A Checklist for Settling an Estate in Palm Beach, FL: Comparing the Steps

Being named personal representative of a Palm Beach estate can feel overwhelming. Florida’s Probate Code lays out a clear sequence, but the steps you actually follow depend on whether the estate qualifies for summary administration or requires formal administration. Use this checklist, and note where the two paths diverge.

Step 1: Locate the Will and Death Certificate

Under Florida law, the original will must be deposited with the clerk of court in the county of residence, usually Palm Beach County, within ten days of learning of the death. Order certified death certificates early; banks and the court will ask for them.

Step 2: Choose the Administration Track

This is the pivotal decision. Summary administration is available when the probate estate is worth $75,000 or less, or the person has been deceased more than two years. Formal administration is required for larger estates and whenever an active personal representative is needed to manage assets, sue, or sell property. Comparing the two early shapes everything that follows.

Step 3: Open the Estate

For formal administration, petition the Palm Beach court to appoint the personal representative, who receives Letters of Administration, the document that proves authority to act. Summary administration skips the appointment of an ongoing representative and instead asks the court to enter an order distributing assets directly.

Step 4: Identify and Protect Assets

Inventory bank and brokerage accounts, vehicles, personal property, and real estate. Determine which assets are actually probate assets and which pass outside court, such as POD accounts, trust property, or a Lady Bird deeded home. Secure the Palm Beach residence and keep insurance active.

Step 5: Handle Creditors

In formal administration, the representative publishes a Notice to Creditors and serves known creditors; claims are generally due within three months of first publication. This creditor process is a major reason families choose formal administration even when not strictly required, because it cuts off late claims. Summary administration offers less creditor protection unless a notice is published.

Step 6: Address the Family’s Rights

Florida protects survivors through homestead under Article X, §4, the surviving spouse’s elective share under §732.2065, and family and exempt-property allowances. These rights can override the will, so confirm them before distributing anything.

Step 7: Pay Expenses, Then Distribute

Pay valid debts, final expenses, and administration costs. Florida levies no state estate or inheritance tax, so there is no state death-tax return. Once obligations are settled, distribute the remaining assets to the beneficiaries.

Step 8: Close the Estate

In formal administration, file the final accounting and a petition for discharge to release the personal representative. In summary administration, the distribution order itself effectively closes the matter.

Comparing the Two Checklists

Summary administration is shorter, cheaper, and skips appointment and ongoing duties, ideal for small or aged Palm Beach estates. Formal administration is longer but gives the representative real authority and a clean creditor cutoff. The right choice depends on estate size, debts, and whether anyone must actively manage property.

Consult a Florida Attorney

Every Palm Beach estate has its own mix of assets, debts, and family rights. A Florida probate attorney can confirm which track fits and keep the personal representative from personal liability for missed steps.