Probate in Florida can seem daunting, but understanding each stage makes it manageable. At Panther Law, we break down the process into clear, actionable steps so you’re always informed and never overwhelmed. Here’s what to expect, whether you’re in Zephyrhills, Pasco County, or anywhere in the state.
Step 1: Open the Estate
- File the will (if one exists) and a petition with the correct county court to appoint a Personal Representative (PR).
- Obtain death certificates.
- Choose the right court—typically, the county where the decedent lived at death.
Step 2: Notice & Administration
- Court issues “Letters of Administration,” giving the PR legal authority.
- PR must notify beneficiaries and all known creditors.
- Publish a “Notice to Creditors” in a local newspaper.
- Creditors have 90 days from publication to file claims.
Step 3: Inventory & Management
- PR locates, values, and secures all estate assets.
- An official Inventory of assets is filed with the court.
- PR may need to maintain, manage, or even sell assets (with court approval in some cases).
Step 4: Settling Debts and Taxes
- PR reviews and pays valid creditor claims; disputes any that are improper.
- Final expenses and taxes are paid.
- Florida has
no state estate tax, but federal estate tax may apply to very large estates.
- Final income tax returns for the decedent must be filed.
Step 5: Distributing Assets
- Once debts, claims, and waiting periods are resolved, the PR distributes assets to beneficiaries as instructed by the will or by intestacy laws.
Step 6: Closing the Estate
- PR provides a final accounting and petitions the court for discharge.
- Court reviews all steps, then issues an order to officially close the estate and release the PR from further duties.
Visual Tip:
Consider adding an infographic or flowchart to your site summarizing these six steps and showing the typical timeline (formal probate often takes 6–12 months in Florida, though summary administration can be faster). This helps visual learners and sets realistic expectations.
Formal vs. Summary Probate in Florida
- Formal Administration: Used for most estates, especially those with assets over $75,000 or with legal complications. Full process with court oversight and a PR.
- Summary Administration: For smaller estates (non-exempt assets under $75,000) or when the decedent died more than two years ago. No PR is appointed and the process skips some steps—faster and simpler when eligible.
Not sure which applies? Panther Law can review your situation and advise on the best route, possibly saving you months of time and expense.
What Does the Personal Representative (PR) and Attorney Do?
- Personal Representative: Handles all estate matters—locates assets, pays debts, communicates with heirs, and files necessary paperwork.
- Attorney: Prepares and files legal documents, keeps the PR on track, sets up estate bank accounts, obtains a tax ID number (EIN), and ensures every legal step is covered.
- Missing a step (like failing to notify creditors or file an inventory) can lead to delays or personal liability—our role is to prevent that.
Local Variations:
Pasco County and neighboring areas may have electronic filing systems and local practices. If the estate owns out-of-state property, we coordinate “ancillary probate” in other states as needed.
Related Probate services
FAQs: Florida Probate Process
What are the steps of probate in Florida?
They include opening the estate, notices, asset inventory, settling debts/taxes, distributing assets, and closing the estate—each explained above.
How long does formal probate take in Florida?
Most cases take 6–12 months; summary administration may be faster.
What does a personal representative have to do?
Everything from gathering assets and notifying heirs/creditors to filing paperwork and distributing property.
Summary vs formal probate Florida—what’s the difference?
Summary is for smaller/older estates and skips some steps. Formal is more comprehensive and required for larger or contested estates.
Need Guidance Through Probate?
The Florida probate process has many moving parts, but you don’t have to handle them alone. For personal help or to get started, see our Probate Services or contact Panther Law for a consultation.
