What is Probate in Florida? Everything You Need to Know

What is Probate in Florida? A Simple Guide for Families in Fort Lauderdale

Losing a loved one is one of life’s most difficult experiences. On top of the emotional pain, many families are suddenly faced with legal and financial responsibilities they never expected. One of the most common questions we hear at Collins Probate Law is: “What is probate, and do we have to go through it?”

If you’re dealing with the loss of a family member in Fort Lauderdale or anywhere in Broward County, this guide will help you understand what probate is, why it exists, and what it typically involves.

What is Probate?

Probate is the legal process that takes place after someone dies. It involves validating their will (if one exists), identifying and gathering their assets, paying their debts and taxes, and distributing what remains to the rightful beneficiaries or heirs.

In simple terms, probate is the court-supervised process that officially transfers a deceased person’s property to the people who are supposed to receive it.

Not every asset goes through probate. Assets that have proper beneficiary designations (such as life insurance, retirement accounts, or jointly owned property with right of survivorship) usually pass directly to the named beneficiaries without going through probate.

Why Does Probate Exist in Florida?

Florida’s probate system serves several important purposes:

• It ensures the deceased person’s will is valid and legally followed.
• It provides a structured process to pay debts and taxes.
• It protects the rights of creditors, beneficiaries, and heirs.
• It creates an official record of how the estate was handled.

While probate can feel overwhelming, it exists to bring order and fairness to the distribution of someone’s estate.

What Assets Go Through Probate in Florida?

Generally, assets that are solely in the deceased person’s name and do not have a beneficiary designation will go through probate. Common examples include:

• Real estate titled only in the decedent’s name
• Bank accounts without payable-on-death (POD) designations
• Vehicles
• Personal property (jewelry, furniture, artwork, etc.)
• Business interests

Assets that typically avoid probate include:

• Property held in a revocable living trust
• Life insurance policies with named beneficiaries
• Retirement accounts (401(k), IRA) with designated beneficiaries
• Jointly owned property with right of survivorship

The Probate Process in Florida: Step-by-Step

While every case is different, the probate process in Florida generally follows these main steps:

1. Filing the Petition — A petition is filed with the probate court in the county where the deceased person lived (Broward County in our area).
2. Appointment of a Personal Representative — The court appoints someone (often named in the will) to manage the estate.
3. Inventory of Assets — All probate assets are identified, valued, and reported to the court.
4. Notifying Creditors — Creditors are given the opportunity to make claims against the estate.
5. Paying Debts and Taxes — Valid debts and taxes are paid from estate assets.
6. Distributing Assets — Remaining assets are distributed to beneficiaries according to the will or Florida law.
7. Closing the Estate — The personal representative files a final accounting and requests to be discharged by the court.

The process can be formal or summary (a faster version for smaller estates), depending on the size and circumstances of the estate.

How Long Does Probate Take in Florida?

Most formal probate cases in Florida take between 6 to 12 months, though complex estates or those involving disputes can take longer. Summary administration (available for smaller estates or when the person has been deceased for more than two years) is often much faster.

Do You Need a Probate Attorney in Florida?

While Florida law does not technically require you to hire an attorney, most people find it extremely helpful — and often necessary. Probate involves strict deadlines, detailed court filings, and legal responsibilities that can be overwhelming during a time of grief.

An experienced probate attorney can:

• Guide the personal representative through their duties
• Help avoid costly mistakes and delays
• Communicate with beneficiaries and creditors
• Handle any disputes that arise

How Collins Probate Law Can Help

At Collins Probate Law, we understand how stressful this time can be. Our team provides compassionate, clear, and experienced guidance to families in Fort Lauderdale and throughout Broward County. Whether you need help with full probate administration, summary administration, or are facing a contested estate, we’re here to make the process as smooth as possible.

We believe in treating every family with the respect and care they deserve while protecting their loved one’s legacy.