Florida Probate is a process for determining how the distribution of assets, taxes, expenses, and claims are handled upon the passing of a person. There is a formal administration and a summary administration.


The formal administration is designed to handle the estates with a value over $75,000.00, or if there is no formal will.

The Court appoints a personal representative to handle the estate matters of:

  • paying the creditors,
  • selling any property, and
  • distributing assets.

Florida law requires the aid of an attorney to follow through with a probate process. An attorney represents the estate and has a duty to oversee the matters.

A personal representative also has a duty to follow through with the wishes of a decent as stated in the original will.


A summary administration is designed to handle estates under $75,000.00. It is a quicker process than a formal administration.

Trusts are designed to avoid the probate process after the demise of a grantor. If there is no formal will, the Court has the jurisdiction to decide who the beneficiaries will be and how the assets will be distributed.

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