When you lose someone you love in Palm Beach, the last thing you want is a confusing legal maze. Florida probate has a clear path, and understanding the steps ahead can replace anxiety with a sense of control. Here is what the journey looks like, walked one step at a time.
Step 1: Locate the Will and File With the Court
Under Florida law (§732.901), anyone holding the original will must deposit it with the clerk of the circuit court within 10 days of learning of the death. Palm Beach County probate matters are handled by the Fifteenth Judicial Circuit. The case begins when a petition for administration is filed, asking the court to recognize the will (if there is one) and appoint a personal representative—Florida’s term for an executor.
Step 2: Appoint the Personal Representative
The court issues “Letters of Administration,” the document that gives the personal representative legal authority to act. Florida requires most estates to be represented by a licensed attorney, so this is the point where having guidance matters most. The representative takes an oath and, in many cases, posts a bond unless the will waives it.
Step 3: Identify and Protect Assets
Next comes gathering the estate’s property—bank accounts, that condo on the Intracoastal, vehicles, and investments. The representative files an inventory with the court. Importantly, Florida’s homestead protections (Article X, §4 of the state constitution) often shield a primary residence from creditors and pass it outside the usual probate distribution, which can be a real relief for surviving spouses and children.
Step 4: Notify Creditors and Beneficiaries
The representative serves a Notice to Creditors and publishes notice in a Palm Beach County newspaper. Known creditors generally have 30 days from being served, and others have up to three months from first publication, to file claims (§733.702). This is also when beneficiaries formally receive notice of the proceeding.
Step 5: Pay Valid Debts, Taxes, and Expenses
Legitimate claims, final expenses, and administrative costs are paid from estate funds. Here is good news for Palm Beach families: Florida has no state estate tax and no inheritance tax. Only very large estates face any federal estate tax, so most families owe nothing at the state level.
Step 6: Distribute and Close the Estate
Once debts are settled, the representative distributes what remains according to the will—or, if there was no will, according to Florida’s intestacy statutes (Chapter 732). A final accounting and a petition for discharge wrap things up, and the court formally closes the estate.
How Long and How Hard?
For uncomplicated estates, formal administration in Palm Beach often runs several months to a year. Smaller estates may qualify for summary administration (Chapter 735), a faster, lighter process. The size and clarity of the estate—and whether anyone contests—shape the timeline.
A Gentle Word Before You Begin
Every family’s situation is different, and Florida probate has nuances—homestead, elective share rights for a surviving spouse (§732.2065), and creditor deadlines—that reward careful handling. Before filing anything with the Fifteenth Circuit, speak with a Florida probate attorney who can review your specific circumstances and help you move forward with confidence and care.
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For more on our Florida practice, see our overview of Florida probate administration. Morgan Legal Group's affiliated New York office also handles .
