How to Open a Probate Estate in Florida: A Step-by-Step Guide

To open a probate estate in Florida, you file a petition for administration in the circuit court of the county where the decedent lived, along with the original will (if one exists) and a certified death certificate. The court then appoints a personal representative and issues “letters of administration,” which give that person legal authority to gather assets, pay debts, and distribute what remains. Most estates proceed through either formal or summary administration under Chapter 733 and Chapter 735 of the Florida Statutes.

That is the short version. The longer version matters, because in Palm Beach County we see estates stall for months over avoidable mistakes: filing in the wrong county, naming a personal representative who isn’t legally qualified, or starting probate when the assets didn’t actually need it. This guide walks through how to open a Florida probate estate the right way, and flags the friction points that turn a clean three-month process into a contested one.

What “opening” a probate estate actually means

Probate is the court-supervised process of settling a deceased person’s affairs. Opening the estate is the front end of that process: you ask a judge to recognize the death, validate the will if there is one, and appoint someone with authority to act. Until letters of administration are issued, no one—not the named executor, not the closest heir—has legal power to sell the house, close the bank account, or pay the funeral home from estate funds.

In Florida, probate is governed primarily by Chapter 733 (administration of estates) and Chapter 731 (general definitions and provisions), with the Florida Probate Rules supplying the procedural mechanics. Property titled solely in the decedent’s name, with no beneficiary designation and no surviving joint owner, is what typically forces a probate. Jointly held property with rights of survivorship, payable-on-death accounts, and assets held in a living trust usually pass outside probate entirely.

Do you even need to open probate? Three paths

Before you file anything, figure out which track your estate belongs on. Florida recognizes more than one route, and choosing wrong wastes time and money.

• Formal administration — the standard, full process under Chapter 733. Required when the probate estate exceeds $75,000 in non-exempt assets, or when there are complications such as contested claims, unknown creditors, or a personal representative who needs broad authority. A licensed Florida attorney is required.
• Summary administration — a streamlined process under Chapter 735, available when the non-exempt estate value is $75,000 or less, or when the decedent has been dead for more than two years (regardless of value). There is no personal representative appointed; the court enters an order distributing assets directly.
• Disposition without administration — not really “probate” at all. It applies to very small estates where assets are limited to exempt property plus the cost of final illness and funeral expenses. You petition to be reimbursed without a full proceeding.

Most families who walk into our office assume they need full formal administration. Roughly a third don’t. If you’re unsure where your situation lands, our Florida probate overview breaks down the thresholds in more detail, or you can simply reach out for a case assessment.

Step 1: Confirm the right county and court

Venue matters. Under Florida Statutes § 733.101, probate is opened in the county where the decedent was domiciled at death. For a Palm Beach County resident, that means the Probate Division of the Fifteenth Judicial Circuit. If the decedent lived out of state but owned Florida real property, venue lies in the county where that property sits. Filing in the wrong court doesn’t void the case, but it invites a motion to transfer and delays everything.

Step 2: Locate and lodge the original will

If the decedent left a will, Florida law (§ 732.901) requires that the custodian deposit the original with the clerk of court within ten days of learning of the death. Note the word original. A photocopy can sometimes be admitted, but it triggers a heavier evidentiary burden and is a common trigger for will contests. If you only have a copy and the original can’t be found, the law presumes the decedent may have revoked it—a presumption you’ll have to overcome with proof.

This is also where guardianship history becomes relevant. When a person was under a guardianship before death, the will and any estate-planning documents executed during incapacity draw scrutiny. We frequently handle will validity questions that arise precisely because the testator’s capacity was already in the court record. Transitioning a contested guardianship into a clean probate is its own discipline, and it starts with getting the will lodged and authenticated correctly.

Step 3: Choose a qualified personal representative

The personal representative (Florida’s term for executor or administrator) is the person the court empowers to run the estate. Florida is unusually strict about who qualifies. Under § 733.302 and § 733.304, an individual personal representative must be either:

1. A Florida resident, regardless of relationship to the decedent; or
2. A non-resident who is a spouse, sibling, parent, child, or other close relative (or the spouse of such a relative), or an adopted child or adoptive parent of the decedent.

A non-resident friend, business partner, or distant connection cannot serve. Neither can someone who has been convicted of a felony, nor a minor, nor anyone mentally or physically unable to perform the duties. If the will names a person who turns out to be disqualified, the court looks to the statutory order of preference instead. Getting this wrong at the petition stage means re-filing.

Step 4: Prepare and file the petition for administration

The petition for administration is the document that formally opens the estate. It identifies the decedent, the heirs and beneficiaries, the approximate value and nature of the assets, and the proposed personal representative. Filed alongside it you’ll typically include:

• The original will and any codicils (if testate);
• A certified copy of the death certificate—often with the cause-of-death portion redacted for the public file;
• An oath of personal representative and a designation of resident agent;
• If required, a bond, unless waived by the will or the court.

In formal administration, Florida Probate Rule 5.030 requires that the personal representative be represented by an attorney, except in the narrow case of a sole-interested personal representative. This isn’t bureaucratic gatekeeping—the personal representative owes fiduciary duties to creditors and beneficiaries, and missteps create personal liability.

Step 5: Letters of administration and the order admitting the will

Once the court is satisfied the petition is complete and the will (if any) is valid, the judge enters an order admitting the will to probate and issues letters of administration. These letters are the personal representative’s badge of authority. Banks, title companies, and brokerage firms will ask to see a certified copy before they’ll release anything. From this point, the representative can open an estate account, marshal assets, and begin the creditor process.

Step 6: Notice to creditors and the claims period

After appointment, the personal representative publishes a Notice to Creditors and serves known or reasonably ascertainable creditors directly, under § 733.2121. Creditors generally have three months from first publication, or thirty days from being served, to file a claim—whichever is later. This claims window is one reason even a simple formal administration rarely closes in under five to six months. Distributing too early, before the creditor period runs, is a classic way for a personal representative to incur personal exposure.

How Florida probate compares to other states

Families that own property in more than one state often deal with parallel proceedings. The mechanics differ. New York, for example, distinguishes between probate (for estates with a will) and administration (for those without), with its own qualification rules and a Surrogate’s Court rather than a circuit court. If your matter touches New York, Morgan Legal’s overview of the is a useful primer, and their explanation of the shows how the thresholds and labels shift across state lines. For Florida-specific matters, the firm’s covers local procedure.

Common mistakes that delay opening an estate

• Starting probate when none is needed. If everything passed by beneficiary designation, joint title, or trust, you may have nothing to administer.
• Filing in the wrong county. Domicile, not where the death occurred, controls venue.
• Naming a disqualified personal representative. Out-of-state non-relatives and felons cannot serve.
• Losing the original will. A missing original invites a revocation presumption and a possible contest.
• Ignoring a prior guardianship. Capacity questions from a guardianship file frequently resurface in probate.

When the estate is likely to be contested

Not every probate is quiet. Where there was a contested guardianship before death, a recently changed will, a disinherited heir, or a personal representative whom other beneficiaries distrust, the opening petition can draw an immediate challenge. In those cases, how you file the very first documents shapes the litigation that follows. Lodging the original will promptly, documenting the personal representative’s qualifications, and giving proper notice to all interested persons all build the record you’ll lean on if a fight develops. If you anticipate friction, it’s worth involving a probate litigator before you file, not after.

Bottom line

Opening a probate estate in Florida is a defined sequence: confirm the right administration track, file in the decedent’s home county, lodge the original will, qualify a proper personal representative, file the petition, obtain letters of administration, and run the creditor period. Each step has a statutory basis and a corresponding way to go wrong. For a straightforward summary administration, families can sometimes move quickly. For formal administration—and especially for estates emerging from a contested guardianship—experienced counsel keeps the case from derailing at the threshold.

Frequently Asked Questions

How long do you have to open probate after someone dies in Florida?

Florida sets no strict deadline to open formal administration, but the custodian of a will must deposit the original with the clerk within ten days of learning of the death under § 732.901. Practically, waiting creates problems: assets can be frozen, creditor and tax issues compound, and if you wait more than two years, the estate may qualify only for summary administration. It’s best to start within a few weeks.

How much does it cost to open a probate estate in Florida?

Costs include the court filing fee (a few hundred dollars), publication of the Notice to Creditors, and attorney’s fees. Florida Statute § 733.6171 sets out a presumptively reasonable fee schedule for formal administration based on estate value, though attorneys and clients can agree to a different reasonable arrangement. Summary administration generally costs less because it is simpler and shorter.

Can I open a Florida probate estate without a lawyer?

For formal administration, no. Florida Probate Rule 5.030 requires the personal representative to be represented by an attorney unless the representative is the sole interested person. Summary administration and disposition without administration can sometimes be handled without counsel, but most people still use an attorney to avoid filing errors that delay the case.

What is the difference between formal and summary administration?

Formal administration is the full, attorney-required process under Chapter 733, used for estates over $75,000 in non-exempt assets or with complications. Summary administration under Chapter 735 is a faster process for estates of $75,000 or less, or when the person has been deceased more than two years. Summary administration appoints no personal representative; the court orders distribution directly.

Does a will avoid probate in Florida?

No. A will is the instruction the probate court follows, not a way around it. Assets titled solely in the decedent’s name still pass through probate even with a valid will. To avoid probate, assets must transfer by another mechanism, such as a living trust, joint ownership with survivorship, or a beneficiary or payable-on-death designation.