From Will to Wallet: Navigating Florida Probate Without the Headaches (A Step-by-Step Guide to the Probate Process) © Cynthia Crofoot Rignanese, Attorney-At-Law

Navigating the probate process in Florida can feel overwhelming, especially when you are dealing with the loss of a loved one. The good news? With a clear roadmap, the journey is much smoother. As a Florida estate planning and probate lawyer for more than 30 years, I have guided many families through this process—and I promise, it is not as daunting as it seems. Here is a straightforward look at what you can expect.

Step 1: Filing the Petition

Every probate journey starts with paperwork (of course). An interested party—often the person named as Personal Representative in the will, or a close family member—files a Petition for Administration with the probate court in the county where the decedent lived. The lawyer will write this Petition. If there is a will, the original of it will go to the court for validation.

Step 2: Appointment of the Personal Representative

Next, the court appoints a Personal Representative to be in charge. If there is a will, this person is usually named in it. If not, Florida law provides an order of priority – spouse, children, parents, etc. The court then issues Letters of Administration, which is the official permission slip to start managing the estate.

Step 3: Notifying Creditors and Beneficiaries

The Personal Representative must notify all known creditors and beneficiaries. This includes publishing a notice in a local newspaper to alert any unknown creditors. Creditors have three months from the date of publication to file claims. (Yes, even in the digital age, newspapers still play a role!)

Step 4: Inventory and Appraisal

It is time to take stock. The Personal Representative identifies and values all probate assets—think real estate, bank accounts, investments, and personal property. This inventory gets filed with the court. If you have ever wanted to channel your inner detective, this is your moment.

Step 5: Paying Debts, Expenses, and Taxes

The estate pays valid debts, funeral expenses, administration costs, and any taxes owed. The Personal Representative reviews creditor claims and pays those that are legitimate. Disputed claims may require a bit of courtroom drama (but hopefully not too much).

Step 6: Distributing the Remaining Assets

Once debts and expenses are settled, the lawyer will draft receipts and waivers for the beneficiaries to sign representing what each received. A final accounting may be needed. Then, the remaining assets are distributed to beneficiaries according to the will—or, if there is no will, according to Florida’s intestacy laws... This is the part everyone has been waiting for.

Step 7: Closing the Estate

With the lawyer’s assistance, the Personal Representative files a final accounting with the court a request to close the estate. Once the court approves, the Personal Representative is officially discharged, and the probate process is complete. Congratulations, you have crossed the finish line.

Final Thoughts

If you are facing probate in Florida, do not go it alone. An experienced probate attorney can help you avoid headaches, speed up the process, and give you peace of mind.