What is Probate?

The Probate Court Process

In Florida, generally a person is required to hire an attorney to assist them with filing a probate court case.



  • A life insurance policy, annuity contract, or individual retirement account payable to the decedent’s estate.



Do All Assets Have to Go Through Probate?
No. Some assets that don’t fall under probate include property that the deceased jointly owned with another person, assets that were directly designated to a beneficiary by the deceased (such as life insurance proceeds), and any assets held in a living trust. This is obviously a very simplified list, and to learn more, you should read about how to avoid probate, or ask us.

How Long Does Probate Take?
Unfortunately, probate is not known for its expedient nature. Even in relatively straightforward cases, the probate estate must be open for a three-month creditor claim period. Most beneficiaries can expect their loved one’s probate estate to be resolved within five or six months, but if complications arise, for example, if the estate has to file a federal estate tax return, the process can take longer.

Is There a Way to Shortcut Probate?
There are a few situations when Florida estates can actually shortcut probate. The process is called Summary Administration, and it applies to cases where the death occurred more than two years ago, or if the value of the probate estate is $75,000 or less. In each of these situations, the estate’s personal representative or a beneficiary must submit a Petition for Summary Administration, and the document must be signed by all beneficiaries. The Florida court will review the petition and, if it’s decided that the estate qualifies for summary administration, the judge will give the order to release the property of the deceased to the beneficiaries.

The estate can also avoid the probate process if:

  • The property is exempt (e.g. a house owned with a surviving spouse).
  • The only assets are personal property, and the value does not exceed $6,000 in funeral expenses or the medical expenses from the last 60 days of the decedent’s life. This is called disposition without administration.
  • If the decedent dies with no assets in their individual name (i.e. all jointly held property or property held in a living trust).