Probate

Probate is the court-supervised process through which a deceased person's assets are identified, debts are paid, and remaining property is distributed to beneficiaries or heirs. In Florida, the process is governed by the Florida Probate Code and administered through the circuit courts. While probate serves an important legal function, it can be time-consuming, procedurally demanding, and emotionally difficult for families already navigating loss.

Suncoast Legal guides families and personal representatives through the Florida probate process from opening to close, handling the legal work so that families can focus on what matters.

Probate vs. Non-Probate Assets

Not all assets go through probate. The probate process applies to assets held solely in the decedent's individual name without a designated beneficiary. Assets that typically pass outside of probate include:

• Assets held in a revocable living trust
• Accounts with named beneficiaries (retirement accounts, life insurance, payable-on-death and transfer-on-death accounts)
• Property held in joint tenancy with right of survivorship
• Florida homestead property passing to a surviving spouse or lineal descendants under certain circumstances

Understanding which assets require probate and which do not is one of the first steps in advising a family after a loss. Estate planning done in advance can significantly reduce or eliminate the need for probate.

Types of Probate in Florida

Summary Administration is an expedited form of probate available under two circumstances: when the total value of the estate's probate assets (less the value of exempt property) is $75,000 or less, or when the decedent has been deceased for more than two years. Summary Administration does not require the appointment of a personal representative. While faster and less costly than formal administration, it still requires a proper petition, court filing, and compliance with the creditor claims process. Beneficiaries may bear personal liability for estate debts in proportion to assets received.

Formal Administration is required for larger estates — generally those with probate assets exceeding $75,000 — or when the circumstances require it regardless of estate size. Formal Administration involves appointing a personal representative, who manages the estate under court oversight throughout the proceeding. Key stages include filing an inventory of estate assets within 60 days of appointment, publishing a Notice to Creditors in a local newspaper, managing a creditor claims period of at least three months from the date of first publication, addressing valid and disputed claims, and ultimately distributing assets to beneficiaries after all obligations are satisfied.

Disposition of Personal Property Without Administration is available in limited circumstances involving very small estates consisting only of personal property. This simplified process allows for payment of certain obligations and transfer of limited assets without a formal court proceeding.

The Personal Representative

In a Formal Administration, the court appoints a personal representative — the fiduciary responsible for managing and administering the estate. Under Florida law, a personal representative must be either a Florida resident or a close family member of the decedent (such as a spouse, sibling, lineal descendant, or ancestor) regardless of state of residence. Corporations and other entities may also serve in certain circumstances.

The personal representative's duties are extensive and carry fiduciary responsibility. They include:

• Identifying, gathering, and protecting estate assets
• Publishing Notice to Creditors and conducting a diligent search for reasonably ascertainable creditors
• Filing an inventory of estate assets within 60 days of appointment
• Evaluating, paying, or objecting to creditor claims
• Filing required tax returns and satisfying tax obligations
• Preparing a final accounting and distributing the estate to beneficiaries
• Petitioning for discharge and closing the estate

Personal representatives who fail to fulfill these duties correctly can be held personally liable. Legal counsel throughout the process is critical.

Creditor Claims in Florida Probate

One of the most procedurally significant aspects of Florida probate is the creditor claims process. In Formal Administration, the personal representative must publish a Notice to Creditors in a local newspaper and serve known and reasonably ascertainable creditors directly. Creditors generally have the later of three months from the date of first publication or 30 days from the date of service of the notice to file claims against the estate. After this period, most claims are barred.

The personal representative has discretion to pay valid claims, object to disputed claims, or negotiate settlements. Claims that are objected to may proceed to litigation. Proper management of the creditor claims process is essential to protecting both the estate and the personal representative from liability.

Surviving Spouse and Children

Florida law provides important protections for a decedent's surviving spouse and children that arise during the probate process, regardless of what the will provides:

• Homestead rights: Florida homestead property receives special protection. A surviving spouse has the right to use and occupy the homestead for life, and the property cannot be devised to third parties if a spouse or minor child survives.
• Exempt property: A surviving spouse or children are entitled to up to $20,000 in household furniture and furnishings, two motor vehicles, and certain other personal property as exempt from creditor claims.
• Family allowance: A surviving spouse and lineal heirs are entitled to a reasonable family allowance during the estate administration, not to exceed $18,000 in the aggregate.
• Elective share: A surviving spouse who is dissatisfied with the provisions of the will may elect to receive 30% of the decedent's elective estate under Florida law.

How Suncoast Legal Can Help

At Suncoast Legal, we guide families and personal representatives through the full probate process, from evaluating which type of proceeding is appropriate to closing the estate and making final distributions. Our services include:

• Evaluating the estate and advising which type of administration applies
• Preparing and filing all petitions, inventories, accountings, and required court documents
• Advising personal representatives on their fiduciary duties and managing liability exposure
• Managing the creditor notice process and evaluating claims
• Coordinating with accountants on tax obligations and clearances
• Assisting surviving spouses and children with their statutory rights
• Advising on probate avoidance strategies for future planning

Probate is more than a legal formality. It affects how a loved one's legacy is administered and experienced by the people left behind. With steady legal guidance, the process can be managed efficiently, correctly, and with the care your family deserves.