Florida Probate Process – A Step-by-Step Guide

When a loved one passes away, you may be left responsible for handling the distribution of their assets and debts. It’s important to understand the Florida probate process so you can ensure their assets are distributed correctly. The good news is you don’t have to handle Florida probate on your own. A local probate attorney can guide you through each step of the process and answer any questions you have along the way.

The Probate Process in Florida

Understanding the Florida probate process is key to seamless estate administration. Before you file, it’s important to identify all probate assets. This can include:

• Bank accounts
• Home and other real property
• Investment accounts
• Valuables
• Vehicles

If you’re the custodian of a decedent’s will, you must file it with the appropriate county probate court within 10 days of their death. You also must file a notice for creditors so they know the estate is open. Creditors have two years from the date of the decedent’s death to file a claim to collect a debt on their estate. You must publish a notice in a registered newspaper once a week for two consecutive weeks after opening an estate in probate.

At this point, you can inventory the rest of the decedent’s estate, pay any debts, file and pay taxes, and distribute the remaining assets. Once the entire inheritance has been distributed, the personal representative of the estate files a petition with the court to officially release them from the position. After that petition is accepted, the probate case is over, and the estate is closed.

A Look at Probate Case Filings in Florida

The death rate in Florida in 2023 was 671.5 per 100,000 people, with the state reporting 229,045 deaths. When looking at the last five years, the death count in 2023 shows a significant downward trend from when the death count hit its peak in 2021. That year, there were 261,246.

Death counts ultimately are on the rise when looking at the last two decades. In 2004, 168,364 deaths were reported across the state. That’s a significant jump from then until now. Death is an inevitable aspect of everyone’s life, which is why it’s important to be as prepared for it as possible.

In fiscal year 2021-22, there were a total of 77,344 probate cases filed in Florida. They made up 51.8 percent of all social cases filed in Florida, including cases that involved:

• Baker Act
• Guardianship
• Substance abuse
• Trusts
• Other social cases

Between all these probate and social cases, there were a total of 161,142 filings that year. Of those cases, 146,564 resulted in dispositions, giving the state a 91.6 percent clearance rate on probate cases. In fiscal year 2023-24, probate cases made up 21.3 percent of all cases filed in Florida circuit courts.

By working with a skilled estate planning lawyer, you can prepare your financial accounts and other assets ahead of time to facilitate the transfer of assets to your beneficiaries or heirs after you pass away.

In some cases, you can avoid the probate process altogether and distribute assets directly to the entitled parties. In others, you may be able to settle your estate through summary administration. This is a simplified version of probate offered to people with simple estates that do not exceed $75,000 in value or belong to someone who died two or more years ago.

FAQs

Q: How Long Does It Take to Go Through the Probate Process in Florida?

A: The amount of time it takes to go through the probate process in Florida can vary depending on the complexity of your estate and the probate court’s current caseload. You can expect summary administration to be shorter than the formal probate process on average. These estates are smaller and typically have no additional complications like legal disputes. Those types of aggravating factors can prolong a probate case in Florida.

Q: Can an Estate Be Settled Without Probate in Florida?

A: An estate can be settled without probate in Florida in certain cases. While most of a decedent’s assets must go through the Florida probate process, there are estate planning tools and strategies you can employ to transfer assets without probate. A Florida estate planning lawyer can help you explore different avenues to protect your assets and secure your financial future for generations to come.

Q: What Is the 10-Day Rule for Probate in Florida?

A: In Florida, the 10-day rule states that the custodian of a decedent’s will must file an original copy with the clerk of the appropriate probate court in their county within 10 days of the decedent’s death. If the decedent didn’t have a will, you can still initiate the process by contacting the probate court and filling out the necessary paperwork.

Florida’s intestate succession laws determine how a decedent’s property is to be distributed if they died without a will.

Q: Do I Have to Work With a Florida Probate Attorney?

A: You are not legally obligated to work with a Florida probate attorney when it comes to estate administration in Florida. While you’re allowed to represent yourself, it’s often not recommended. Florida probate laws can be confusing, and the probate process is time-consuming. By working with a skilled lawyer, you can rest assured you’re doing everything correctly. Plus, they can often employ tactics to expedite the process.

Breeze Through the Florida Probate Process With the Help of a Florida Probate Attorney

When it comes time to deal with an estate, it can be beneficial to work with a Florida probate attorney. Estates can be difficult to navigate, especially when you’re shouldering the emotional toll of losing a loved one. Instead of dealing with all the complexities of estate administration on your own, let a skilled estate planning lawyer help you out.

Our team at the Law Office of Douglas A. Oberdorfer, P.A., is here to help. We have experience handling complex estate cases throughout the state, and we’re ready to help you through yours. Contact our office to sit down with one of our team members and talk about your case today.

Florida Probate Resources

• How Much Does A Probate Lawyer Cost in Florida?
• What Assets Are Exempt from Probate in Florida?
• How Long Do You Have To File Probate After Death In Florida?
• Probate Process In Florida Without A Will
• How Long Does Probate Take Without Will In Florida?