Florida Probate Administration

When a Palm Beach retiree passes away, the family often faces probate, the court process that validates a will and transfers assets. Florida probate is governed by Chapters 731 through 735 of the Florida Statutes. The right path depends on the size of the estate and how long it has been since death. We guide families, including those of seasonal residents whose loved ones lived in two states, through each step.

When Probate Is Required

Probate is generally needed for assets titled in the decedent’s sole name without a beneficiary or joint owner. Assets in a funded revocable trust, jointly held property with survivorship, and accounts with valid beneficiary designations typically pass outside probate. This is why so many snowbirds use trusts, to spare their families this process, but when probate is necessary, it must be handled correctly.

Summary Administration

Florida offers a streamlined process called summary administration when the value of the probate estate (excluding exempt property such as homestead) does not exceed the statutory threshold, or when the decedent has been deceased for more than two years. Summary administration is faster and less costly than formal administration and does not require appointing a personal representative. For modest estates of retirees, it can resolve matters efficiently.

Formal Administration

Larger estates, or those needing a personal representative to manage assets, pay creditors, or address disputes, proceed through formal administration. The court appoints a personal representative who is issued Letters of Administration, gives notice to creditors, inventories assets, and ultimately distributes the estate. Remember Florida’s residency rule: a nonresident personal representative generally must be related to the decedent, which often affects snowbird families.

Ancillary Administration for Out-of-State Decedents

If a person who lived primarily up north owned Florida real estate, the Florida property may require ancillary administration even though the main estate is probated in the home state. This is a frequent issue for seasonal residents who never moved their domicile. We coordinate Florida ancillary proceedings so the Palm Beach property transfers cleanly.

Homestead and the Elective Share

Florida homestead receives special treatment in probate: it is generally protected from the decedent’s creditors and passes under constitutional devise rules. A surviving spouse also has rights, including the elective share under Florida Statutes section 732.2065, equal to 30 percent of the elective estate, which prevents disinheritance. These protections can override what a will says, so they must be analyzed early in administration.

Consult a Florida Probate Attorney

Probate procedure is detailed and the correct path depends on your specific facts. This page is general information only and not legal advice. Please consult a licensed Florida probate attorney before acting. We assist Palm Beach families and the families of seasonal residents and welcome you to schedule a consultation.