When someone passes away in Palm Beach, their assets generally settle through one of two channels: court-supervised probate or private trust administration. Understanding the difference helps families anticipate cost, timing, and how much of the process stays out of public view. This comparison walks through how each path works under Florida law.
What Probate Looks Like in Palm Beach County
Probate is the court process governed by Florida’s Probate Code (Chapters 731-735). It is administered through the Circuit Court in and for Palm Beach County. The personal representative named in the will is appointed by the court, must be represented by an attorney in most cases, and works under judicial oversight to inventory assets, notify creditors, and distribute what remains.
Florida offers two main forms. Formal administration is the standard route for larger or more complex estates. Summary administration is a streamlined option available when the probate estate is valued at $75,000 or less, or when the decedent has been deceased for more than two years. Many Palm Beach families with modest probate assets qualify for the faster summary track.
How Trust Administration Differs
If the decedent created a revocable living trust under Florida’s Trust Code (Chapter 736) and properly funded it during life, those assets bypass probate entirely. The successor trustee steps in and administers the trust privately, without filing the trust or an inventory in the public record.
Trust administration is not effortless. The trustee still must notify qualified beneficiaries, settle the decedent’s debts, address tax matters, and account for distributions. But because no judge supervises each step, the process is typically faster and quieter than probate, which appeals to Palm Beach residents who value discretion.
Privacy, Speed, and Cost Compared
Probate filings are public, so anyone can view the will and inventory at the Palm Beach County courthouse. Trust administration keeps those details private. On timing, a formal probate often runs many months, while a funded trust can frequently be wound up more quickly. Cost varies in both, but court-supervised probate adds filing fees and a longer attorney engagement.
Why Trusts Don’t Eliminate Everything
A common Palm Beach misconception is that a trust handles all assets. Property left outside the trust, with no beneficiary designation or survivorship feature, may still require probate. Tools like Lady Bird (enhanced life estate) deeds for homestead real estate and beneficiary designations on accounts can fill the gaps, but only if coordinated with the trust during the owner’s lifetime.
Which Path Fits Your Situation?
The right channel depends on what assets exist, how they are titled, and whether a trust was created and funded. Some Palm Beach estates use both: a trust for major holdings and a short summary administration to capture a stray account.
This article is general information, not legal advice. Florida probate and trust rules are detailed and fact-specific. Consult a licensed Florida attorney about your particular estate before acting.
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For more on our Florida practice, see our overview of probate in Palm Beach. Morgan Legal Group's affiliated New York office also handles .