Florida Probate Administration

Your Parent Passed Away. Now There's an Estate to Settle. Here's What Happens Next.

Florida probate doesn't have to be the ordeal people fear. Knowing which process applies to your situation — and having the right guidance through it — makes the difference between a process that drags and one that moves.

When someone dies owning assets in their name alone, those assets generally cannot be transferred to heirs without going through the Florida probate process first. Probate is the court-supervised legal process that validates the deceased person's will, appoints someone to administer the estate, settles outstanding debts and taxes, and distributes remaining assets to the rightful beneficiaries.

In Florida, probate is governed by the Florida Probate Code under Chapter 733 of the Florida Statutes. The process varies significantly depending on the size of the estate, how assets are titled, and whether the deceased left a valid will. Some estates qualify for a streamlined process that can be completed in weeks. Others require formal court administration that unfolds over months.

The Law Office of Robyn L. Lesser, P.A. guides families, personal representatives, and beneficiaries through Florida probate administration from initial filing through final distribution. The firm handles probate matters statewide from its Orlando office, and Robyn works with clients directly throughout the process.

Who This Applies To

Formal Administration vs. Summary Administration  Which Applies to You?

• Formal administration is required when the estate's non-exempt assets exceed $75,000 or when the person passed away fewer than two years ago. It involves appointing a personal representative, notifying creditors, filing an inventory, and completing a structured court process that typically takes six months to a year or longer for contested matters.
  

• Summary administration is available for estates with non-exempt assets of $75,000 or less, or when the person passed away more than two years ago. It is a shorter, less expensive process that does not require appointing a personal representative and can often be completed in a matter of weeks.
  

Most families don't know which process applies until they sit down with an attorney and review the assets. That assessment happens early in the first consultation.

Formal Administration

For estates that require full court administration, including appointment of a personal representative, creditor notification, and structured asset distribution under Florida law.

Summary Administration

For qualifying estates where a streamlined process is available, reducing both time and cost compared to formal administration.

What Probate Is and When Florida Requires It

When someone dies owning assets in their name alone, those assets generally cannot be transferred to heirs without going through the Florida probate process first. Probate is the court-supervised legal process that validates the deceased person's will, appoints someone to administer the estate, settles outstanding debts and taxes, and distributes remaining assets to the rightful beneficiaries.

In Florida, probate is governed by the Florida Probate Code under Chapter 733 of the Florida Statutes. The process varies significantly depending on the size of the estate, how assets are titled, and whether the deceased left a valid will. Some estates qualify for a streamlined process that can be completed in weeks. Others require formal court administration that unfolds over months.

If your parent passed away and left a house, a bank account, or other assets titled in their name alone, probate is almost certainly required before those assets can be transferred or sold. Not every asset requires probate — accounts with named beneficiaries, jointly held property with right of survivorship, and assets held in a living trust typically pass outside of the probate process. For everything else, Florida law requires court supervision before ownership can transfer.

The Law Office of Robyn L. Lesser, P.A. guides families, personal representatives, and beneficiaries through Florida probate administration from initial filing through final distribution. The firm handles probate matters statewide from its Orlando office.

What a Personal Representative Must Do

Being named as personal representative in a will is not an honorary title. Under Florida law, a personal representative has specific statutory obligations that carry real legal consequences if mishandled.

Those obligations include filing the will with the probate court, notifying known and reasonably ascertainable creditors, publishing a notice to creditors, filing an inventory of estate assets, paying valid debts and expenses, filing any required tax returns, and making final distributions to beneficiaries in accordance with the will or Florida's intestate succession laws.

Failure to follow proper procedure exposes the personal representative to personal liability. This firm guides personal representatives through every step of that process, handles the court filings and creditor communications, and provides clear guidance on obligations and timing so nothing falls through the cracks.

Concerns We Hear Most Often

Addressing the Objections Families Raise Before Calling

These concerns come up in nearly every initial conversation. They are worth addressing directly.

"Probate is too expensive."

The cost of probate in Florida depends on the type of administration, the complexity of the estate, and whether disputes arise. Summary administration is significantly less expensive than formal administration. Attorney fees in Florida probate are governed by statute and are based on the value of the estate — they are not arbitrary. In the first consultation, you will get a clear picture of what the process is likely to cost before committing to anything.

"It takes forever."

Summary administration can be completed in weeks. Formal administration typically takes six months to a year for straightforward estates. Contested estates take longer, but that timeline is driven by the dispute, not the process itself. Knowing which type applies to your situation, and having experienced counsel moving the matter through the court efficiently, makes a significant difference in how long it takes.

"I can handle this without an attorney."

Florida law permits personal representatives to proceed without an attorney in limited circumstances, but the procedural requirements are specific, the deadlines are real, and the exposure for getting it wrong falls on the personal representative personally. Most families who start without an attorney end up needing one anyway, often at a more difficult and costly stage. An early consultation costs far less than correcting a procedural mistake later.

What to Expect When You Contact This Firm

A member of the team will reach out to learn the basics of your situation. You will then receive a client intake form to fill in and return with the details of your case. If your matter falls within the firm's practice areas, a consultations are available by phone, virtually, or in person at the Orlando office.

The firm handles probate administration statewide across Florida, serving clients in Orange County and throughout the state, including Seminole County, Osceola County, Broward County, Miami-Dade County, Hillsborough County, Pinellas County, Lee County, Brevard County, and the Jacksonville area.

Orlando Probate & Fiduciary Litigation Practice

The Law Office of Robyn L. Lesser, P.A. is an Orlando probate attorney practice serving families and personal representatives throughout Florida. Robyn L. Lesser is a member of the Florida Bar — Real Property, Probate and Trust Law Section — and the Orange County Bar Association, a former assistant state attorney, and a volunteer with the VALOR Project legal aid initiative. The firm has focused on probate administration and fiduciary and trust litigation since 2015.