Florida Probate Statutes – All Codes and Rules

Few situations are more emotionally charged than matters related to the death of a loved one. From attending to funeral arrangements to managing stressful family dynamics, it’s easy to overlook the importance of learning about Florida probate statutes and court procedures.

Probate processes in Florida vary for each estate, but understanding the relevant state laws helps beneficiaries and families make smart decisions and prevent high costs from simple probate matters.

Understanding Florida Probate Statutes

Florida probate laws can be found in Chapters 731 through 735 of the Florida Statutes. These statutes govern how estates are administered, wills validated, personal representatives appointed and paid, creditors notified, and assets distributed after death.

In most cases, Probate is necessary when a person dies owning assets in their sole name that do not automatically transfer to a beneficiary or are not held in trust. Regardless of whether an estate is simple or highly contested, every probate case in Florida must follow the statute’s mandates as well as the Florida Probate Rules.

1. Chapter 731

Chapter 731, entitled General Provisions, lays out definitions and rules that apply to all Florida probate matters. This chapter also provides rules regarding jurisdiction and venue, which is generally in the decedent’s county of residence at the time of death. In Jacksonville, personal representatives file and administer probate cases in Duval County.

In recent years, Florida has seen over 140,000 probate court filings per year, with approximately 146,763 filings and 146,177 dispositions statewide in 2023-2024.

2. Chapter 732

Chapter 732 Intestate Succession and Wills contains Florida’s intestacy laws, which dictate how a decedent’s property is distributed if he or she dies without a valid will. Chapter 732 also provides the legal requirements necessary to make a valid will in Florida under §732.502, revocation of wills, and how and when a will may be revoked under §732.506, and provides a thorough definition of what property a surviving spouse and heirs are entitled to receive.

Florida’s intestacy laws can lead to some surprising results. Parents who die intestate, leaving behind children from a second marriage, could expose their children to claims from the decedent’s relatives. Spouses who were separated but not legally divorced could unintentionally disinherit a spouse with whom they no longer lived or saw.

3. Chapter 733

Chapter 733, Probate Administration, is where most Florida probate cases will spend much of their time. Chapter 733 contains the laws regarding how an estate is administered, including the Appointment and duties of the personal representative.

Chapter 733 also contains guidelines for the proper distribution of assets and closing out an estate. Failure to follow these statutes and court rules could subject a personal representative to personal liability.

4. Chapter 734

Chapter 734 governs cases where the decedent owned property in Florida but was a resident of another state at the time of death. Chapter 734 covers foreign personal representatives and, in most instances, will require a separate ancillary probate proceeding to be opened in Jacksonville to deal with any Florida assets that the deceased person owned.

5. Chapter 735

Chapter 735 titled Dispensing with Administration provides alternative methods of administering a deceased’s estate outside of formal processes with the Court. This chapter allows for summary administration of an estate if the value of the property in Probate is $75,000 or less, not including exempt property.

Additionally, if the decedent has been dead for more than two years, you can still file for summary administration. Chapter 735 also allows, in limited circumstances, for disposition without administration. Disposition without administration can occur when estate assets are used to pay final expenses like funeral expenses and medical bills.

Hire a Probate Lawyer

Since 2003, the Law Office of Douglas A. Oberdorfer, P.A., has offered sound legal advice to individuals and families in Jacksonville who need assistance with probate and estate matters. Located downtown near the Duval County Courthouse at 501 West Adams Street, we are here to help you with common-sense advice derived from years of experience in the legal field.

Douglas A. Oberdorfer is a former Florida assistant state attorney who has been practicing law for more than two decades. At the Law Office of Douglas A. Oberdorfer, P.A., we approach Probate and estate administration with a keen eye for detail and strategies honed in the courtroom. We listen with compassion and care, help you make wise decisions, and work toward reasonable solutions during a very difficult time in your life.

FAQs About Florida Probate Statutes

What Are the Rules for Probate in Florida?

Florida probate laws are found in Florida Statutes Chapter 731 through Chapter 735 and the Florida Probate Rules. These statutes cover how wills are proved, how personal representatives are appointed, notice to creditors, deadlines for creditors to make claims, distribution of assets, and court supervision. Unless the estate qualifies as informal administration, anyone handling a formal probate administration in Florida will need to be an attorney licensed to practice Florida probate law.

What Is the Statute of Limitations for Probate in Florida?

A Will must be admitted to Probate in Florida within 2 years of the death of the decedent, unless otherwise provided by law. There are much shorter deadlines for creditors to file their claims, which are usually within three months after receiving proper notice. Any party that misses certain deadlines outlined in Florida’s statutes can be barred forever from asserting its claims or rights in the probate estate.

What Is the 10 Day Rule for Probate in Florida?

According to Florida Statute 732, Florida’s 10-day rule requires that anyone in possession of a deceased person’s will must file the original Will with the clerk of the circuit court within 10 days of knowing that the testator passed away, regardless of whether or not a probate administration is going to be opened.

What Is Excluded From Probate in Florida?

Assets that are not subject to Probate in Florida include assets owned in a valid trust, with another person with rights of survivorship, payable on death or transfer on death accounts, life insurance proceeds with a named beneficiary, or certain retirement benefits with a named beneficiary. For more specifics on what is excluded in Probate, speak with your attorney during the estate planning process.

Contact Our Probate Attorneys

If you are going through Probate, hire a probate lawyer at the Law Office of Douglas A. Oberdorfer, P.A. A Florida probate attorney can help you in the legal process. Contact us today for a free consultation.

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