The Complete Florida Probate & Estate Settlement Guide
Learn how probate works in Florida, what to expect after a loved one passes away, and the steps involved in settling an estate.
What Is Probate?
Probate is the legal process of administering a person's estate after they pass away.
Depending on the circumstances, probate may involve:
Validating a will
Identifying assets
Paying debts and taxes
Notifying creditors
Distributing property to beneficiaries
Closing the estate
The probate process is supervised by a Florida court to help ensure the estate is administered according to Florida law.
Does Every Estate Go Through Probate?
Not necessarily.
Some assets may pass directly to beneficiaries without going through probate, including:
Life insurance proceeds with named beneficiaries
Retirement accounts with designated beneficiaries
Jointly owned property with rights of survivorship
Certain trust assets
Payable-on-death (POD) or Transfer-on-Death (TOD) accounts
Whether probate is required depends on how assets are owned and titled.
Types of Probate in Florida
Summary Administration
Summary administration is generally available for smaller estates or when the decedent has been deceased for more than two years, provided certain legal requirements are met.
It is often faster and less expensive than formal administration.
Formal Administration
Formal administration is the standard probate process used for many estates.
The court appoints a personal representative to manage the estate and oversee the administration process.
What Is a Personal Representative?
A personal representative (sometimes called an executor in other states) is responsible for administering the estate.
Responsibilities may include:
Filing required court documents
Gathering assets
Paying valid debts
Working with financial institutions
Filing tax documents when required
Distributing assets
Closing the estate
Serving as a personal representative is an important legal responsibility.
Steps to Settling an Estate
While every estate is different, the process often includes:
1. Locate the Will
Identify the most recent valid will and other estate planning documents.
2. Gather Important Documents
Examples include:
Death certificates
Financial account statements
Insurance policies
Property deeds
Vehicle titles
Tax returns
3. Consult a Probate Attorney
Many estates benefit from working with a Florida probate attorney who can explain the legal requirements and guide the administration process.
4. Notify Financial Institutions and Government Agencies
This may include:
Banks
Investment firms
Social Security
Pension providers
Insurance companies
5. Secure the Property
If the estate includes a home, be sure to:
Change locks if appropriate
Maintain utilities
Continue basic maintenance
Protect valuables
Notify the homeowners insurance company
Arrange for lawn care and inspections if the home will be vacant
6. Pay Debts and Distribute Assets
The estate generally pays valid debts before assets are distributed according to the will or Florida law.
Common Mistakes to Avoid
Families often make avoidable mistakes during estate settlement, including:
Delaying probate when it's required
Failing to secure vacant property
Letting homeowners insurance lapse
Distributing assets before debts are resolved
Overlooking beneficiary designations
Forgetting to notify financial institutions
Misplacing important documents
Taking time to organize records early can make the process much smoother.
What Happens to Insurance After Someone Dies?
Insurance is often one of the first financial matters families should review.
Depending on the situation, this may include:
Filing life insurance claims
Notifying the homeowners insurance company
Updating automobile insurance
Reviewing umbrella policies
Protecting vacant properties
Updating insurance after property transfers
A home that becomes vacant after an owner's death may have different insurance needs, making it important to notify your insurance company as soon as practical.
Need Help Reviewing Insurance After a Loss?
Settling an estate often involves more than legal paperwork. Homes, vehicles, life insurance policies, and other valuable assets may all require insurance updates.
The advisors at Ted Todd Insurance can help you review existing policies, explain coverage considerations, and ensure the estate's insurance needs continue to be met during the transition.
Your Questions, Answered
-
Every estate is different. Some estates may be settled in a matter of months, while more complex estates can take significantly longer.
-
No. Certain assets pass directly to beneficiaries outside of probate, depending on how they are owned and whether beneficiary designations are in place.
-
In some cases, yes. Whether court approval is required depends on the circumstances of the estate and the authority granted to the personal representative.
-
The home should remain insured throughout the estate administration process. If the property becomes vacant or ownership changes, the insurance company should be notified to ensure appropriate coverage remains in place.
-
Contact the insurance company and submit the required claim forms along with a certified copy of the death certificate. Policies with named beneficiaries generally pay outside of probate.
-
Many Florida estates benefit from legal guidance, particularly when real estate, multiple beneficiaries, business interests, or creditor claims are involved.
-
Start with:
Death certificate
Will or trust documents
Insurance policies
Property deeds
Financial account statements
Vehicle titles
Tax records