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Home » Stuart, FL Law Office » Probate Attorney in Stuart » Florida Probate Flowchart

Florida Probate Process

Formal Administration Under Florida Statutes Chapter 733
Both Paths → Same Procedure

📢 File Petition for Administration

File in circuit court of decedent’s domicile county. Include death certificate, original will (if testate), and proposed Personal Representative. Pay filing fees.
Venue: Decedent’s domicile county

📄 Letters Issued by Court

Court issues Letters Testamentary (testate) or Letters of Administration (intestate). PR now has legal authority to act for the estate. Bond may be required unless waived in will.

📢 Notice to Creditors

Publish Notice to Creditors in local newspaper once weekly for 2 consecutive weeks. Serve known or reasonably ascertainable creditors directly. This starts the claims period. Publish within 60 days of Letters

📊 File Inventory

PR must file verified inventory of all probate assets with date-of-death values. Real property, personal property, bank accounts, investments, etc. May elect to keep inventory confidential. Due: 60 days from Letters

⏳ Creditor Claims Period

Creditors have 3 months from first publication (or 30 days from service, whichever is later) to file claims. PR reviews and objects to or pays valid claims per statutory priority (F.S. 733.707). Claims Period: 3 months from publication

💰 Pay Debts, Expenses & Taxes

Pay valid creditor claims per statutory priority. Pay administration expenses (attorney’s fees, PR fees, court costs). File and pay estate taxes (federal if over exemption) and final income tax returns.

⚔️ Resolve Disputes (If Any)

Will contests, creditor claim objections, or beneficiary disputes must be resolved. May require evidentiary hearing or trial. Court resolves contested matters before distribution.

📑 Final Accounting

PR files final accounting showing all receipts, disbursements, and assets remaining for distribution. Beneficiaries may waive accounting. Court reviews for approval.

🏠 Distribution to Beneficiaries

Distribute remaining assets per will terms (testate) or F.S. 732 intestate succession. Transfer real property, retitle accounts, distribute personal property.

✅ Petition for Discharge

PR files Petition for Discharge with final accounting, proof of distribution, and beneficiary receipts. Court reviews and enters Order of Discharge, closing the estate and releasing PR from liability.

✅

Estate Closed

PR Discharged

📌  Key Florida Probate Information

Summary Administration

Available if estate value is under $75,000 or decedent died more than 2 years ago. Faster process without formal PR appointment. F.S. 735.

Disposition Without Administration

Available if estate value is under $75,000 or decedent died more than 2 years ago. Faster process without formal PR appointment. F.S. 735.

Creditor Priority (F.S. 733.707)

Class 1: Costs of administration. Class 2: Funeral expenses (up to $6,000). Class 3: Debts/taxes with federal preference. Class 4: Medical expenses (last 60 days). Class 5-8: Other debts.

Intestate Succession (F.S. 732)

No will: Surviving spouse’s share depends on descendants. If all descendants are also spouse’s, spouse takes all. Otherwise, spouse takes half. Children share equally.

Homestead Property

Florida homestead has special constitutional protections. Descends outside probate if surviving spouse or minor child. Cannot be devised away from spouse/minor children.

Elective Share

Surviving spouse may elect to take 30% of elective estate instead of what will provides. Must elect within 6 months of Notice of Administration. F.S. 732.201.

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