When a loved one passes away, their estate often must go through the Florida probate process before assets can be distributed to heirs. For many families, probate is an unfamiliar territory that can feel overwhelming. This step-by-step guide explains the Florida probate process in plain language so you know what to expect.

Step 1: Determine Whether Probate Is Necessary

Not all assets require probate. Assets that pass by beneficiary designation (life insurance, retirement accounts), jointly owned property, and assets held in a properly funded trust all pass outside of probate. Only assets owned solely in the deceased person's name at death—without a joint owner or beneficiary designation—typically require probate.

Step 2: File a Petition with the Probate Court

Probate in Florida is handled by the circuit court in the county where the deceased person lived. To begin, a petition must be filed with the court requesting that the estate be opened. If there is a will, it must be filed with the court at this time. The petition is typically filed by the person named as personal representative in the will or, if there is no will, by a next-of-kin.

Step 3: Appointment of Personal Representative

The court will appoint a personal representative (sometimes called an executor in other states) to administer the estate. The personal representative is given "Letters of Administration"—the official document proving their authority to act on behalf of the estate.

Step 4: Identify and Inventory Estate Assets

The personal representative must identify, collect, and inventory all probate assets. This includes real estate, bank accounts, investments, vehicles, and personal property.

Step 5: Notify Creditors and Pay Debts

Florida law requires the personal representative to publish a notice to creditors and notify known creditors directly. Creditors have a limited time to file claims. Valid claims must be paid before assets are distributed to beneficiaries.

Step 6: File Tax Returns

The personal representative must file any required income tax returns for the deceased and for the estate itself. An estate tax return may be required for larger estates.

Step 7: Distribute Assets and Close the Estate

After debts and taxes are paid, the personal representative distributes the remaining assets to beneficiaries according to the will or Florida intestacy laws. The court must approve the final accounting and distribution before the estate can be closed.

Take a look at our Probate Process and What to Expect pages for more information on Florida Probate, and our typical process at HKH Elder Law

At HKH Elder Law, we guide personal representatives and families through every step of the Florida probate process. Call 727-343-8959 to speak with our team in St. Petersburg.