Losing a loved one can be an emotional and stressful time. But if you're the executor of the estate, it can also be a time-consuming and overwhelming experience. One of the most critical tasks you'll face is navigating the probate process. Probate is the legal process of settling an estate and ensuring that the decedent’s assets are distributed correctly. The Florida probate process may seem daunting, but with the right assistance and guidance, you can effectively manage everything. In this blog post, we'll provide you with all the information you need to understand the Florida probate process.

Who Should Go through Probate in Florida?



In Florida, all estates must go through probate unless the decedent's property is valued at less than $75,000 or subject to transfer-on-death or payable-on-death designations. Generally, probate in Florida takes between six months and two years to complete but depends on the complexity of the estate and how long it takes to resolve any disputes that arise.

Types of Probate in Florida

The state of Florida recognizes several types of probate, depending on the circumstances. Formal administration is the standard procedure, but simplified procedures may apply if the estate meets certain criteria. 

Informal Probate or Disposition without Administration

For small estates, with assets subject to disposition without administration (under $75,000), the probate administration can be informal and straightforward. This allows the beneficiaries to finalize the decedent's affairs, including the transfer of the estate's assets and the payment of bills, without the court's intervention or formal probate process.

Formal Administration

For more significant estates, with assets above $75,000, proceedings must follow the court's formal procedures. It includes appointing a personal representative, sending out legal notices, managing the estate, and distributing the assets to beneficiaries. Formal Administration usually takes several months to a year to complete.

Summary Administration

In Florida, Summary Administration may apply if the deceased has been dead for more than two years, or the estate's assets are valued below $75,000. It is a non-adversarial process that is faster, less expensive, and less complicated than formal administration and does not require a personal representative to be appointed.

Homestead Probate

For Floridians who have a homestead, certain procedures must be followed to pass the title onto beneficiaries. The surviving spouse may have specific rights under Florida law, even when omitted from the will.

Probate can be overwhelming, but it is an essential process. At Larry K. White, LLC Attorneys at Law, we have extensive experience helping clients navigate the Florida probate process. We can help you understand the process and ensure everything is correctly filed and documented. Our mission is to assist clients in settling their loved ones' affairs and distributing assets promptly, efficiently, and with the least possible emotional stress. Contact us today to speak with a probate attorney.