The Probate Process in Florida: A Step-by-Step Guide for Families

Losing a loved one is difficult enough without the added stress of navigating legal processes. In Florida, when someone passes away with assets in their name alone, those assets usually need to go through probate. If you’ve never been through it before, probate might sound intimidating—but it doesn’t have to be. This guide walks you through the basic steps of Florida’s probate process and helps set realistic expectations during a challenging time.

What Is Probate?

Probate is the legal process that takes place after someone dies. It involves identifying and gathering the person’s assets, paying off any debts or taxes owed, and distributing what’s left to the rightful heirs or beneficiaries.

Florida has a few types of probate, but the most common is formal administration. There’s also summary administration, a simplified process for smaller estates, and Disposition Without Administration, which applies in very limited situations.

Step 1: Filing the Petition

The process usually begins when a family member or interested party files a petition for administration with the probate court in the county where the deceased person lived. This step officially opens the probate case. At this point, a personal representative (often called an executor in other states) is either named in the will or appointed by the court.

Step 2: Validating the Will

If the deceased left a will, the court will review it to ensure it’s legally valid. In Florida, a will must be signed by the person who made it (the testator) and witnessed by two people. If everything checks out, the court will accept the will and give the personal representative the green light to move forward.

If there is no will, the estate is considered “intestate,” and Florida’s inheritance laws will determine who gets what.

Step 3: Notifying Heirs and Creditors

Next, the personal representative must notify all heirs and beneficiaries that the probate has been filed. They must also publish a Notice to Creditors in a local newspaper to give potential creditors a chance to come forward with claims.

Creditors typically have 90 days to file a claim against the estate.

Step 4: Identifying and Managing Assets

This step can take some time, especially if the estate includes various types of property. The personal representative must locate, secure, and possibly appraise all assets, including bank accounts, real estate, vehicles, and personal property. They’re also responsible for managing these assets during the probate process.

If any assets need to be sold—such as a home—the representative handles that, too, often with court approval.

Step 5: Paying Debts and Taxes

Before anything is distributed to heirs, the estate must pay off valid debts and any taxes owed. This includes funeral expenses, final medical bills, outstanding loans, and court-approved legal fees. If the estate doesn’t have enough to cover everything, some beneficiaries may not receive anything.

Step 6: Distributing the Assets

Once all debts and taxes are handled, the remaining assets can be distributed to the beneficiaries as outlined in the will (or by Florida law if there is no will). The personal representative prepares an accounting of what’s been done and files it with the court for final approval.

Step 7: Closing the Estate

After the court approves the final accounting and all distributions are made, the personal representative can file a petition to close the estate. Once granted, the probate process officially ends.

How Legal Guidance Can Help

While Florida’s probate system is structured, it can still feel overwhelming—especially while you’re grieving. A probate attorney can help clarify responsibilities, meet deadlines, avoid costly mistakes, and even prevent family disputes.

Probate isn’t just about paperwork—it’s about peace of mind during one of life’s hardest transitions. Knowing what to expect can make a big difference.

This post was written by a professional at Bonardi & Uzdavinis, LLP. Bonardi & Uzdavinis, LLP is a boutique, full service law firm providing its clients with a wide range of representation. Our primary areas of practice include real estate, probate attorney st petersburg fl, personal injury, construction, and commercial litigation. If you are looking for a real estate attorney or personal injury attorney in Tampa Bay contact us today for a case evaluation today!