How to Open a Probate Estate in Florida: A Step-by-Step Guide

To open a probate estate in Florida, you file a petition for administration in the circuit court of the county where the decedent lived, along with the original will (if one exists) and a certified death certificate. The court then issues Letters of Administration, which legally empower a personal representative to gather assets, pay debts, and distribute what remains. In most counties, this filing must be done through a licensed Florida attorney.

That is the short answer. The longer answer is where most families get stuck, especially when a probate follows a guardianship that ended at death, or when relatives are already at odds over who should be in charge. I have walked many South Florida families through this exact moment. Below is how the process actually works, what trips people up, and where the law gives you choices.

What “opening a probate estate” actually means

Opening probate is the formal act of asking a court to recognize a death, validate any will, and appoint someone with legal authority over the decedent’s assets. Until that authority exists, no one can lawfully sell the house, close the bank accounts, or pay the final bills out of estate money. Banks and title companies want to see one document above all others: Letters of Administration. Without them, you are stuck.

Probate is governed by Chapters 731 through 735 of the Florida Statutes and by the Florida Probate Rules. It runs through the circuit court, not the county court, and it is handled by the probate division in larger counties like Miami-Dade, Broward, and Palm Beach.

First: figure out whether you even need probate

Not every asset goes through probate, and some estates skip the process entirely. Before you file anything, take inventory and ask how each asset is titled. Probate is generally only needed for assets the decedent owned in their sole name with no beneficiary or survivorship designation.

Assets that usually avoid probate:

• Bank or brokerage accounts with a valid pay-on-death (POD) or transfer-on-death (TOD) beneficiary
• Life insurance and retirement accounts (IRAs, 401(k)s) with a named living beneficiary
• Real estate held as joint tenants with right of survivorship or as tenancy by the entirety between spouses
• Property titled in a funded revocable living trust
• Homestead real property passing to heirs under Florida’s constitutional homestead protections (this is its own complicated area)

If everything the decedent owned falls into the list above, you may not need to open a probate at all. But sole-name accounts, an investment account with no beneficiary, or a house titled only in the decedent’s name will require court involvement.

Choose the right type of Florida probate administration

Florida is not one-size-fits-all. The path you choose shapes the cost, the timeline, and the paperwork. Choosing the wrong one wastes months.

Formal administration

This is the standard, full probate, set out in Chapter 733. It is required when the probate estate exceeds $75,000 in non-exempt assets, or when a personal representative needs full authority to act, for example, to sue, sell real estate, or manage an ongoing business. Formal administration involves appointing a personal representative, issuing Letters of Administration, notifying creditors, and supervising distribution. Most contested estates run as formal administrations because the court’s oversight is exactly what you want when people disagree.

Summary administration

Summary administration, under Florida Statute 735.201, is a faster, lighter process available when either the value of the non-exempt probate estate is $75,000 or less, or the decedent has been dead for more than two years. There is no personal representative appointed; instead, the court enters an order distributing the assets directly. It is cheaper and quicker, but it does not give anyone ongoing authority, which can be a problem if assets keep turning up.

Disposition without administration

For very small estates, where the only assets are exempt personal property and modest amounts used to cover final medical and funeral expenses, Florida allows an informal “disposition of personal property without administration.” This is not a full probate and is handled with a simple application to the clerk.

Florida’s structure mirrors what other states offer, though the thresholds and labels differ. Clients who also have assets up north sometimes ask how this compares to New York, where there are depending on whether there is a will and the size of the estate.

Where to file: the right county and court

Venue matters. You file in the circuit court of the county where the decedent was domiciled (their permanent legal home) at death. For most of our South Florida clients, that means Miami-Dade, Broward, Palm Beach, Monroe, or Martin County. If the decedent lived out of state but owned Florida real estate, you may open an ancillary administration here to deal specifically with the Florida property.

Domicile can become a real fight, especially with snowbirds who split time between Florida and the Northeast. Where someone was truly domiciled affects which state’s probate court controls and which state’s tax rules apply.

Who can serve as personal representative

Florida is stricter than many states about who may serve. Under Florida Statutes 733.302 and 733.304, an individual personal representative must be at least 18, mentally and physically capable, and either a Florida resident or a close relative of the decedent (spouse, child, parent, sibling, and certain other relatives) regardless of where they live. A non-relative who lives out of state cannot serve. A person convicted of a felony is disqualified.

If there is a will, the court generally honors the nominated personal representative. If there is no will, Florida Statute 733.301 sets a priority order, with the surviving spouse first, then the person selected by a majority of the heirs, then the heir nearest in degree.

The documents you’ll need to open the estate

Gather these before filing; missing pieces are the most common reason a case stalls at the clerk’s window:

1. The original will and any codicils. Florida requires the original signed will, deposited with the clerk within 10 days of learning of the death (Fla. Stat. 732.901). A photocopy creates serious complications.
2. A certified copy of the death certificate. For court filing, get the version without the cause of death listed.
3. A petition for administration identifying the decedent, the heirs and beneficiaries, and the proposed personal representative.
4. An oath of personal representative and a designation of resident agent.
5. A list of the decedent’s assets and approximate values to determine which type of administration applies.
6. Names and addresses of all beneficiaries and heirs who must receive formal notice.

Step by step: opening a formal administration

Here is the typical sequence once you’ve decided formal administration is required:

1. Deposit the original will with the clerk of the circuit court in the correct county.
2. File the petition for administration along with the oath, designation of resident agent, and supporting documents.
3. The court issues Letters of Administration appointing the personal representative. This is the document that unlocks everything else.
4. Serve a Notice of Administration on interested parties, who then have a limited window (generally three months) to object to the will or the appointment.
5. Publish a Notice to Creditors and serve known creditors directly. Creditors generally have three months from first publication, or 30 days from being served, to file claims (Fla. Stat. 733.702).
6. Inventory the assets and file the inventory with the court, usually within 60 days of appointment.
7. Pay valid debts, taxes, and expenses in the statutory order of priority.
8. Distribute the remaining assets to beneficiaries and file a final accounting and petition for discharge to close the estate.

Even an uncontested formal administration in South Florida usually takes six months to a year, largely because of the mandatory creditor claim period. Estates with real estate, tax issues, or disputes run longer.

When probate follows a contested guardianship

This is the situation I see most often and the one families are least prepared for. When someone has been under a guardianship and then dies, the guardianship does not simply morph into a probate. They are two separate proceedings under two separate chapters, Chapter 744 for guardianship and Chapters 731 to 735 for probate.

The guardian’s authority ends at death. The guardian must file a final report and account for everything done during the guardianship, and the court must approve it before those funds and assets transfer into the estate. Meanwhile, a personal representative has to be appointed through a brand-new probate case. The handoff between the two is where money goes missing, where old grievances resurface, and where a contested guardianship turns into a contested estate.

If the guardianship was already adversarial, expect the same parties to challenge the will, the choice of personal representative, or the guardian’s final accounting. Get the guardianship file, the final report, and the supporting financial records lined up before opening probate. A clean transition protects the estate and the person stepping in as personal representative.

Common mistakes that delay opening an estate

• Sitting on the original will. The 10-day deposit deadline is real; holding the will to “sort things out first” only invites suspicion and motions.
• Filing in the wrong county based on where the person died rather than where they were domiciled.
• Choosing summary administration to save money when assets keep surfacing, leaving no one with authority to deal with them.
• Nominating a disqualified personal representative, such as an out-of-state friend who is not a relative.
• Ignoring homestead. The family home has special constitutional protections that can override the will entirely; treating it like an ordinary asset causes real problems.

Do you need a lawyer to open probate in Florida?

In nearly all formal administrations, yes. The Florida Probate Rules require a personal representative to be represented by an attorney unless the personal representative is the sole interested person. The same usually applies to summary administration with multiple beneficiaries. Beyond the rule, an experienced probate lawyer keeps the creditor process, the inventory deadlines, and the homestead analysis from derailing the case.

Our firm handles Florida estates from start to finish; you can read more about our or, if your matter touches New York, our team also manages the . For a deeper look at local procedure, see our overview of Florida probate administration, and when you’re ready to talk specifics, reach out for a consultation.

Opening a probate estate is mostly about getting the first moves right: confirm what is actually probatable, pick the correct administration, file in the proper county, and choose a qualified personal representative. Do that, and the rest of the estate moves far more smoothly, even when the family does not.

Frequently Asked Questions

How long do you have to open a probate estate in Florida?

There is no single deadline to open probate, but the original will must be deposited with the clerk within 10 days of learning of the death. Practically, you should open the estate promptly because creditors have claim periods and assets cannot be lawfully managed until a personal representative is appointed. Note that if a decedent has been dead for more than two years, the estate may qualify for the faster summary administration.

How much does it cost to open a probate estate in Florida?

Costs vary with the estate’s size and complexity. You’ll pay a court filing fee (typically a few hundred dollars), publication costs for the notice to creditors, and attorney’s fees. Florida Statute 733.6171 sets a presumptively reasonable attorney fee schedule tied to estate value, though many lawyers charge flat or hourly fees for smaller or simpler estates. Summary administration costs considerably less than formal administration.

What is the difference between formal and summary administration in Florida?

Formal administration is the full process and is required when the non-exempt estate exceeds $75,000; it appoints a personal representative who receives Letters of Administration and full authority to act. Summary administration is a faster, cheaper process available when the non-exempt estate is $75,000 or less or the decedent died more than two years ago; no personal representative is appointed and the court distributes assets directly.

Can an out-of-state resident be a personal representative in Florida?

Only if they are a close relative of the decedent, such as a spouse, child, parent, sibling, or certain other relatives defined by Florida Statute 733.304. A non-relative who lives outside Florida cannot serve as personal representative. The person must also be at least 18, mentally and physically able, and not a convicted felon.

What happens to a Florida probate when the decedent was under a guardianship?

The guardianship and the probate are separate proceedings. The guardian’s authority ends at death, and the guardian must file a final report and accounting for court approval before assets transfer to the estate. A new probate case must be opened and a personal representative appointed. If the guardianship was contested, those disputes often carry into the estate, so it’s wise to organize the guardianship records before filing probate.