Being named to settle a loved one’s estate in Palm Beach can feel overwhelming, especially while you are grieving. The good news is that the process follows a fairly predictable path. Here is a practical checklist in the form of the questions new personal representatives ask.
What is my first step?
Locate the original will and secure important documents and property. Florida law requires that the original will be deposited with the clerk of court in the county where the person lived, generally within ten days of learning of the death. Then identify whether probate is even needed, which depends on how the assets were titled. Solely owned assets typically require probate; jointly held property, beneficiary-designated accounts, and assets in a revocable trust often do not.
Do I need to open a probate case, and which kind?
If probate assets exist, you will likely choose between Florida’s two main paths. Summary administration is available for smaller estates or when enough time has passed, and it is quicker. Formal administration applies to larger or more complex estates and involves the court appointing a personal representative. An attorney can help determine which fits, and Florida generally requires a personal representative in a formal administration to be represented by counsel.
What happens once I’m appointed personal representative?
The court issues Letters of Administration, which are your legal authority to act. From there your core duties include: inventorying the estate’s assets and getting them valued as of the date of death; opening an estate bank account; and keeping careful records of everything you receive and spend. Florida holds personal representatives to a fiduciary standard, so good bookkeeping protects you.
How do I handle debts and creditors?
You must give proper notice to creditors, including publishing notice and serving known creditors directly. Creditors then have a limited statutory window to file claims. You review claims, pay the valid ones in the order Florida law sets, and object to those that are improper. Do not rush to distribute assets to family before this step; paying beneficiaries first and creditors later can create personal liability for you.
What about homestead and the surviving spouse?
Two Florida features deserve special attention. The homestead, protected under Article X, Section 4 of the constitution, follows its own rules and often passes outside the ordinary estate to protected heirs. A surviving spouse may also have rights such as the elective share under Section 732.2065 and related provisions, plus family and exempt property allowances. These can change who gets what, so flag them early.
Are there taxes to worry about?
Florida imposes no state estate tax and no inheritance tax, which simplifies things for many Palm Beach estates. You may still need to file the decedent’s final income tax return and, in larger estates, address federal filing requirements. Confirm the specifics with a tax professional.
How do I close the estate?
Once debts, expenses, and taxes are handled, you prepare a final accounting, distribute the remaining assets to the beneficiaries, obtain receipts, and petition the court to discharge you. That discharge formally ends your responsibilities and protects you going forward.
This article is general information about Florida law and is not legal advice. A personal representative’s duties carry real legal responsibility. Consult a licensed Florida probate attorney before settling an estate.
Those navigating these issues frequently work with morganlegalfl.com.
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For more on our Florida practice, see our overview of Florida probate administration. Morgan Legal Group's affiliated New York office also handles .
