Florida Probate Administration

When a parent passes away in Florida, the adult children are usually the ones who must settle the estate, often from out of state and while grieving. Florida probate has its own vocabulary and timelines under Chapters 731 through 735 of the Probate Code, and understanding the process early makes a hard time far less overwhelming. We guide families through each step so the right assets reach the right people with as little friction as possible.

Two Main Paths: Formal and Summary Administration

Florida offers two primary probate procedures. Formal administration is the standard process, used for most estates, in which the court appoints a personal representative who gathers assets, pays valid debts, and distributes the remainder. Summary administration is a faster, lighter process available when the value of the probate estate subject to administration is $75,000 or less, or when the person has been deceased for more than two years. We help you determine which path fits your parent’s estate.

The Personal Representative’s Role

In formal administration, the personal representative (called an executor in New York) is appointed by the court and owes fiduciary duties to the beneficiaries and creditors. Florida law restricts who may serve; a non-relative who lives outside Florida generally cannot serve, though a child or close family member usually can even if they live on Long Island. We help the chosen child qualify, obtain letters of administration, and carry out their duties correctly.

Florida Homestead and Probate

Your parent’s Florida home is often the most emotionally and legally significant asset. Florida’s constitutional homestead protections can pass the home to heirs free of most creditor claims and can restrict how it is devised when there is a surviving spouse or minor child. Homestead frequently passes outside the normal probate estate, which is why it requires careful, separate handling. Misunderstanding homestead is one of the most common and costly mistakes families make.

Creditors, Debts, and the Spousal Elective Share

The personal representative must notify creditors and handle valid claims within statutory deadlines. If your parent was married, Florida’s elective share under section 732.2065 entitles the surviving spouse to a percentage of the elective estate regardless of what the will says. These rules can significantly change who receives what, and they are easy to overlook when adult children assume the will controls everything.

Avoiding Common Family Conflicts

Probate is when sibling tensions surface: who serves, who gets the house, why distributions take so long. Clear communication and proper accounting reduce conflict. When a parent planned ahead with a funded trust or a Lady Bird deed on the home, much of this can be avoided entirely, which is worth remembering for your own planning and for any surviving parent.

Consult a Florida Attorney

This page is general information about Florida probate, not legal advice for your family’s estate. Probate deadlines, homestead, and the elective share are technical and unforgiving, and Florida generally requires an attorney for formal administration. Engage a licensed Florida attorney to administer your parent’s estate properly. Contact us and we will walk you through the next steps.