The probate court in Florida is the division of the state circuit court that oversees the legal process of validating a deceased person’s will, appointing a personal representative, settling debts and taxes, and distributing the remaining assets to heirs or beneficiaries. It also supervises guardianships, trusts in dispute, and the affairs of incapacitated adults. In short, it is the court that decides who has authority to act for someone who can no longer act for themselves, whether because of death or incapacity.
I have spent years walking South Florida families through this system, and the single biggest misconception I hear is that “the court runs everything.” It does not. The probate court is more like a referee than a manager. It sets the rules, resolves fights, and signs off on the big decisions, but the day-to-day work falls to the people it appoints. Understanding that distinction is the key to navigating probate without losing your mind or your inheritance.
What the Florida Probate Court Actually Is
Florida does not have a standalone “probate court” the way some states do. Instead, probate matters are handled within the circuit court of each county, in a dedicated probate division. So if your loved one died in Miami-Dade, Broward, or Palm Beach County, the case lands in that county’s circuit court probate division, presided over by a circuit judge who hears these matters regularly.
The court’s authority comes from the Florida Probate Code, found in Chapters 731 through 735 of the Florida Statutes, and the procedural mechanics live in the Florida Probate Rules. Guardianship, which often feeds directly into probate, is governed by Chapter 744. These chapters define everything from who can serve as a personal representative to how long creditors have to file claims.
One practical note that surprises out-of-state families: probate is a county-level proceeding tied to where the decedent was domiciled, not necessarily where they died or where the property sits. A snowbird who kept a homestead in Boca Raton but passed away while visiting relatives up north is still a Florida probate case.
The Core Duties of the Probate Court
Strip away the legalese and the court performs a handful of essential functions. Each one exists to protect a different group of people, the heirs, the creditors, and sometimes the decedent’s own intentions.
- Validating the will. The court determines whether the document offered is the decedent’s last valid will, properly executed under Florida Statute 732.502. A will signed without two witnesses, for example, generally fails.
- Appointing the personal representative. Whether named in the will or selected by statute when there is no will, the court issues “Letters of Administration” that give that person legal authority to act.
- Supervising the estate. The personal representative must inventory assets, notify creditors, file accountings, and ultimately distribute property, all under the court’s watch.
- Resolving disputes. Will contests, claims of undue influence, creditor objections, and fights between beneficiaries all get decided here.
- Authorizing distribution and closing. Nothing reaches the heirs until the court is satisfied that debts, taxes, and expenses are handled.
Appointing and Overseeing the Personal Representative
This is where the referee analogy holds up best. The court does not gather the assets or pay the bills; the personal representative (called an “executor” in many other states) does that. But the court issues the Letters of Administration that make those actions legally valid, and it can remove a representative who breaches their fiduciary duty under Florida Statute 733.504, for mismanagement, conflict of interest, or simple incapacity to serve.
Florida is strict about who may serve. A non-relative who lives out of state generally cannot be a personal representative under section 733.304, a rule that catches many families off guard. We sort that out early, before the court has to reject a candidate weeks into the process.
Protecting Creditors and Heirs
The court enforces the creditor claim process under Florida Statute 733.702. After a notice to creditors is published, most claims must be filed within three months, or the statute bars them. This is one of the quiet but powerful functions of probate: it gives heirs finality. Once the claims window closes and the court approves, creditors generally cannot resurface years later demanding payment.
Formal vs. Summary Administration: How the Court’s Role Changes
The probate court’s involvement is not one-size-fits-all. Florida offers two main paths, and the court’s footprint differs dramatically between them.
- Formal administration is the full process, used for larger or contested estates. The court appoints a personal representative, supervises the entire administration, and remains involved until the estate is closed. Most disputes happen here.
- Summary administration is the streamlined option, available under Chapter 735 when the estate’s non-exempt assets are worth $75,000 or less, or when the decedent has been dead for more than two years. There is no personal representative; the court simply enters an order distributing the assets.
A third option, disposition without administration, exists for very small estates where assets were exhausted by final expenses. The court’s role there is minimal, often just reviewing a short petition.
When Guardianship Becomes Probate: The Contested Transition
This is the situation I see most often in South Florida, and it is where the court’s role becomes both critical and contentious. Many families enter the probate court system before a death, through a guardianship under Chapter 744, when an aging parent loses capacity. A guardian is appointed to manage that person’s finances and care.
When the ward later dies, the case does not simply end. The same probate court that supervised the guardianship now oversees the transition into estate administration. The guardian must file a final accounting under Florida Statute 744.527, and the court scrutinizes how the ward’s money was handled during the guardianship years.
That handoff is where fights erupt. A child who served as guardian may have made gifts, sold the homestead, or changed beneficiary designations. Other heirs, seeing the estate for the first time, often question those decisions. The court becomes the arena for allegations of breach of fiduciary duty, exploitation of a vulnerable adult, or improper depletion of the estate. These are some of the , and they are amplified when a contested guardianship preceded the death.
Handling these transitions well requires reading the guardianship file as carefully as the will. The accountings filed during incapacity often hold the answer to whether the eventual estate distribution is fair, or whether litigation is coming.
What the Probate Court Does Not Do
Knowing the limits of the court’s role saves families enormous frustration. The probate court does not:
- Manage assets that pass outside probate, such as jointly titled property, payable-on-death accounts, or life insurance with a named beneficiary.
- Administer most living trusts, which generally avoid court supervision entirely, that is the entire point of a properly funded revocable trust.
- Give the personal representative or heirs legal advice, the judge is neutral.
- Move quickly on its own. Florida probate typically takes six months to a year for an uncontested formal estate, and far longer if litigated.
This is precisely why thoughtful estate planning matters. A well-drafted, fully funded plan keeps most assets out of the court’s hands. If you want to understand how a will fits into the bigger picture, our overview of Florida wills is a good starting point.
How an Attorney Works With the Probate Court
In Florida, a personal representative is required by Probate Rule 5.030 to be represented by an attorney in a formal administration, unless they are the sole interested person. That is not a make-work rule. The filings, deadlines, and statutory notices are unforgiving, and a single missed creditor notice or defective accounting can expose the representative to personal liability.
A good probate attorney functions as the bridge between the family and the court: drafting the petitions, meeting the statutory deadlines, defending against challenges, and translating the judge’s expectations into plain action items. When a guardianship is involved, that role expands to reconstructing years of financial history and anticipating the disputes before they reach the courtroom.
Our firm handles these matters across South Florida, and you can learn more about our or reach out directly through our contact page. For families with assets or relatives in New York, our colleagues handle as well, which matters more than people expect when a decedent owned property in both states and a separate ancillary proceeding is required.
The Bottom Line
The Florida probate court is the legal authority that validates wills, empowers personal representatives, protects creditors and heirs, and resolves the disputes that inevitably arise when money and grief collide. It supervises rather than micromanages, which means the outcome depends heavily on the people who actually do the work, and on the lawyer who guides them. When a contested guardianship precedes a death, the court’s role grows sharper still, because the past management of an incapacitated person’s affairs sets the stage for the estate that follows. Understanding that arc, from incapacity to administration, is the difference between a smooth closing and years of litigation.
Frequently Asked Questions
How long does the Florida probate court process take?
An uncontested formal administration usually takes six months to a year, largely because of the mandatory three-month creditor claim period. Summary administration can finish in a few weeks. Contested estates, especially those following a disputed guardianship, can take several years.
Does every estate have to go through probate court in Florida?
No. Assets that pass by beneficiary designation, joint ownership with right of survivorship, or a properly funded revocable trust avoid probate. Only assets titled solely in the decedent’s name without a beneficiary typically require court administration.
Who does the probate court appoint to handle the estate?
The court appoints a personal representative, the person named in the will if qualified, or a family member by statutory priority if there is no will. Florida law restricts who may serve, generally excluding most non-relatives who reside out of state.
What happens in probate court when a guardianship ends in death?
The guardianship does not simply close. The guardian must file a final accounting, and the same court transitions the matter into estate administration. The court reviews how the ward’s assets were managed, which is often where heirs raise disputes.
Frequently Asked Questions
How long does the Florida probate court process take?
An uncontested formal administration usually takes six months to a year, largely because of the mandatory three-month creditor claim period. Summary administration can finish in a few weeks. Contested estates, especially those following a disputed guardianship, can take several years.
Does every estate have to go through probate court in Florida?
No. Assets that pass by beneficiary designation, joint ownership with right of survivorship, or a properly funded revocable trust avoid probate. Only assets titled solely in the decedent’s name without a beneficiary typically require court administration.
Who does the probate court appoint to handle the estate?
The court appoints a personal representative, the person named in the will if qualified, or a family member by statutory priority if there is no will. Florida law restricts who may serve, generally excluding most non-relatives who reside out of state.
What happens in probate court when a guardianship ends in death?
The guardianship does not simply close. The guardian must file a final accounting, and the same court transitions the matter into estate administration. The court reviews how the ward’s assets were managed, which is often where heirs raise disputes.
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For more on our Florida practice, see our overview of probate and estate administration in Florida. Morgan Legal Group's affiliated New York office also handles .
