How does probate work in Florida?

1. Governing Code. Florida Probate Code, Fla. Stat. Chapters 731-735, plus the Florida Probate Rules. Florida has not adopted the UPC.

2. Court. Circuit Court, Probate Division, in the county where the decedent was domiciled at death (Fla. Stat. § 733.101).

3. Petition to Open. Petition for Administration filed by the named personal representative or any interested person under Fla. Stat. § 733.202. Florida requires the personal representative to be represented by a Florida attorney except in limited circumstances (Fla. Prob. R. 5.030).

4. Letters of Administration. Issued by the court under Fla. Stat. § 733.301 after appointment, giving the personal representative authority to act.

5. Notice to Creditors. Published once a week for 2 consecutive weeks per Fla. Stat. § 733.2121. Known or reasonably ascertainable creditors must receive direct service. Creditor claim deadline is the later of 3 months from first publication or 30 days from service (Fla. Stat. § 733.702).

6. Inventory. Filed within 60 days of issuance of Letters under Fla. Prob. R. 5.340.

7. Formal vs Summary Administration. Formal Administration is the standard process under Fla. Stat. Ch. 733. Summary Administration under Ch. 735 is faster and requires no personal representative.

8. Summary Administration. Available under Fla. Stat. § 735.201 when non-exempt assets do not exceed $75,000 or the decedent has been dead for more than 2 years. Disposition Without Administration under § 735.301 covers very small estates limited to exempt property and final medical/funeral expenses.

9. Closing. Final Accounting and Petition for Discharge under Fla. Prob. R. 5.400, distribution, and order of discharge.

10. Probate Avoidance. Florida Enhanced Life Estate ("Lady Bird") deed, revocable living trust, joint tenancy with right of survivorship, tenancy by the entireties for married couples, POD/TOD accounts, and beneficiary designations.

This is legal information, not legal advice.