Florida Probate Administration

When a professional or physician passes away, the family is often left to untangle a balance sheet with practice interests, multiple accounts, real estate, and creditor exposure. Probate is the court-supervised process for settling that estate, paying valid debts, and transferring what remains to the heirs. Florida probate is governed by Chapters 731 through 735 of the Florida Statutes, and the path your family takes depends on the size and structure of the estate. Our North Miami attorneys guide personal representatives through the process while protecting the value built over a professional career.

Formal Administration

Formal administration under Chapter 733 is the standard probate process for most estates of meaningful size. The court appoints a personal representative, who must generally be represented by a Florida attorney, issues letters of administration, and oversees the inventory of assets, notice to creditors, payment of valid claims, and distribution to beneficiaries. Creditors generally have a window to file claims after notice, and the personal representative must address them before distributing the estate. For a professional estate, valuing a practice interest and resolving any business debts are often the most demanding parts.

Summary Administration

Florida offers a faster, less expensive path called summary administration under Chapter 735. It is available when the value of the probate estate subject to administration is $75,000 or less, or when the decedent has been deceased for more than two years. Summary administration skips the appointment of a personal representative and can resolve a qualifying estate in weeks rather than months. Whether it is available depends on careful classification of which assets are part of the probate estate.

Assets That Skip Probate

Not everything passes through probate. Assets in a funded revocable trust, accounts with valid beneficiary or payable-on-death designations, jointly titled property with survivorship, and life insurance proceeds pass outside the process. Florida homestead also passes outside the probate estate and carries its own constitutional rules, which is one reason a well-built plan can keep most of an estate out of court entirely.

Homestead and Creditor Protection

Florida’s constitutional homestead protection shields the primary residence from most creditors and restricts how it can be devised when a spouse or minor child survives. Determining homestead status during probate affects both creditor exposure and who ultimately inherits the home, so it deserves attention early in the administration.

The Lady Bird Deed Alternative

Florida recognizes the enhanced life estate deed, commonly called a Lady Bird deed, which lets an owner keep full control of property during life while passing it automatically at death without probate. For many homeowners it is a simple, low-cost tool to keep a residence out of the probate process, though it should be coordinated with the rest of the plan rather than used in isolation.

Consult a Florida Attorney

This page is general information and not legal advice. Every probate turns on its specific facts, and Chapters 731 through 735 are detailed. If you are a personal representative or an heir, consult a licensed Florida attorney. Contact our North Miami office for guidance through Florida probate.