?” Sometimes the answer is no. But when probate is required, understanding the sequence ahead of time saves families money, friction, and months of avoidable delay. Here’s how it actually works.

What Probate Is and When Florida Requires It

Probate exists because title to property doesn’t transfer itself when someone dies. If a bank account, a brokerage account, or a parcel of real estate is titled in the decedent’s sole name with no beneficiary designation and no surviving co-owner, a court has to authorize the transfer. That authorization is what probate provides.

Not every asset goes through probate. Florida law lets a great deal pass outside the process, and recognizing the difference early is the single most useful thing a family can do. Assets that typically avoid probate include:

• Property held in a properly funded revocable living trust;
• Accounts with valid payable-on-death (POD) or transfer-on-death (TOD) designations;
• Life insurance and retirement accounts (IRAs, 401(k)s) with named beneficiaries;
• Real estate or accounts owned as joint tenants with right of survivorship or as tenancy by the entirety between spouses;
• Homestead property that passes by Florida’s constitutional homestead protections (though a court order confirming that status is often still needed).

What’s left in the decedent’s sole name is the probate estate. If that estate exists, Florida generally requires one of two formal procedures: summary administration or formal administration.

Summary Administration vs. Formal Administration

Summary administration, governed by Chapter 735, is the streamlined path. It’s available when the probate estate (excluding exempt property) is worth $75,000 or less, or when the decedent has been dead for more than two years. The two-year option matters more than people realize, because after two years Florida’s statute of limitations bars most creditor claims entirely (§ 733.710). That single provision can transform a complicated estate into a simple one.

Formal administration is the full process, and it’s what most estates with significant sole-name assets require. It involves appointing a personal representative, opening a creditor period, and shepherding the estate through to distribution. Everything below describes formal administration, because that’s where the real work lives.

The Step-by-Step Florida Probate Process

Here is the typical sequence for a formal administration in Palm Beach County. The order matters; skipping or rushing a step usually creates problems that surface later.

1. Deposit the will and file the petition. Whoever holds the original will must deposit it with the clerk of the circuit court within ten days of learning of the death (§ 732.901). The petition for administration is then filed in the county of the decedent’s residence, which for our clients is usually the Palm Beach County Circuit Court.
2. The court appoints a personal representative. If there’s a will, the named executor usually serves. If not, Florida’s priority statute (§ 733.301) controls, generally favoring the surviving spouse, then the person chosen by a majority of heirs. The court issues Letters of Administration, the document that gives the personal representative legal authority to act.
3. Retain a Florida attorney. This isn’t optional in most cases. Under Florida Probate Rule 5.030, a personal representative in a formal administration must be represented by an attorney unless the PR is the sole interested person. Florida is stricter here than many states.
4. Identify, gather, and value the assets. The personal representative inventories everything, secures the property, and files a written inventory with the court within 60 days of receiving Letters (Fla. Prob. R. 5.340). Date-of-death values matter, and appraisals are often needed for real estate and unique assets.
5. Notify and handle creditors. This is the heart of the matter, and it’s covered in its own section below.
6. Pay debts, taxes, and administration expenses. Valid claims, final income taxes, funeral costs, and the costs of administration are paid from estate assets in the statutory order of priority set out in § 733.707.
7. Distribute the remainder and close the estate. Once creditors are resolved and any disputes settled, the personal representative distributes assets to the beneficiaries, files a final accounting, and petitions for discharge. The court’s order of discharge formally ends the administration.

The Creditor Period: Where Florida Estates Live or Die

If you take one thing from this article, take this: in Florida, creditors get a formal, structured opportunity to be paid, and how the personal representative handles them often determines whether an estate closes cleanly or drags on for years. This is the part of probate where careful lawyering earns its keep, and it’s the area our firm focuses on most closely.

Once appointed, the personal representative must publish a Notice to Creditors in a local newspaper once a week for two consecutive weeks (§ 733.701, § 733.2121). That published notice triggers a window during which creditors must file their claims with the court. Equally important, the personal representative must conduct a “diligent search” for known or reasonably ascertainable creditors and serve them with the notice directly. The U.S. Supreme Court’s decision in Tulsa Professional Collection Services v. Pope (1988) established that due process requires actual notice to reasonably ascertainable creditors, not just publication, and Florida courts take this seriously.

The Claim Deadlines That Control Everything

Florida sets two competing deadlines, and the earlier one wins:

• Three months from first publication of the Notice to Creditors for the general public; and
• 30 days from the date of service for a creditor who was served directly.

A creditor who misses these deadlines is, in most cases, forever barred from collecting against the estate (§ 733.702). And as noted earlier, § 733.710 imposes a hard two-year ceiling from the date of death that bars claims regardless of whether notice was ever published. These statutes are powerful tools, but they cut both ways. A personal representative who fails to give proper notice to a creditor they should have found can be held personally liable, and a sloppy diligent search is one of the most common ways an estate gets reopened.

Objecting to Claims and the Independent Action

When a creditor files a Statement of Claim, the personal representative doesn’t simply pay it. Each claim should be reviewed for validity, amount, and priority. If the claim is questionable, the PR files an objection within the statutory window. The burden then shifts to the creditor, who must file an independent lawsuit within 30 days of the objection or lose the claim. Knowing when to object, and when to negotiate, is exactly the kind of judgment call that protects the heirs’ inheritance. I’ve seen estates preserve tens of thousands of dollars simply because someone scrutinized a claim instead of paying it reflexively.

Florida also protects certain people ahead of creditors. The surviving spouse and minor children may be entitled to a family allowance of up to $18,000 (§ 732.403), exempt property, and homestead protections that place the family residence largely beyond the reach of most creditors. Coordinating these protections against the creditor pool is delicate work, and it’s where many do-it-yourself probates go wrong.

How Long It Takes and What It Costs

A straightforward formal administration in Palm Beach County usually runs six months to a year. The three-month creditor period sets a practical floor; nothing can close before it ends. Estates with real estate to sell, contested claims, will disputes, or tax filings can stretch well beyond that.

Costs typically include court filing fees, the cost of publication, appraisal fees where needed, and attorney’s fees. Florida law (§ 733.6171) sets out a presumptively reasonable fee schedule for attorneys based on a percentage of the estate’s value, though fees can be set by agreement and adjusted for the actual complexity of the work. A clean estate costs far less than a litigated one, which is another reason that early, accurate planning around assets and creditors pays off.

Common Complications to Watch For

Even routine-looking estates run into snags. The recurring ones I see are worth flagging:

• Will contests. A challenge based on lack of capacity, undue influence, or improper execution can pause distribution entirely. These disputes mirror what families face in other states; Morgan Legal’s discussion of illustrates the same pressure points Florida courts examine.
• Out-of-state or “ancillary” property. When a Florida resident owns real estate in another state, or a nonresident dies owning Florida property, a separate ancillary administration is often required.
• Missing or unfunded trusts. A trust that was signed but never funded doesn’t avoid probate, a painful and avoidable surprise.
• Aggressive or hidden creditors. Medical liens, credit card debt sold to collection agencies, and Medicaid estate recovery claims all demand careful handling within the statutory framework.

Many of these hurdles aren’t unique to Florida. The that Morgan Legal’s New York attorneys describe, delays, disputes, and creditor pressure, are the same obstacles Palm Beach families navigate, just under Florida’s particular rules.

Should You Try to Avoid Probate Altogether?

Often, yes, and the time to do it is before death, through proper estate planning. A funded revocable trust, careful beneficiary designations, and correct titling can keep most of an estate out of court entirely. If you’re thinking about your own plan, our overview of wills and estate planning is a good starting point, and our Florida probate resources walk through the process in more detail.

That said, avoiding probate is not always the right goal. Probate’s creditor cutoff is a feature, not just a burden: it gives heirs certainty that old debts can’t resurface. For estates with significant or uncertain liabilities, running a proper formal administration can actually protect the family better than a trust would. The right answer depends on the specific assets and the specific creditors, which is why these decisions deserve real legal analysis rather than a one-size-fits-all rule.

If you’ve lost a loved one in Palm Beach County and aren’t sure whether probate is required, or you’re facing a creditor claim against an estate you’re administering, our firm can help you sort it out. You can also review how our colleagues handle these matters through Morgan Legal’s , or reach out to us directly through our contact page for a straightforward assessment of your situation.

Frequently Asked Questions

Is probate always required in Florida?

No. Probate is only required for assets titled in the decedent’s sole name with no beneficiary designation or surviving co-owner. Assets in a funded trust, accounts with POD/TOD designations, jointly held property, and life insurance or retirement accounts with named beneficiaries pass outside probate. If only non-probate assets exist, no court process may be needed.

How long does Florida probate take?

A typical formal administration in Palm Beach County takes about six months to a year. The mandatory three-month creditor claim period after the Notice to Creditors is published sets a practical floor, so no estate can close faster than that. Will contests, real estate sales, contested claims, or tax filings can extend the timeline considerably.

What is the deadline for creditors to file claims against a Florida estate?

Creditors generally must file claims within three months of the first publication of the Notice to Creditors, or within 30 days of being served directly, whichever is later for that creditor. Under Florida Statute 733.710, most claims are barred entirely two years after the date of death regardless of whether notice was given.

What is the difference between summary and formal administration?

Summary administration is a streamlined process available when the probate estate is worth $75,000 or less, or when the person has been deceased for more than two years. Formal administration is the full process, requiring appointment of a personal representative, a creditor period, and court-supervised distribution. It is required for most estates with significant sole-name assets.

Do I need a lawyer for probate in Florida?

In most cases, yes. Under Florida Probate Rule 5.030, a personal representative in a formal administration must be represented by an attorney unless the representative is the only interested person in the estate. Florida is stricter on this point than many other states.