Florida Probate Process Explained: A Guide for Families Handling an Estate

By: Hillary A. Kessler, Esq.

Losing a loved one is hard enough without also trying to figure out what "probate" even means. This guide walks through the basics of how the process generally works in Florida, so you have a foundation before your first conversation with an attorney.

The Short Version

At a high level, probate is the court supervised process of identifying a deceased person's assets, addressing valid debts, and transferring what remains to the people entitled to receive it. Not every asset goes through this process, and the path a specific estate takes depends heavily on whether there was a valid will, how large the estate is, and whether family members agree on how things should proceed.

Does Everything Go Through Probate?

No. Assets that are jointly owned, carry a named beneficiary, or sit inside a properly funded trust typically transfer automatically, without court involvement. Probate generally becomes necessary for property and accounts titled solely in the deceased person's name.

Will or No Will, the Path Differs

A valid will generally controls who inherits and who is appointed to administer the estate. Without one, Florida's intestacy laws step in to decide those questions instead, based on the surviving family relationships involved. Either path can lead to a straightforward result or a contested one, depending on the family and the assets.

Two Ways an Estate Can Be Administered

Florida generally recognizes two main routes: formal administration, the standard, fully supervised process, and summary administration, a shorter path available in more limited circumstances. Which one applies to your situation is a question worth asking early.

Complications Worth Knowing About Up Front

Certain issues come up often enough that it is worth flagging them before they catch you off guard: a family home that qualifies as homestead property, real estate owned by someone who lived outside Florida, disputes between siblings or a blended family, and estates involving assets or heirs located outside the United States. Each of these can meaningfully change how an estate is handled.

Start With a Conversation, Not a Guess

This overview is meant to help you ask better questions, not answer them for you. Every estate carries its own facts, and those facts are what actually determine the right path forward.

Contact BGV LAW PLLC to talk through the specifics of your family's estate.

DISCLAIMER: While this post is intended to provide valuable and useful information, it should in no way be construed or interpreted as legal advice. Should you have any specific questions or otherwise be interested in obtaining assistance with your pending legal matters, please contact the law offices of BGV, as our attorneys and staff are ready and able to assist.