The probate court in Florida is the branch of the circuit court that oversees the transfer of a deceased person’s assets, validates the will (if one exists), appoints and supervises the personal representative, and ensures that creditors and beneficiaries are treated according to law. It is the legal forum where ownership of a decedent’s property is formally moved from the person who died to the people or entities entitled to receive it. In Florida, probate is governed primarily by Chapters 731 through 735 of the Florida Statutes and by the Florida Probate Rules.
If you have ever been named as a personal representative, inherited a house from a parent, or simply tried to sell a property still titled in a deceased relative’s name, you have run into the probate court whether you wanted to or not. Understanding what this court actually does, and what it does not do, saves families months of delay and a fair amount of money.
What Is the Probate Court in Florida?
Florida does not have a stand-alone “probate court” in the way some states label it. Instead, probate matters are handled by the circuit court in the county where the decedent lived at the time of death. Each circuit assigns these cases to a probate division, and a circuit judge sits as the probate judge. So when people talk about “going to probate court,” they mean filing in the circuit court of the proper county and proceeding under the probate rules.
Venue matters here. A Miami-Dade resident’s estate is opened in Miami-Dade County; a Palm Beach County resident’s estate is opened in Palm Beach County. For a nonresident who died owning Florida real estate, the case is filed in any Florida county where that property sits. This last point comes up constantly in South Florida, where out-of-state owners hold condos, beach houses, and rental properties.
The Core Functions of the Florida Probate Court
Strip away the procedure and the court is really doing a handful of fundamental jobs. Each one exists to protect somebody: the decedent’s intent, the creditors, the beneficiaries, or the integrity of the title that eventually passes.
1. Determining Whether a Will Is Valid
The first thing the court decides is whether the document offered as the will is genuinely the decedent’s last valid will. Under Florida Statutes section 732.502, a Florida will generally must be in writing, signed by the testator at the end, and witnessed by two people who sign in the presence of the testator and of each other. The court confirms these formalities were met. If the will is self-proved under section 732.503, with the proper notarized affidavit, the witnesses usually do not have to be tracked down years later, which is precisely why that affidavit is worth doing.
When no valid will exists, the estate is “intestate,” and Florida’s intestacy statutes (sections 732.101 through 732.111) dictate who inherits. The court does not invent a fair result; it applies the statutory hierarchy of spouse, descendants, parents, and so on.
2. Appointing and Supervising the Personal Representative
Florida uses the term “personal representative” rather than “executor” or “administrator.” The court issues “Letters of Administration,” the document that gives that person legal authority to act for the estate, gather assets, and sign on its behalf. Banks, title companies, and brokerages will not release anything without those Letters.
The court also enforces the eligibility rules. Under sections 733.302 and 733.304, a personal representative must be at least 18, mentally and physically capable, and either a Florida resident or, if a nonresident, closely related to the decedent (a spouse, child, parent, sibling, or certain other relatives). A nonresident friend, no matter how trustworthy, cannot serve. This rule surprises a lot of families.
3. Overseeing Creditors and Estate Debts
One of the court’s quieter but essential roles is making sure legitimate debts get paid before assets are distributed. The personal representative must publish a notice to creditors and serve known creditors directly. Under section 733.702, creditors generally have three months from the first publication to file a claim, though the outer limit is two years from the date of death under section 733.710. The court resolves objections to claims and sets the order in which debts are paid under section 733.707, including the statutory priority of administrative costs, funeral expenses, and taxes.
4. Authorizing the Sale and Transfer of Real Property
For real-property-heavy estates, which describes a great many South Florida probates, this is where the court earns its keep. Title to Florida real estate does not move cleanly out of a dead owner’s name without a court process. The probate court confirms who has authority to sell, and in many cases the personal representative’s power to sell is granted by the will or by court order under section 733.613. When real property is sold during administration, the court’s involvement is what gives a title insurer the comfort to insure the buyer.
- Clearing title: An order of the probate court is frequently the document that lets a title company remove the deceased owner from the chain of title.
- Homestead determinations: Florida homestead property passes outside the normal probate estate and is shielded by Article X, section 4 of the Florida Constitution, but the court often must enter an order determining homestead status before the property can be conveyed.
- Authorizing sales to pay debts: If the estate lacks cash, the court can authorize the sale of real estate to satisfy creditors.
5. Resolving Disputes and Will Contests
When heirs disagree, the probate court is the referee. It hears will contests based on undue influence, lack of capacity, fraud, or improper execution. It decides claims that a personal representative breached a fiduciary duty. It construes ambiguous language in a will. These contested matters can become full litigation with discovery, depositions, and trial. Families dealing with a fight over a parent’s estate often benefit from understanding how courts elsewhere handle the same issues; this overview of shows how closely the underlying principles track across states.
The Two Main Types of Florida Probate Administration
The court does not treat every estate the same way. The size and nature of the estate determine which track applies.
- Formal administration — The full process, used for most estates that exceed $75,000 in non-exempt assets or that involve disputes, creditors, or real property that must be sold. A personal representative is appointed, Letters are issued, and the estate is administered under court supervision until a final accounting and discharge.
- Summary administration — A streamlined process under sections 735.201 through 735.206, available when the value of the probate estate (less exempt property) is $75,000 or less, or when the decedent has been dead for more than two years. No personal representative is appointed; the court enters an order distributing the assets directly.
There is also “disposition of personal property without administration” under section 735.301, a limited tool for very small estates with no real property and only minimal personal property. The way Florida sorts estates into these tracks mirrors how other states structure their options; for comparison, see how New York approaches the , which helps clarify why the dollar thresholds and procedures matter so much.
What the Probate Court Does Not Do
It is just as useful to know the court’s limits. The probate court does not administer assets that pass outside probate. Property held in a living trust, accounts with valid beneficiary designations, payable-on-death and transfer-on-death accounts, and real estate owned as joint tenants with right of survivorship or as tenants by the entireties all move without court involvement. A well-drafted estate plan is, in large part, an effort to keep assets out of the court’s hands entirely. If you want to understand how the planning side connects to all of this, our overview of wills and estate documents walks through the choices that determine whether your family ever sees the inside of a courtroom.
The court also does not chase down assets for the family, give estate-planning advice, or referee personal grievances that have no legal basis. Its authority is defined by statute, and a judge will not exceed it.
How a Typical Florida Probate Moves Through the Court
From filing to discharge, a formal administration generally follows a recognizable arc. Timing varies widely, but the sequence rarely does.
- Petition for administration is filed in the proper county, along with the original will if there is one.
- Letters of Administration are issued, empowering the personal representative.
- Notice to creditors is published and served; the creditor claim window opens.
- Inventory of assets is filed, including real property and its date-of-death value.
- Claims and debts are resolved, objections litigated if necessary.
- Distribution to beneficiaries, often the point at which real estate is conveyed or sold.
- Final accounting and discharge, closing the estate and releasing the personal representative.
A clean, uncontested estate can close in six to twelve months. Add a will contest, a difficult creditor, or a piece of real estate that needs a homestead order and a sale, and the timeline stretches. Estates that own Florida real property almost always require formal administration and a lawyer, since Florida Probate Rule 5.030 requires a personal representative in a formal administration to be represented by an attorney in most cases.
Why This Matters for Real-Property Estates in South Florida
South Florida estates are unusually real-estate-heavy. Condos in Miami and Fort Lauderdale, retirement homes in Boca Raton, and rental properties up and down the coast mean that the probate court’s power to clear and transfer title is often the single most important thing a family needs from it. A house cannot be listed, refinanced, or insured for a new buyer until the court has confirmed who may sign the deed. Handling that step correctly the first time, with the right homestead determination and the right authority to convey, is the difference between a smooth closing and a sale that collapses at the title-search stage.
If your estate spans both New York and Florida, which is common for snowbird families, coordinating the two probates matters. Morgan Legal Group handles probate in both jurisdictions through its , and families navigating a Florida estate can also reach our team through the contact page or review the broader Florida probate process before deciding how to proceed.
Final Word
The Florida probate court is not an obstacle so much as a referee with a rulebook. Its job is to make sure the right people inherit, the right debts get paid, and the title that lands in a buyer’s or heir’s hands is one a court has blessed. For families holding real property in South Florida, the court’s role in transferring that property cleanly is the whole game. Knowing how the process works before you walk into it is the surest way to keep an estate from stalling.
Frequently Asked Questions
Does every estate in Florida have to go through probate court?
No. Assets that pass outside probate, such as property in a living trust, accounts with valid beneficiary or payable-on-death designations, and real estate held as joint tenants with right of survivorship or as tenants by the entireties, transfer without court involvement. Probate is required for assets titled in the decedent’s sole name with no beneficiary designation. Small estates may also qualify for summary administration or, in limited cases, disposition without administration.
Which Florida court handles probate?
Probate is handled by the circuit court in the county where the decedent lived at death, sitting through its probate division. There is no separate stand-alone probate court in Florida. For a nonresident who owned Florida real estate, the case is filed in a Florida county where that property is located.
How long does Florida probate take?
A simple, uncontested formal administration typically takes about six to twelve months. The creditor claim period alone runs three months from first publication. Will contests, complicated creditor claims, or real property that must be sold or have homestead status determined can extend the process well beyond a year.
Do I need a lawyer for Florida probate?
In most formal administrations, yes. Florida Probate Rule 5.030 generally requires the personal representative to be represented by an attorney. The main exceptions are when the personal representative is the sole interested person, or in certain summary administration and small-estate matters. Estates that include real property almost always require formal administration and counsel.
What is the difference between formal and summary administration in Florida?
Formal administration is the full, court-supervised process used for most estates over $75,000 in non-exempt assets or those involving disputes or real-property sales; a personal representative is appointed and Letters of Administration are issued. Summary administration is a streamlined process available when non-exempt assets total $75,000 or less, or when the decedent has been deceased more than two years, and it distributes assets by court order without appointing a personal representative.
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