To open a probate estate in Florida, you file a petition for administration with the circuit court in the county where the decedent lived, ask the court to appoint a personal representative, and obtain Letters of Administration that give that person legal authority over the estate. The case proceeds under the Florida Probate Code (Chapters 731 through 735, Florida Statutes) and the Florida Probate Rules. For most estates, you cannot lawfully sell the house, retitle accounts, or pay creditors until the court issues those Letters.
That is the short version. The longer version matters a great deal in South Florida, where so many estates are built almost entirely around real property: a Boca condo, a homestead in Coral Gables, a duplex in Fort Lauderdale held for rental income. The procedure is the same statewide, but how you handle it changes once a house is the main asset. I’ll walk through the whole process the way I’d explain it to a client sitting across the desk.
First, Decide Which Type of Probate You’re Opening
Florida doesn’t have one single probate. Before you draft anything, you have to know which door you’re walking through, because the petition, the cost, and the timeline all differ.
- Formal administration — the standard, full process. Required when the estate’s probate assets (other than exempt property) exceed $75,000, or when a personal representative needs broad authority to act. This is what most estates with a home will use.
- Summary administration — a streamlined option under Florida Statutes § 735.201 available when the value of the probate estate (less exempt property) is $75,000 or less, or the decedent has been dead more than two years. There’s no personal representative appointed; the court enters an order distributing assets directly.
- Disposition without administration — a narrow, mostly clerical path for very small estates where the only assets are exempt property or amounts that don’t exceed final expenses.
A common South Florida scenario: a parent dies owning a paid-off condo worth $400,000 and a small bank account. Even though the family wants this resolved quickly, that estate almost certainly needs formal administration — the real property pushes it well over the summary threshold, and you’ll want a personal representative with authority to sign a deed. Don’t assume “small family, simple wishes” means summary administration. The asset values decide it.
Where and When You File
Venue: the right county
You open the estate in the circuit court of the county where the decedent was domiciled at death — Miami-Dade, Broward, and Palm Beach being the busy ones down here. If the decedent lived out of state but owned Florida real property, you may open an ancillary administration in the county where that property sits. This comes up constantly with New York snowbirds who keep a Florida home. If a loved one died domiciled in New York but owned a Florida condo, you may be running two proceedings at once, and it helps to have counsel who understands both. New York’s process for differs in meaningful ways from Florida’s, and coordinating the two is its own skill.
Timing and deadlines
Florida law expects prompt action. If there’s a will, the person holding it (the custodian) must deposit the original with the clerk of court within 10 days of learning of the death, under § 732.901. There is no fixed deadline to open probate itself, but waiting creates problems: the homestead sits in limbo, creditors’ rights stay unresolved, and an unmaintained property can deteriorate or fall behind on taxes and HOA dues. The smart move is to file within a few weeks once the death certificate is in hand.
Required Lawyer Representation
Here’s a wrinkle that surprises people: in Florida formal administration, the personal representative almost always must be represented by an attorney under Florida Probate Rule 5.030. The only real exception is when the personal representative is the sole interested person. So even an otherwise straightforward estate generally cannot proceed pro se. Summary administration is more forgiving, but the formal track requires counsel — plan for it.
Step-by-Step: Opening a Formal Administration
- Gather the core documents. The original will (if any), a certified death certificate, and a list of the decedent’s assets and approximate values. For real property, pull the deed and the latest property appraiser record.
- File the Petition for Administration. This document tells the court who died, where, whether there’s a will, who the heirs and beneficiaries are, and who should serve as personal representative. It’s the act that formally opens the estate.
- Deposit the original will with the clerk if it hasn’t been deposited already.
- Establish priority for the personal representative. If there’s a will, it usually names one. If not, § 733.301 sets the order of preference — surviving spouse first, then those chosen by a majority of heirs, and so on. The proposed PR must be qualified: at least 18, mentally and physically able, and (if a non-relative) a Florida resident.
- The court issues Letters of Administration. This is the moment the estate truly “opens” in a practical sense. Letters are the proof a personal representative shows banks, title companies, and buyers to demonstrate authority to act.
- Take the oath and, if required, post bond. The court may waive bond if the will directs it or the interested parties agree.
- Notify and administer. Serve the Notice of Administration on interested persons, publish and serve the Notice to Creditors, file the inventory within 60 days of Letters being issued, and begin the work of paying valid claims and managing assets.
The Creditor Clock Starts Once You Open
Opening probate triggers Florida’s creditor process, and this is genuinely one of the best reasons to do it. The personal representative publishes a Notice to Creditors and serves known or reasonably ascertainable creditors directly. Under § 733.702, most creditors must file claims within the later of three months after the first publication or 30 days after being served. Section 733.710 imposes a hard two-year bar: claims not filed within two years of death are generally extinguished, period.
For estates centered on a house, this matters enormously. Buyers and title insurers want assurance that the creditor period has run and that no claim can resurface against the property after closing. Opening probate properly and running the notice process the right way is what makes that clean sale possible.
Real-Property Estates: What Changes
This is where South Florida estates differ from the textbook. When the house is the estate, the procedure layers in homestead questions and sale authority.
Homestead is its own animal
Florida’s constitutional homestead protection means the decedent’s primary residence often passes outside the probate estate to the surviving spouse or descendants, and it’s protected from most creditors. But “passes outside probate” doesn’t mean “needs no court attention.” In practice you usually file a separate Petition to Determine Homestead Status of Real Property so the court issues an order confirming the property’s homestead character and how it descends. Title companies want that order before they’ll insure. Skip it and you’ll hit a wall at closing.
Selling estate real property
Whether the personal representative can sell the home depends on the will and the type of administration. If the will grants a power of sale, the PR can typically sell without further court order. If not, the PR may need court authorization. Either way, the buyer’s title agent will scrutinize the Letters, the homestead determination, and the chain of authority. Getting these pieces in the right sequence — Letters first, homestead order where needed, then list and sell — saves weeks.
Out-of-state owners and ancillary cases
When the decedent lived elsewhere, the Florida real property is handled through ancillary administration even though the main estate is probated in the home state. This is the classic New York–Florida split. Disputes can complicate things further — if the will itself is challenged back home, the Florida sale may stall until the contest resolves. Understanding helps you anticipate whether your Florida timeline is at risk, and our Florida team coordinates directly with the home-state proceeding so the property doesn’t sit idle.
Common Mistakes That Delay Opening an Estate
- Trying to sell or transfer before Letters issue. No buyer’s title company will close without them. Wait for the court.
- Assuming summary administration applies. Real property usually blows past the $75,000 line and forces formal administration.
- Forgetting the homestead petition. The most frequent reason a “clean” sale grinds to a halt.
- Missing the 60-day inventory or the creditor notice steps. These obligations begin the moment Letters are granted.
- Choosing a disqualified personal representative — for example, a non-relative who lives out of state.
If you’re weighing whether the decedent’s documents even call for probate, start by reviewing the will and any trust. Our overview of wills and what they control is a good first read, and our Florida probate page lays out the local process in more detail. When you’re ready to file, reach out through our contact page and we’ll tell you which type of administration fits your situation.
How Long Does It Take and What Does It Cost?
A clean formal administration in South Florida commonly runs six to twelve months, driven largely by the three-month creditor period and the pace of the local clerk’s office. Summary administration can finish in a couple of months. Costs include the court filing fee, publication of the creditor notice, and attorney’s fees, which by statute may be set as a reasonable percentage of the estate or on another agreed basis. A real-property estate with a homestead petition and a sale will sit at the higher end of both time and cost — but doing it right is what produces marketable, insurable title at the end.
Probate is procedural, but it is not casual. A single missed step — the wrong county, an unqualified personal representative, a skipped homestead order — can cost months. If you’re staring at a Florida home and a folder of paperwork after losing someone, get the sequence right from the start. Our Florida team handles probate every day; you can learn more on Morgan Legal’s page.
Frequently Asked Questions
Do I need a lawyer to open a probate estate in Florida?
For formal administration, yes in nearly all cases. Florida Probate Rule 5.030 requires the personal representative to be represented by an attorney unless that person is the sole interested party. Summary administration is more flexible, but the full formal process effectively requires counsel.
How much does the estate have to be worth to require formal probate?
Formal administration is generally required when probate assets, excluding exempt property, exceed $75,000. At or below that figure you may qualify for summary administration under Florida Statutes section 735.201. Because a home usually exceeds the threshold, most real-property estates need formal administration.
What are Letters of Administration and why do they matter?
Letters of Administration are the court document that gives the personal representative legal authority to act for the estate, such as accessing accounts, paying creditors, and signing a deed. Banks, title companies, and buyers require them before they will deal with the personal representative, so the estate is not practically open until they issue.
How long do creditors have to file claims against a Florida estate?
Most creditors must file within the later of three months after the first publication of the Notice to Creditors or 30 days after being served, under section 733.702. Section 733.710 also bars most claims not filed within two years of death, regardless of notice.
What if the decedent lived out of state but owned a Florida home?
You typically open an ancillary administration in the Florida county where the property is located, while the main estate is probated in the decedent’s home state. This New York to Florida situation is common with snowbirds, and the two proceedings should be coordinated, especially if the will is contested in the home state.
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