If you have lost a loved one in Palm Beach and someone mentions “probate,” it can sound intimidating. In plain English, probate is the court-supervised process of proving a will (if there is one), paying valid debts, and transferring what remains to the right people. In Florida, this all happens under the Florida Probate Code (Chapters 731-735), and most Palm Beach cases are handled through the Probate Division of the Fifteenth Judicial Circuit.
The most useful way to understand probate is to compare your main options side by side. Not every estate takes the same path.
Option 1: Formal Administration
Formal administration is the full version of probate. A judge appoints a personal representative (Florida’s term for an executor), letters of administration are issued, heirs and creditors are notified, and the estate is settled under court oversight. It is the default for larger or more complicated estates, and it is what most people picture when they hear “probate.” For a Palm Beach family with a home, brokerage accounts, and a few outstanding bills, formal administration is often the correct route.
Option 2: Summary Administration
Summary administration is the faster, lighter alternative under Chapter 735. It is available when the value of the probate estate (excluding the protected homestead) is $75,000 or less, or when the person has been deceased for more than two years. There is no personal representative appointed; instead, the court enters an order distributing assets directly. Many Palm Beach estates that consist mainly of a homestead and modest accounts qualify, which can save months of time.
Option 3: Skipping Probate Entirely
The third option is to avoid court altogether. Probate only governs assets titled in the deceased person’s sole name with no built-in transfer mechanism. Several common arrangements pass outside probate:
- Property held in a Florida revocable living trust (Chapter 736)
- Accounts with payable-on-death or beneficiary designations, like life insurance and retirement plans
- Real estate transferred by a Lady Bird (enhanced life estate) deed
- Assets owned jointly with rights of survivorship
A Palm Beach resident who set up a trust or recorded a Lady Bird deed on a condo may move the property to heirs with little or no court involvement.
What Probate Does Not Cost You
One worry we can put to rest: Florida has no state estate tax and no inheritance tax. Whether your estate goes through formal or summary administration, the state does not take a cut. Probate has costs, but those are court fees and professional fees, not a death tax.
How a Valid Will Fits In
If there is a will, probate is how it gets honored. Florida requires a will to be signed by the testator and two witnesses under Section 732.502. If there is no valid will, Florida’s intestacy rules decide who inherits. Either way, the will does not transfer anything on its own; the court process does.
Talk to a Florida Attorney
Choosing between formal administration, summary administration, and a non-probate transfer depends on the exact assets, their titling, and the value involved. Because Florida probate has firm statutory requirements, it is worth speaking with a licensed Florida attorney familiar with the Palm Beach courts before you file anything. This article is general information, not legal advice.
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For more on our Florida practice, see our overview of probate and estate administration in Florida. Morgan Legal Group's affiliated New York office also handles .