The Role of the Probate Court in Florida: What It Does and Why It Matters

The probate court in Florida is the branch of the circuit court that supervises the legal transfer of a deceased person’s assets, validates wills, appoints and oversees personal representatives, and ensures that valid creditor claims are paid before anything passes to heirs and beneficiaries. In short, it is the court that decides who has authority to act for an estate, confirms that a will is genuine, and makes certain that debts and taxes are settled before the family receives what remains. Every county, including Palm Beach, handles probate through a dedicated division of the circuit court governed by the Florida Probate Code (Chapters 731 through 735, Florida Statutes) and the Florida Probate Rules.

People often imagine probate as a single dramatic event. In reality it is a sequence of supervised steps, and the court sits at the center of all of them. Understanding what the judge and clerk actually do, and where creditors fit into the picture, removes a great deal of the anxiety that families bring to our office after a loved one dies.

What Is the Probate Court in Florida?

Florida does not have a separate “probate court” the way some states have a dedicated surrogate’s court. Instead, probate matters are heard in the circuit court of the county where the decedent lived, through a division the clerk and chief judge designate for these cases. In Palm Beach County, that means the Probate, Guardianship and Mental Health Division of the Fifteenth Judicial Circuit.

The court’s job is jurisdictional and supervisory. It does not run errands for the family or liquidate the estate itself. Rather, it grants legal authority, resolves disputes, and signs off on critical milestones. The person who actually administers the estate, gathering assets, paying bills, and distributing property, is the personal representative (Florida’s term for an executor or administrator). The court appoints that person and holds them accountable.

Which estates have to go through probate?

Not every asset passes through the court. Probate generally governs property titled in the decedent’s name alone with no beneficiary designation. Several common arrangements bypass the process entirely:

• Assets held in a properly funded revocable living trust;
• Accounts with valid payable-on-death or transfer-on-death designations;
• Life insurance and retirement accounts with named beneficiaries;
• Real estate and bank accounts owned as joint tenants with right of survivorship; and
• Florida homestead property passing to a surviving spouse or heirs under the constitutional homestead protections.

What is left over, the solely owned bank account, the brokerage account with no beneficiary, the rental condo titled only in the decedent’s name, is precisely what the probate court exists to handle. If you are weighing whether your own estate will need this process, our overview of how Florida probate works walks through the thresholds in more detail.

The Core Functions of the Florida Probate Court

Strip away the procedural detail and the court performs four essential functions. Each one protects a different group of people who have a stake in the outcome.

1. Validating the will and determining who inherits

When someone dies leaving a will, that document has no legal force until the court accepts it. The petition for administration asks the judge to admit the will to probate. The court examines whether the will was executed with the formalities Florida requires under section 732.502, Florida Statutes, two witnesses and a proper signing, and whether the document is the decedent’s last valid will. If the will is “self-proved” with a notarized affidavit under section 732.503, the court can usually admit it without tracking down the witnesses years later.

If there is no will, the person died intestate, and the court applies Florida’s intestacy statutes (sections 732.101 through 732.111) to decide who inherits. Spouses and descendants take priority in an order the statute fixes; the judge has no discretion to rewrite that scheme based on what seems fair.

2. Appointing and supervising the personal representative

No one can lawfully act for an estate until the court issues Letters of Administration. These letters are the personal representative’s credential, the document a bank or title company will demand before releasing funds or recording a deed. The court decides who qualifies under sections 733.301 through 733.305, confirms the person is not disqualified (felons and most nonresidents who are not close relatives cannot serve), and may require a bond to protect the estate.

From that point forward the representative answers to the court. They must file an inventory, keep records, account for every dollar, and ultimately seek discharge. If they mismanage assets or favor themselves, interested parties can ask the court to remove them and surcharge them for losses.

3. Overseeing creditor notice and the payment of claims

This is the function families underestimate most, and it is where many Palm Beach estates get complicated. Florida law does not let heirs simply take the money and leave creditors empty-handed. The court enforces a structured claims process designed to give legitimate creditors a fair chance to be paid while still bringing the estate to a close.

The personal representative must publish a Notice to Creditors and serve known or reasonably ascertainable creditors directly, as required by section 733.2121. Creditors then have a limited window, generally three months from first publication, or thirty days from being served, to file a claim in the court file. The court polices the deadlines, rules on objections, and decides disputed claims. Section 733.707 sets the order in which claims get paid, from administration costs and funeral expenses down to general creditors, and the representative who pays out of order can be personally liable.

Because our practice concentrates on estates with heavy debt, tax liens, medical bills, contested credit-card balances, and Medicaid recovery, we spend much of our time in this part of the process. A single missed creditor notice can reopen an estate that the family thought was finished. The court is the referee, but the strategy of how and when to give notice, and whether to object to a claim, is where good counsel earns its keep.

4. Resolving disputes and protecting vulnerable parties

Probate is also the forum for conflict. When a child believes a sibling exerted undue influence over an elderly parent, when a creditor’s claim is challenged, or when beneficiaries accuse the representative of self-dealing, the court hears and decides those disputes. Will contests, claims of lack of capacity, and accounting objections all land on the probate judge’s docket. Florida’s framework here parallels what we see in other states; the litigation playbook our affiliated attorneys use in translates closely to Florida’s contested-estate practice.

Formal vs. Summary Administration: How the Court’s Role Changes

Florida offers more than one path through probate, and the court’s level of involvement depends on which one applies.

1. Formal administration is the full process. The court appoints a personal representative, supervises the creditor period, and oversees administration to its conclusion. Most estates of any size, and nearly all estates with active creditor exposure, proceed this way.
2. Summary administration (sections 735.201 through 735.2063) is available when the probate estate is worth $75,000 or less, or when the decedent has been dead for more than two years. There is no personal representative; the court enters an order distributing assets directly. The two-year mark matters because, under section 733.710, claims are generally barred two years after death regardless of notice, which is why long-dormant estates can sometimes skip the full creditor gauntlet.
3. Disposition without administration is a narrow option for very small estates where final expenses consumed exempt assets, reimbursing whoever paid them without opening a formal case.

Choosing the wrong track wastes months. Choosing the right one, particularly deciding whether the two-year claims bar lets an estate avoid formal administration, can save a family substantial time and cost. The court will not pick the path for you; the petition you file frames the question, and a misstep invites an objection.

Who Appears Before the Probate Court?

Several parties have standing in a probate proceeding, and the court balances their competing interests:

• The personal representative, who owes fiduciary duties to the estate;
• Beneficiaries and heirs, who are entitled to notice and an honest accounting;
• Creditors, whose timely, valid claims the court protects;
• The decedent’s surviving spouse, who may assert an elective share, family allowance, and homestead rights; and
• Attorneys for any of the above, since Florida generally requires the personal representative to be represented by counsel in formal administration.

That last point surprises many people. Unlike some routine court matters you can handle yourself, formal probate in Florida ordinarily requires an attorney for the personal representative, because the representative acts on behalf of others and the rules treat self-representation as the unauthorized practice of law on the estate’s behalf.

How Long Does the Florida Probate Court Take?

A clean formal administration with cooperative parties typically runs six months to a year. The creditor period alone consumes the first three months, and the court will not authorize final distribution until that window closes and claims are resolved. Estates burdened with contested claims, tax issues, real estate to sell, or litigation can stretch well beyond a year.

The court does not move the case along on its own; it responds to filings. An estate stalls when the personal representative falls behind on the inventory, the accounting, or the petition for discharge. This is one more reason creditor-heavy estates benefit from experienced counsel: keeping the docket moving while protecting the estate from premature or improper payments is a balancing act the court expects the representative to manage.

Probate Court and Palm Beach Estates

For residents of Palm Beach, West Palm Beach, Boca Raton, Delray Beach, and the surrounding communities, probate is filed in the Fifteenth Judicial Circuit. The clerk of court maintains the file, accepts filings, and issues Letters of Administration once the judge signs the order. Florida’s significant population of retirees and second-home owners means many estates involve out-of-state heirs and assets in more than one state, which can trigger an ancillary administration when a Florida resident owns property elsewhere, or when a nonresident dies owning Florida real estate.

Our firm focuses on the creditor-and-claims side of these estates because Florida’s debtor-protective reputation, generous homestead, exempt annuities, and tenancy-by-the-entireties property, sits in constant tension with the rights of legitimate creditors. Sorting out which assets are reachable, which claims are valid, and how to close the estate cleanly is the heart of what we do. If you would like to compare approaches across our offices, our colleagues describe their in detail, and the broader firm’s illustrates how the same principles play out in a court-supervised administration up north.

When to Bring in a Probate Attorney

You should speak with counsel before filing anything if the estate carries meaningful debt, if there is any disagreement about the will, if a creditor has already contacted the family, or if homestead and elective-share questions are in play. The probate court will hold the personal representative to a high standard, and mistakes made early, paying the wrong creditor first, missing a notice obligation, distributing before the claims period closes, are expensive to undo.

If you have lost a loved one in Palm Beach County and are unsure whether probate is required or how to handle creditor claims, our team can review the estate and map the right path. You can reach us through our contact page to schedule a consultation. For guidance on planning ahead so your own family avoids these pitfalls, see our resources on wills and estate documents.

Frequently Asked Questions

What does the probate court actually do in Florida?

The Florida probate court, a division of the circuit court in the county where the decedent lived, validates wills, appoints and supervises the personal representative, oversees the notice-to-creditors process and payment of valid claims, and resolves disputes among heirs, beneficiaries, and creditors before the estate is distributed and closed.

Do all estates have to go through probate court in Florida?

No. Assets in a funded living trust, jointly owned property with right of survivorship, accounts with payable-on-death or named beneficiaries, and homestead passing to a spouse or heirs typically avoid probate. Only assets titled solely in the decedent’s name with no beneficiary designation must pass through the court.

How long do creditors have to file a claim in a Florida probate estate?

After the personal representative publishes the Notice to Creditors, most creditors have three months from first publication to file a claim, and known creditors served directly have thirty days from service. Under section 733.710, Florida Statutes, claims are generally barred entirely two years after the date of death.

What is the difference between formal and summary administration?

Formal administration is the full court-supervised process with a personal representative and a creditor period, used for most estates. Summary administration is a faster, lighter option available when the probate estate is worth $75,000 or less, or when the person has been dead more than two years, and the court distributes assets by order without appointing a representative.

Do I need a lawyer to handle probate in Palm Beach County?

In most cases, yes. Florida ordinarily requires the personal representative in a formal administration to be represented by an attorney, because the representative acts on behalf of beneficiaries and creditors. Given the deadlines, creditor-payment priorities, and personal liability involved, experienced counsel is strongly advised even where it is not strictly required.