Losing a loved one is one of the most difficult experiences a family goes through. In the days and weeks that follow, families often find themselves facing a legal process they have never navigated before, on a timeline they did not choose, while still grieving.
If your loved one owned assets in Florida at the time of their death, you may need to go through probate. Understanding what probate is, how it works, and what your family can expect can make the process significantly less overwhelming. This guide is written for families in Indian River County and across Florida who are facing this situation for the first time.
Quick Answer Probate is the court-supervised legal process of validating a will, paying outstanding debts, and distributing a deceased person’s assets to their beneficiaries. In Florida, probate is handled through the circuit court in the county where the deceased person lived and typically takes six months to over a year depending on the complexity of the estate. Florida law requires an attorney in most probate proceedings, making early legal guidance one of the most important steps a family can take.
What Is Probate?
Probate is the formal legal process through which a deceased person’s estate is settled under court supervision. It serves several purposes: confirming the validity of a will if one exists, identifying and inventorying the deceased person’s assets, notifying and paying creditors, and ultimately distributing whatever remains to the rightful beneficiaries.
In Florida, probate is handled by the circuit court in the county where the deceased person was domiciled at the time of their death. For families in Vero Beach and the surrounding communities, that is the 19th Judicial Circuit Court in Indian River County.
Probate is a public process. Once a will and petition are filed with the court, they become part of the public record, which means anyone can look up the details of what a person owned, who they owed money to, and who received their assets. This is one of the primary reasons many Florida residents choose estate planning strategies that allow assets to pass outside of probate.
Does Everything Go Through Probate?
No, and this is an important point that families often misunderstand. Not all assets are subject to probate. Assets that pass outside of probate include jointly owned property with right of survivorship, accounts with named beneficiaries such as life insurance policies and retirement accounts, payable-on-death and transfer-on-death accounts, and assets held in a revocable living trust.
Probate only applies to assets that were titled solely in the deceased person’s name without a beneficiary designation or survivorship provision. For some estates, this may be a significant portion of the assets. For others, thoughtful estate planning may mean there is little or nothing that requires probate at all.
Florida’s Two Main Types of Probate
Florida law provides two primary probate procedures, and which one applies depends on the size and circumstances of the estate.
Formal administration is the traditional, court-supervised probate process. It requires the court to appoint a Personal Representative – issued Letters of Administration—to handle estate business, provide formal notice to creditors, resolve claims, and distribute assets under ongoing judicial oversight. Formal administration is generally required when non-exempt probate assets exceed $150,000 and the death occurred within the past two years, or when the decedent’s will explicitly mandates formal administration. Because a Personal Representative holds fiduciary power and must be appointed, Florida law generally requires representation by a licensed attorney.
Summary administration is a simplified, expedited probate procedure. An estate qualifies if it meets either of two independent criteria: the total value of non-exempt probate assets subject to Florida administration—excluding exempt property such as protected homestead real estate and statutory personal property—does not exceed $150,000; or the decedent has been deceased for more than two years (regardless of total asset value). Unlike formal administration, summary administration does not appoint a Personal Representative. Instead, the court reviews the petition and enters an Order of Summary Administration, which directs financial institutions or asset holders to transfer specified assets directly to beneficiaries or valid creditors. Petitioners are not statutorily required to hire an attorney, though legal counsel is common practice.
For minimal estates, Florida offers a simplified non-probate option called Disposition of Personal Property Without Administration (Fla. Stat. § 735.301). This mechanism allows liquid assets to be released without standard probate proceedings to reimburse individuals who paid the decedent’s final expenses. To qualify, the estate must consist exclusively of personal property (it cannot contain any real estate), and the non-exempt personal property value cannot exceed the sum of preferred funeral expenses plus reasonable medical and hospital expenses incurred during the last 60 days of the final illness.
Who Can Serve as Personal Representative?
In a formal administration, the court appoints a personal representative, sometimes called an executor in other states, to manage the estate throughout the probate process. The personal representative is responsible for gathering and protecting the estate’s assets, notifying creditors, filing required documents with the court, and ultimately distributing assets to the beneficiaries.
Florida law has specific requirements about who may serve in this role. A personal representative must be at least 18 years old, mentally and physically capable of performing the duties, and either a Florida resident or a close family member of the deceased, including a spouse, child, parent, or sibling. A non-family member who lives outside of Florida is not eligible to serve as personal representative in a Florida probate proceeding.
If the deceased left a will, it typically names a personal representative. If that person is willing and eligible to serve, the court will generally confirm their appointment. If no will exists, or if the named personal representative cannot serve, the court will follow a statutory order of preference in appointing someone.
How Long Does Florida Probate Take?
This is one of the most common questions families ask, and the honest answer is that it depends. A relatively straightforward formal administration in Florida typically takes six to twelve months from the date the petition is filed. More complex estates, those involving disputes among beneficiaries, contested wills, complicated business interests, real estate in multiple states, or significant creditor claims, can take considerably longer.
Summary administration can often be completed in two to three months.
Several factors affect the timeline, including how quickly the personal representative gathers and inventories assets, whether any creditors file claims against the estate, whether the will is contested, and the court’s own schedule and caseload.
Do I Need a Probate Attorney in Florida?
In most Florida probate proceedings, yes. Florida law requires that an estate going through formal administration be represented by a licensed Florida attorney. The personal representative cannot navigate formal administration without legal counsel unless they are themselves a licensed Florida attorney.
Even in summary administration, where legal representation is not always required, having an attorney guide the process significantly reduces the risk of errors, delays, and personal liability for the personal representative.
Beyond the legal requirements, the probate process involves court filings, creditor negotiations, asset valuations, tax considerations, and legal deadlines that most families are not equipped to handle on their own during an already difficult time. An experienced probate attorney manages these details so the family can focus on what matters most.
What Happens If There Is No Will?
When a person dies without a will, they are said to have died intestate. Florida’s intestacy laws determine how the estate is distributed, and the results may not reflect what the deceased person would have wanted.
Under Florida’s intestacy statute, the estate typically passes first to a surviving spouse, then to descendants, then to other relatives in a specified order. If no relatives can be located, the estate may ultimately pass to the state of Florida.
Dying without a will also means the court must appoint a personal representative without any guidance from the deceased person, which can create conflict among family members and add time and cost to the probate process.
Frequently Asked Questions
Can I handle Florida probate on my own without an attorney? In formal administration, Florida law requires the personal representative to be represented by a licensed Florida attorney unless they are a Florida-licensed attorney themselves. In summary administration, an attorney is not always legally required but is strongly recommended to avoid errors that can delay the process or create personal liability.
What is the difference between a will and a trust in the context of probate? A will must go through probate to be given legal effect. A revocable living trust does not. Assets held in a trust pass directly to the trust’s beneficiaries according to the trust’s instructions, without court involvement. This is one of the primary advantages of trust-based estate planning for Florida residents.
Can probate be avoided in Florida? Yes. Probate can be avoided for specific assets through the use of beneficiary designations, joint ownership with right of survivorship, payable-on-death accounts, revocable living trusts, and Lady Bird deeds for real estate.
Guiding Families Through Florida Probate
The Law Offices of Jennifer D. Peshke, P.A. has helped families throughout Vero Beach, Indian River County, and the Treasure Coast navigate Florida probate with clarity and compassion. Whether you are facing a formal administration, a summary proceeding, or you simply have questions about what comes next, we are here to help. Call us at (772) 231-1233 or reach out online today.
Jennifer Peshke, Esq. is the founder of the Law Offices of Jennifer D. Peshke, P.A., a full-service law firm located in Vero Beach, Florida. Her practice includes probate administration, estate planning, elder law, real estate law, and more.
This blog post is intended for general informational purposes only and does not constitute legal advice. Reading this post does not create an attorney-client relationship. Please consult a licensed Florida attorney regarding your specific situation.