When Does Formal Probate Apply?

Attorney Nicole

In Florida, the value of the estate determines what type of probate process will be used. Formal probate administration must be followed if the value of the estate is greater than $75,000 and the estate has commenced within two years of the decedent's death.

You can read below about common questions people have regarding this process, and we also encourage you to reach out to us online for further questions about your specific case.

Who Can Be A Personal Representative Of An Estate?

If you live in Florida, you can be a personal representative as long as you do not have a felony conviction. You do not have to be related by blood to the deceased.

If you live outside of Florida, you must be related to the deceased by blood to be a personal representative.

How Long Does Formal Probate Take?

The length of the process will depend on factors in your individual case, though you can expect it to last for at least four months. It can take longer if there are complex issues that need to be addressed such as a will contest or creditor claim issue. However, most probate proceedings can be finished quickly once creditors have their required notice.

What Are The Steps Of The Process?

The lawyer at The Law Office of Nicole C. Morris, P.A., can act as personal representatives or guide representatives through each step of the process, which includes:

  • Opening the estate: Appointing a personal representative, drafting and filing initial pleadings, and publishing a notice to creditors
  • Administering the estate: Filing an inventory, selling assets to pay creditors and distributing assets to beneficiaries
  • Closing the estate: Filing final federal income taxes and filing waivers and/or a formal accounting seeking to have the personal representative discharged

Our goal is to help you complete probate as quickly and cost-effectively as possible while meeting all of the legal requirements.

Schedule A Complimentary Probate Consultation

We provide a complimentary initial consultation to answer your questions about formal probate proceedings in Florida. Call 561-855-0348 or email us to schedule an appointment. We serve Palm Beach Gardens and families all over the country with loved ones in Florida.

The following flow chart shows the steps of formal probate:

Formal Administration Chart