What Is Probate, Exactly?

Probate is the legal process of settling a deceased person's estate. It is the court's way of making sure debts are paid, taxes are handled, and the remaining assets go to the right people. Not everything a person owned has to go through probate. Things like jointly owned property, accounts with a named beneficiary, and assets held in a trust usually skip the process entirely.

Who Is Involved in Probate?

Personal Representative  

This is the person, sometimes called an executor in other states, who is appointed to manage the estate. They are responsible for gathering assets, paying debts, and distributing what is left.

Beneficiaries or Heirs

The people who are entitled to receive property from the estate, either because they are named in the will or because Florida law names them as heirs.

The Probate Court

The Circuit Court in the county where the deceased person lived oversees the process and approves major steps along the way.

An Attorney

Florida generally requires a personal representative to be represented by an attorney during formal administration, unless the personal representative is the only interested party.

The Two Main Types of Probate in Florida

1. Formal Administration: This is the standard process for larger estates. It involves appointing a personal representative, notifying creditors, paying valid debts, and eventually distributing the assets under court supervision. It can take several months to a year or more, depending on the complexity of the estate.

2. Summary Administration: This is a shortcut available when the estate is valued at $75,000 or less (not counting exempt property), or when the person passed away more than two years ago. It is faster and involves less court oversight, which makes it appealing for smaller or simpler estates.

A General Timeline of the Process 

1. A petition is filed with the court to open probate

2. The court appoints a personal representative

3. Notice is given to creditors and interested parties

4. The personal representative gathers and inventories the assets

5. Valid debts and expenses are paid

6. Remaining assets are distributed to beneficiaries

7. The estate is formally closed

Every estate is a little different, so timelines can shift depending on whether there are disputes, complicated assets, or outstanding debts.

Common Documents You Will Encounter

Throughout probate, you will likely come across petitions, oaths, waivers, and various affidavits. Many of these need to be signed in front of a notary before they can be filed with the court. If you are working through this process yourself, having a notary who understands estate related paperwork can save you some back and forth.

Do You Need an Attorney?

For Formal Administration, Florida generally requires one. 

For Summary Administration or smaller matters, some people are able to handle parts of the process themselves using self-help resources through the Florida Courts. 

If you are unsure which category your situation falls into, it is worth a conversation with an attorney before deciding to go it alone.

How I Can Help.

While I am not an attorney and cannot give legal advice, I can notarize the documents you need throughout the probate process, in person or remotely, and I can help make sure your paperwork is completely filled out to keep things moving smoothly.

A Few Helpful Resources

If you want to look into this further on your own, these are trustworthy, free places to start:

- floridacourts.gov self-help forms

- Your local county Clerk of Court probate division

- A licensed Florida probate attorney, for anything Formal Administration related

I always encourage people to know their options, whether that means doing some of this yourself or bringing in help when it makes sense.

If your family is in the middle of a difficult situation and needs documents signed right away, we are here to help. My Mobile Notary Tonya provides professional, compassionate mobile notary services throughout Broward and Palm Beach Counties. We come to hospitals, care facilities, private homes, and anywhere else your family needs us.

This article is for general informational purposes and is not legal advice. For guidance and advice specific to your situation, please consult a licensed Florida attorney.