Florida Probate Process: Complete Guide for Personal Representatives
Finding out you have been named personal representative in a loved one's will often happens at the worst possible time - in the middle of grief, with no roadmap and no warning. Suddenly you are responsible for gathering assets, notifying creditors, filing court paperwork, and distributing everything your loved one left behind. For most people this is entirely unfamiliar territory, and the stakes are real: a mistake can mean personal liability or a family dispute that drags on for years.
This guide walks you through every stage of the Florida probate process from the moment you are appointed to the day the estate closes. The goal is plain and practical. This guide gives you a clear picture of what is required, what the law says, and where things commonly go wrong, so you can move forward with confidence.
What Is a Personal Representative in Florida?
Florida uses the term personal representative (PR) where other states say "executor" or "administrator." The role is created and governed by Chapter 733 of the Florida Statutes, which is Florida's Probate Code.
Under Florida Statute § 733.602, a personal representative is a fiduciary. The term carries legal weight, meaning you must act in the best interests of the estate and its beneficiaries at all times, not your own interests, and not the interests of any one family member over another. Florida courts hold personal representatives to the same standard of care as a trustee. Self-dealing, mismanagement, or ignoring creditor claims can expose you to personal liability.
Who Is Eligible to Serve?
Florida Statute § 733.303 sets the eligibility rules. To serve, a person must meet all of the following:
- Be at least 18 years old
- Be mentally and physically capable of performing the duties
- Have no felony conviction on record
Florida residents can serve without restriction. Non-residents may serve only if they are a spouse, sibling, parent, child, or other close lineal relative of the decedent. A non-relative who lives outside Florida generally cannot serve. Licensed Florida banks and trust companies may also serve as corporate personal representatives.
Which Type of Florida Probate Applies to Your Estate?
Florida probate runs on two main tracks, and knowing which one applies to an estate shapes everything that follows.
Summary administration under § 735.201 is available when the non-exempt probate estate is worth $150,000 or less, or when the decedent has been deceased for more than two years. It is faster - often closing in four to eight weeks - and does not require appointing a personal representative.
Formal administration under Chapter 733 applies to everything else. This is the full court-supervised process, and it is the focus of this guide. Most Florida estates that include real property, financial accounts, or business interests require formal administration.
Step-by-Step Through Florida Formal Administration
Step 1: Filing the Petition for Administration
The process begins when someone files a Petition for Administration with the circuit court's probate division in the county where the decedent was domiciled at death. Under § 733.202, the petition is filed along with the original will (if one exists), the death certificate, and the Oath of Personal Representative.
Personal representatives in formal administration must be represented by a Florida-licensed attorney in almost all cases. Under Florida Probate Rule 5.030(a), the only narrow exception is when the personal representative is the sole beneficiary. In any estate with multiple beneficiaries, an attorney is mandatory."
Step 2: Receiving Letters of Administration
Once the court reviews and approves the petition, it issues Letters of Administration. This document is your official proof of authority to act on behalf of the estate. Banks, title companies, brokerages, and government agencies will require an official copy before releasing or transferring any assets. Request at least six to ten official copies when letters are issued - institutions generally will not return them.
Step 3: Serving Notice of Administration and Notice to Creditors
Two separate notices go out once Letters of Administration are issued.
Under § 733.212, you must serve a Notice of Administration on all beneficiaries, heirs, and other interested persons. This notice triggers important deadlines for those parties. For example, a surviving spouse has six months from the date of this notice to file an election to take an elective share of the estate under § 732.2135.
Under § 733.2121, you must also:
- Publish a Notice to Creditors in a local newspaper once per week for two consecutive weeks
- Send direct written notice to all known or reasonably ascertainable creditors
Known creditors who receive direct notice have 30 days from the date of service to file a claim. Creditors who rely on publication have the later of three months from first publication or 30 days from direct notice. This three-month window is set by § 733.702 and cannot be shortened by any court order. It is the single biggest driver of the overall probate timeline.
Step 4: Filing the Inventory
Within 60 days of receiving Letters of Administration, you must file a verified inventory of all probate assets with the court. § 733.604 governs this requirement. Each asset must be listed at its fair market value as of the date of death. If additional assets surface later, an amended inventory can be filed.
Assets commonly included in the probate inventory:
- Real property titled solely in the decedent's name
- Bank and investment accounts without a designated beneficiary
- Vehicles and boats
- Business interests and partnership shares
- Tangible personal property of significant value
Assets that pass outside probate - such as jointly held accounts, accounts with beneficiary designations, and property held in a revocable living trust - are not listed in the inventory.
Step 5: Managing Estate Assets During Administration
From the moment of appointment, possession of the estate's assets passes to you under § 733.607. You must keep real property insured and maintained, prevent accounts from sitting unmonitored, and open a dedicated estate bank account for income and expenses. § 733.612 grants broad authority to collect rent, sell personal property, and manage business operations without a separate court order in most situations. Every transaction should be documented because you will account for all of it at the close of the estate.
Step 6: Paying Debts, Taxes, and Administration Expenses
Once the creditor period closes, you review all filed claims and pay those that are valid. § 733.707 establishes a strict priority order:
- Class 1: Costs of administration (attorney fees, PR fees, court costs)
- Class 2: Funeral expenses up to $6,000
- Class 3: Debts and taxes with federal preference
- Class 4: Medical expenses incurred in the last 60 days of life
- Classes 5 through 8: Other debts in descending statutory priority
You may formally object to any claim that appears improper or untimely. Under § 733.710, all creditor claims are permanently barred two years after the decedent's death regardless of whether probate was opened.
Step 7: Final Accounting and Closing the Estate
After all debts and expenses are resolved, you prepare a final accounting showing every receipt, disbursement, and asset available for distribution. Beneficiaries may waive the accounting in writing. Once approved (or waived), you distribute assets per the will or, without one, per Florida's intestate succession laws in Chapter 732.
The final step is filing a Petition for Discharge. This closes the estate and releases you from your duties. Under § 733.901, courts expect formal administration to close within 12 months of filing.
How Long Does Florida Probate Take?
A straightforward formal administration in Florida generally takes between six and twelve months. The mandatory three-month creditor period alone creates an unavoidable floor. Estates with contested claims, tax issues, or family disputes can run well beyond a year. Courts handling the Florida probate process 2026 process cases at varying speeds by county, so filing promptly and meeting every deadline matters.
How Much Is a Personal Representative Paid?
You are entitled to compensation from the estate under §733.617. Florida's presumptively reasonable fee schedule is based on the compensable value of the estate:
- 3% on the first $1 million
- 2.5% on amounts above $1 million up to $5 million
- 2% on amounts above $5 million up to $10 million
- 1.5% on amounts above $10 million
For a $500,000 estate, that is approximately $15,000. Additional compensation for extraordinary services is available under § 733.617(3), covering tasks like selling real property or handling litigation. This PR fee is separate from attorney fees for legal services rendered to the estate.
Key Takeaways
- A Florida personal representative is a fiduciary held to trustee-level standards under § 733.602.
- Eligibility is governed by § 733.303 - non-resident, non-relatives generally cannot serve.
- Attorney representation is required under Florida Probate Rule 5.030 in virtually all formal administrations.
- The three-month creditor period under § 733.702 cannot be waived or shortened.
- The verified inventory must be filed within 60 days of receiving Letters of Administration.
- Creditor claims are barred two years after death under § 733.710, protecting beneficiaries from late claims.
- PR compensation under § 733.617 starts at 3% of compensable estate value.
- Most formal administrations take 6 to 12 months from filing to final discharge.
Frequently Asked Questions
Q. Do I have to accept the role if I am named in the will?
A. No. Being named does not obligate you to serve. A written renunciation filed with the probate court is all it takes, and the court appoints a replacement under § 733.301.
Q. Can a personal representative be removed?
A. Yes. § 733.504 allows removal for non-compliance with court orders, waste of estate assets, incapacity, or conflicting interests.
Q. What happens if there is no will?
A. Probate is still required. Under § 733.301(1)(b), the court appoints an administrator based on priority: first the surviving spouse, then the person selected by a majority in interest of the heirs, then the heir nearest in degree.
Q. Is homestead property part of the probate estate?
A. Florida homestead carries special constitutional protections. When a surviving spouse or minor child survives the decedent, homestead typically passes outside of probate. Whether it is subject to court administration depends on how the property is titled and who the beneficiaries are.
Q. Can I sell estate property without going back to court?
A. In most cases, yes. § 733.612 and § 733.613 give personal representatives broad authority to sell personal and real property without a separate court order, as long as the sale serves the best interests of the estate.
Q. What is the two-year bar on creditor claims?
A. Under § 733.710, all creditor claims are absolutely barred two years after death, even if the creditor received no notice and probate was never opened. This is one reason families benefit from opening formal administration promptly.
Ready to Move Forward? We Are Here to Help.
Serving as a personal representative is one of the more significant responsibilities a person can take on. The deadlines are fixed, the fiduciary duties are real, and a misstep can result in personal liability or months of delay for everyone waiting on their inheritance. Sound legal guidance from the start makes the process more manageable and helps protect you personally.
At Elder Needs Law in Aventura, Florida, our probate team works alongside personal representatives at every stage of the process. Whether you are filing the very first petition or you are several months into an administration that has become more complicated than expected, we are ready to sit down with you, assess where things stand, and map out a clear path forward.
Contact Elder Needs Law today to schedule a consultation. No matter how simple or complex the estate, you do not have to figure this out alone - and the sooner you reach out, the sooner you can stop worrying and start moving.
