A Step-by-Step Guide to Probate Administration in Florida

Probate administration is the legal process of settling a person’s estate after they pass away. While it’s a common and often necessary procedure, it can feel overwhelming for families who are already coping with loss. Understanding how probate works—and what steps are involved—can make the experience far less stressful. This guide breaks down the process in clear, practical terms and highlights how I support families throughout Tampa and surrounding Florida counties during probate administration.

What Is Probate and When Is It Required?

Probate is a court‑supervised process that ensures a deceased person’s assets are collected, debts are paid, and remaining property is distributed to beneficiaries. In Florida, probate is required when someone passes away with assets titled solely in their name or without proper beneficiary designations.

Even when a person has a valid will, probate may still be necessary—the will simply guides how assets are distributed. If there is no will, Florida’s intestacy laws determine who inherits the estate.

Why Probate Matters for Florida Families

Probate administration offers structure, oversight, and protection for everyone involved. It ensures:

• Assets are transferred legally and correctly
• Creditors are handled in the proper order
• Beneficiaries receive what they’re entitled to
• The personal representative (executor) has legal authority to act on behalf of the estate

For families in Tampa, Hillsborough County, Pinellas County, Pasco County, Polk County, and Sarasota, probate helps prevent misunderstandings and ensures assets are handled according to Florida law.

Types of Probate in Florida

Florida offers different probate processes depending on the size and circumstances of the estate.

Formal Administration

Formal administration is the most common type of probate in Florida. It is required when the estate’s value exceeds $75,000 or when a personal representative is necessary to manage complex tasks like securing property, resolving disputes, or handling litigation.

Summary Administration

Summary administration is an expedited process available when:

• The estate is valued at $75,000 or less (not including exempt assets), or
• The person has been deceased for more than two years

This shorter process can be helpful for families handling modest estates or when assets are limited to a few items.

Disposition Without Administration

This very limited option may apply when the estate only includes personal items and final expenses (such as funeral costs) paid by the applicant. It is rare but available in specific situations.

Step 1: Filing the Will and Opening the Estate

The first step in probate administration is filing the will (if one exists) with the appropriate Florida court. In most cases, this is done in the county where the decedent resided—such as Hillsborough, Pinellas, or Pasco counties.

A petition is then filed asking the court to open the estate and appoint a personal representative. If there is a will, it typically names the person the decedent chose for this role.

Step 2: Appointment of the Personal Representative

Once approved by the court, the personal representative (also called the executor) receives “Letters of Administration,” which provide legal authority to manage the estate. Their responsibilities may include:

• Securing property and safeguarding assets
• Redirecting mail and managing accounts
• Communicating with banks and financial institutions
• Gathering information about real estate, bank accounts, and personal property

Step 3: Notifying Creditors

Florida law requires that known creditors be notified and that a notice to creditors is published to give unknown creditors the chance to file claims. This step helps ensure debts are resolved properly and prevents future surprises for beneficiaries.

Step 4: Inventorying and Valuing Assets

The personal representative must identify and list all probate assets. These may include:

• Real estate titled solely in the decedent’s name
• Bank accounts without beneficiaries
• Vehicles
• Investment accounts
• Personal property

An accurate inventory ensures transparency and helps the court, creditors, and beneficiaries understand the estate’s value.

Step 5: Paying Debts and Expenses

Before distributions can occur, valid debts and administrative expenses must be paid. This may include:

• Funeral expenses
• Medical bills
• Credit card debts
• Taxes
• Legal and accounting fees

Florida has strict rules on the order in which debts must be paid. As a probate attorney, I ensure families follow these requirements and avoid personal liability risks.

Step 6: Distributing Assets to Beneficiaries

Once debts are resolved, assets can be distributed according to the will or Florida’s intestacy laws. This may include transferring real estate, distributing bank funds, or delivering personal belongings to heirs.

Step 7: Closing the Estate

The personal representative submits a final accounting to the court and requests permission to close the estate. After approval, the estate is officially settled, and the personal representative’s duties conclude.

How Mombrun Law Supports Families Through Probate

Probate can be emotional, time‑consuming, and confusing—especially when families are grieving. At Mombrun Law, PLLC, I offer hands‑on, compassionate guidance from start to finish. I help clients understand each step, avoid delays, and ensure the process is handled correctly and respectfully.

Whether you’re local to Tampa or live elsewhere in Florida, I simplify communication, provide organized checklists, and manage court filings so you don’t have to navigate the system alone.

FAQ

How long does probate take in Florida?

Summary administration may take a few weeks to a few months. Formal administration typically takes six months to a year, depending on complexity and creditor claims.

Can probate be avoided?

Yes. Tools like revocable living trusts, beneficiary designations, and proper asset titling can help avoid probate. If your loved one has already passed, however, probate may be unavoidable.

Does having a will eliminate probate?

No. A will guides the probate process but does not avoid it. Only certain planning strategies can help bypass probate entirely.

What if there is no will?

If there is no will, Florida’s intestacy laws determine who inherits the estate. I guide families through this process to ensure everything is handled properly.

Do I need an attorney for probate?

In Florida, formal administration almost always requires an attorney. Even in simpler cases, legal guidance helps ensure accuracy, efficiency, and compliance with Florida law.