Florida Probate Explained: A Simple Guide for Families (No Legalese Needed!)

If you're feeling overwhelmed after losing a loved one, you're not alone — and trying to figure out “probate” probably isn't helping. The good news? It’s not as scary as it sounds when you break it down. (And no, you don’t need a law degree to get it.)

Let’s walk through what probate in Florida really is — plain and simple.

What Is Probate, Anyway?

At its core, probate is just the legal process that happens after someone passes away. It’s how the court makes sure:

• The person’s debts are paid

• Their assets go to the right people

Think of it as settling someone’s final "life checklist" — officially.

Do I Always Have to Go Through Probate in Florida?

Not always! Some assets skip probate automatically, like:

• Life insurance policies with named beneficiaries

• Bank accounts with “payable on death” designations

• Trust-owned property

But things like houses, cars, or personal belongings that were only in the deceased’s name? Those usually have to go through probate.

How Long Does Probate Take?

It depends. Simple cases might wrap up in 3 to 6 months. More complicated cases (disputes, lots of assets, missing wills) can take a year or more.

The faster you start the process and the better organized things are, the smoother it goes.

What Are the Basic Steps?

Here’s the typical Florida probate checklist:

1. File a petition with the court to open probate

2. Appoint a personal representative (aka executor)

3. Notify creditors and pay debts

4. Inventory and value assets

5. Pay Creditor Claims

6. Distribute what’s left to heirs

7. Close the estate with the court’s approval

Don’t worry — if you hire a probate attorney, they’ll guide you through all this.

Do I Really Need a Lawyer for Probate?

Technically, for small estates under $75,000 (called “Summary Administration”), you are not required to have a lawyer. But for higher value estates, Florida law actually requires using an attorney to file through the court.

And honestly? Even if when it isn't required, having someone who knows the system saves huge headaches — and can often save money by avoiding costly mistakes.

Final Thought: You're Not Alone

Probate feels intimidating because it's often tied to grief. But with the right support, it’s just a series of steps — and you’ll get through it, one at a time.

Need help getting started? We offer compassionate, no-pressure guidance to help families settle estates the right way. Reach out anytime — we’re here for you.