What Is Probate in Florida?

A Plain-Language Guide for Families in Bradenton and Along Florida’s Gulf Coast

Losing a loved one is difficult enough without having to navigate unfamiliar legal processes. One of the first questions families ask after a death is: “Do we need to go through probate?”

Probate is the court-supervised process Florida uses to settle a person’s final financial affairs — appointing someone to gather assets, pay valid debts, and distribute what remains to the rightful beneficiaries.

If you live in Bradenton, Sarasota, or anywhere along Florida’s Gulf Coast, understanding how probate works can help you avoid confusion, delays, and unnecessary expense during an already stressful time.

What Is Probate in Florida?

Probate is a formal legal process that takes place after someone passes away. A Florida circuit court oversees the process and, in most cases, appoints a Personal Representative (sometimes called an executor) to manage the estate.

During probate, the court:         

•         Appoints a Personal Representative to act on behalf of the estate

•         Confirms the validity of the Will, if one exists

•         Authorizes the Personal Representative to identify, gather, and manage assets

•         Ensures valid debts, taxes, and creditor claims are properly addressed

•         Oversees the final distribution of assets to beneficiaries

In Florida, probate procedures are governed primarily by the Florida Probate Code (Chapters 731–735, Florida Statutes) and are administered through the circuit courts.

When Is Probate Required in Florida? (And When It Isn’t)

Probate is generally required when a person dies owning assets in their individual name without a beneficiary designation or automatic transfer mechanism.

Common examples include:

•         Bank or investment accounts without a named beneficiary

•         Real estate titled solely in the deceased person’s name

•         Business interests or personal property of significant value

•         Unclaimed property or refunds discovered after death

It is also worth noting that even when someone has a living trust, probate may still be necessary if assets were never transferred into the trust during their lifetime — a situation sometimes called a “funding gap.” Fortunately, Florida law offers several ways to simplify or avoid probate entirely, depending on the size and nature of the estate.

Once probate is required, the next question families usually ask is what the process actually involves and how long it may take.

What Happens During the Probate Process?

Although every estate is different, most Florida probate cases follow a similar sequence:

•         Filing the petition to open the estate 

•         Appointment of the Personal Representative

•         Issuance of Letters of Administration

•         Identification and valuation of estate assets

•         Notice to creditors and resolution of claims

•         Payment of valid debts and taxes

•         Distribution of remaining assets to beneficiaries

•         Filing documents to close the estate

An experienced probate attorney helps ensure each step is completed correctly and on time.

Types of Probate in Florida

Florida offers two primary types of probate administration, each suited to different circumstances.

Formal Administration

Formal Administration is the most common type of probate in Florida. The court appoints a Personal Representative and issues Letters of Administration — the legal document that gives the Personal Representative authority to:

•         Contact and correspond with financial institutions

•         Access, collect, and manage estate assets

•         Respond to and resolve creditor claims

•         Ultimately distribute property to beneficiaries

Most financial institutions — including major banks and brokerage firms such as Schwab and Fidelity — require Letters of Administration before they will provide account information or release funds. Formal Administration is often the only practical route when significant financial accounts are involved.

Summary Administration

Summary Administration is a simplified, expedited alternative that may be available when:

•         The value of probate assets is $75,000 or less (excluding exempt property), or

•         The decedent has been deceased for more than two years

While Summary Administration is quicker and less expensive, it does not result in the appointment of a Personal Representative and does not produce Letters of Administration. As a result, financial institutions may decline to cooperate if they require additional documentation.

For this reason, some families choose Formal Administration even when Summary Administration is technically available — particularly when cooperation from banks or brokerage firms will be needed.

Do All Estates Go Through Probate?

No. Many assets transfer automatically at death and do not require probate. Common examples include assets held in a trust, accounts with beneficiary designations, and jointly owned property with rights of survivorship.

However, probate may still be required if the deceased owned assets solely in their individual name without a transfer mechanism.

If you want to understand how trusts can help avoid probate, see our article: “Wills vs Trusts in Florida: What Families Need to Know.”

What Assets Do Not Go Through Probate in Florida?

Not every asset must pass through probate. Certain assets transfer automatically at death, bypassing the court process entirely:

•         Trust assets — property held in a properly funded revocable or irrevocable trust

•         Life insurance proceeds — when a named beneficiary is designated

•         Retirement accounts — IRAs, 401(k)s, and similar accounts with beneficiary designations

•         Pay-on-death (POD) and transfer-on-death (TOD) accounts — bank and brokerage accounts with these designations

•         Jointly owned property with rights of survivorship — including property held as tenants by the entirety between spouses

Because probate can involve time and expense, many Florida families choose estate planning strategies designed to minimize or avoid probate whenever possible.

How Long Does Probate Take in Florida?

Most Florida probate cases take several months to about a year to complete, although more complex estates can take longer depending on creditor claims, real estate issues, or disputes between beneficiaries. Factors that affect the timeline include:

•         The number and types of assets involved

•         Whether creditors file claims against the estate

•         Whether real estate or other property needs to be sold

•         How promptly financial institutions respond to requests

•         Whether all beneficiaries cooperate throughout the process

Working with an experienced probate attorney from the outset can help keep the process moving efficiently and prevent avoidable delays.

How Much Does Probate Cost in Florida?

Probate costs in Florida vary depending on the size and complexity of the estate, but most estates involve several categories of expenses, which typically include:

•         Court filing fees — required to open and close the estate. Currently that can range from $215 to $405 depending on the type of probate and assets needing to be addressed.

•         Creditor publication costs — Florida law requires notice to potential creditors to be published, and this fee typically ranges from about $90 to $300–$400 depending on the publication. In the Manatee County and Sarasota County areas, typical costs are around $90.

•         Attorney’s fees — which may be billed hourly or as a flat fee. Worley Elder Law operates on a flat fee/flat percentage for uncontested probates.

•         Additional administrative costs – although many filings are now electronic, certain documents and notices must still be mailed, and postage expenses can add up.   

•         Bond premiums — if the court requires the Personal Representative to be bonded. Bond is often required when the Personal Representative is not a Florida resident.

Understanding the likely expense early in the process helps families make informed, confident decisions about how to proceed.

Do You Need a Probate Attorney in Florida?

In most cases, yes. Florida law generally requires that a Personal Representative be represented by a licensed attorney in formal probate proceedings. Self-representation is permitted only in limited circumstances, such as when the Personal Representative is the sole beneficiary.

An experienced probate attorney helps by:

•         Guiding the Personal Representative through their legal duties and responsibilities

•         Preparing and filing all required court documents accurately and on time

•         Communicating with creditors, financial institutions, and beneficiaries

•         Helping avoid mistakes that could create personal liability for the Personal Representative

The right legal guidance can mean the difference between a smooth, timely closing and months of unnecessary complications.

Frequently Asked Questions About Probate in Florida

The questions below address additional situations families frequently encounter during probate in Florida.

Q: Do you need probate in Florida if the deceased only had a bank account?

Not always. If the account has a designated beneficiary or is held jointly with rights of survivorship, the funds typically transfer directly to the surviving owner or beneficiary without probate.

However, if the account was held solely in the deceased person’s name with no beneficiary designation, the bank will usually require probate before releasing the funds. In smaller estates, simplified probate procedures such as Summary Administration may be available.

Q: Do you need probate in Florida if the deceased only had a bank account?

Not always. If the account has a designated beneficiary or is held jointly with rights of survivorship, the funds typically transfer directly to the surviving owner or beneficiary without probate.

However, if the account was held solely in the deceased person’s name with no beneficiary designation, the bank will usually require probate before releasing the funds. In smaller estates, simplified probate procedures such as Summary Administration may be available.

Q: Do You Need Probate If There Is a Will in Florida?

Yes. A Will does not avoid probate. Instead, it provides instructions for how assets should be distributed and who should serve as Personal Representative.

If the deceased owned assets in their individual name without a beneficiary designation or trust ownership, probate is still required for those assets to be transferred.

Q: Can I handle probate myself without an attorney?

In formal probate proceedings, Florida law generally requires the Personal Representative to be represented by a licensed attorney. The one exception is when the Personal Representative is also the sole beneficiary of the estate. Even then, self-represented parties often encounter unexpected complexities. The cost of an attorney is almost always justified by the time saved and mistakes avoided.

Q: Can Probate Be Avoided in Florida?

In many cases, yes. Probate can often be minimized or avoided through proper estate planning strategies such as:

•         Revocable living trusts

•         Beneficiary designations on financial accounts

•         Pay-on-death or transfer-on-death accounts

•         Joint ownership with rights of survivorship

However, even well-planned estates sometimes require limited probate if assets were not properly titled during the person’s lifetime.

Q: Can a non-Florida resident serve as Personal Representative?

Florida law restricts who may serve as Personal Representative if they do not live in Florida. A non-resident generally must be a close family member of the deceased, such as a spouse, child, sibling, parent, or certain other relatives.

If the person named in the Will does not meet these requirements, the court may require a different Personal Representative to serve.

Q: Is out-of-state property handled differently?

Yes. If the deceased owned real estate in another state, that property is generally subject to probate in that state — regardless of where the person lived. This is called ancillary probate.

Personal property, such as bank accounts or investments, is typically handled through the primary Florida probate proceeding.

Q: Who Pays Probate Fees in Florida?

Probate expenses are typically paid from estate assets before beneficiaries receive their inheritance.

These costs may include court filing fees, creditor publication costs, attorney’s fees, and administrative expenses necessary to properly settle the estate.

Q: What If the Estate Has More Debt Than Assets?

If an estate is insolvent, Florida law establishes a strict order of priority for paying claims. Florida law provides significant protections for estates, including an extensive list of exempt assets and a homestead exemption (see below). Creditors must formally file a claim within the probate proceeding, and claims filed after the statutory deadline may be barred entirely. A Personal Representative is not personally liable for the decedent’s debts, as long as assets are distributed according to the proper legal priority.

Q: What are Florida’s homestead rules in probate?

Florida’s homestead laws are among the strongest in the country. A homestead property cannot be devised freely if the deceased was survived by a spouse or minor child — specific rules govern who inherits it. The homestead is also generally protected from creditor claims during probate. Because homestead issues can be complex and fact-specific, families dealing with real estate in a Florida estate should discuss the particulars with a probate attorney.

Q: What is the difference between a Personal Representative and a Trustee?

A Personal Representative is appointed by the probate court to administer assets that go through the court process. A Trustee manages assets held inside a trust, which operate outside of probate entirely. The same person can serve in both roles — but their legal duties, powers, and responsibilities are separate. Understanding which assets fall under each role is an important part of administering a Florida estate efficiently.

Caring Guidance During Life’s Transitions

At Worley Elder Law, we help families throughout Bradenton, Manatee County, Sarasota County, and Florida’s Gulf Coast navigate probate with clarity and compassion.

Whether you are dealing with a recently discovered account, transferring assets into an existing trust, or trying to understand your responsibilities as a Personal Representative, our goal is to make the process as straightforward as possible.

If you have questions about probate or estate administration, we are here to help. Contact our office to schedule a consultation and discuss your situation.