How to Open a Probate Estate in Florida: A Step-by-Step Guide for Beneficiaries

To open a probate estate in Florida, an interested person files a petition for administration with the circuit court in the county where the decedent lived, deposits the original will (if one exists), and asks the court to appoint a personal representative. Once the judge signs the order and issues Letters of Administration, the estate is officially “open” and the personal representative has legal authority to gather assets, pay creditors, and eventually distribute what remains to the beneficiaries. The whole thing is governed primarily by Chapter 733 of the Florida Statutes and the Florida Probate Rules.

That is the short version. If you are a beneficiary waiting on a distribution, the longer version is what actually matters to you, because the speed and smoothness of opening the estate sets the tone for everything that follows. Below is how the process really works in Palm Beach County and across Florida, written from the perspective of someone who has shepherded a lot of these cases through the Probate Division.

What “Opening” a Probate Estate Actually Means

People use the phrase loosely. Legally, opening an estate means three things have happened: a petition has been filed, the court has appointed someone to run the estate (the personal representative, what other states call the executor), and that person has received Letters of Administration. Those Letters are the magic document. Until they exist, no bank, brokerage, or title company will release a dime, no matter how clearly the will names the heirs.

So when a beneficiary asks me, “Why can’t the bank just give my dad’s account to me, the will says it’s mine?” the honest answer is that a will is only a set of instructions. It has no force until a Florida court validates it and empowers a fiduciary to carry it out. Opening the estate is how that authority gets created.

First, Figure Out Which Type of Probate You Need

Florida is not one-size-fits-all. Before you file anything, you have to know which procedure fits the estate, because it determines the forms, the cost, and the wait. There are three common paths.

• Formal administration — the full process under Chapter 733. Required for most estates that exceed the small-estate limits or that have ongoing matters, like a wrongful-death claim or a contested will. This is what people usually mean by “regular probate.”
• Summary administration — a faster, lighter track under Chapter 735. Available when the probate estate (excluding the homestead and other exempt property) is worth $75,000 or less, or when the decedent has been dead more than two years. No personal representative is appointed; the court enters an order distributing assets directly.
• Disposition without administration — a rarely-used, very narrow option for tiny estates where the only assets were spent on final expenses and a modest amount of exempt property.

For a beneficiary, the practical takeaway is this: summary administration can close in a matter of weeks, while formal administration almost always runs several months because of the mandatory creditor period. If someone tells you a $400,000 estate with a house can be wrapped up in two weeks, be skeptical.

A Quick Word on Assets That Skip Probate Entirely

Not everything goes through this process. Jointly titled real estate with rights of survivorship, “payable on death” bank accounts, life insurance with a named beneficiary, and retirement accounts with a valid beneficiary designation all pass outside probate. If most of the estate is structured that way, you may need to open a much smaller probate, or none at all. I have had clients arrive braced for a year-long ordeal only to learn that a single stray brokerage account is the only thing requiring administration.

Step-by-Step: How a Florida Probate Estate Gets Opened

1. Locate and deposit the original will. Florida law requires the custodian of a will to deposit the original with the clerk of court in the county of the decedent’s domicile, within 10 days of learning of the death (Fla. Stat. § 732.901). A photocopy is not good enough without a special, harder court proceeding. This is the single most common snag I see: the original is “somewhere,” and nobody can find it.
2. Determine venue. The case is filed in the circuit court of the county where the decedent was a permanent resident. For our clients, that is the Palm Beach County Probate Division. If the decedent lived out of state but owned Florida property, an ancillary administration may be filed here instead.
3. Retain an attorney (in formal administration, this is required). Under the Florida Probate Rules, a personal representative in a formal administration generally must be represented by a Florida-licensed lawyer, with very limited exceptions where the PR is the sole interested person. This is not a sales pitch; it is a rule.
4. File the petition for administration. This is the document that opens the estate. Governed by Fla. Stat. § 733.202 and Florida Probate Rule 5.200, it identifies the decedent, the beneficiaries, the proposed personal representative, the will, and an estimate of the estate’s value. The original will and a certified death certificate are filed alongside it.
5. Address the personal representative’s qualifications. Florida is strict about who can serve. A non-resident generally cannot be personal representative unless they are a close relative (spouse, child, parent, sibling, or certain others) under Fla. Stat. § 733.304. Felons are disqualified. The court may also require a bond unless the will waives it.
6. The court issues Letters of Administration. Once the judge signs the order admitting the will to probate and appointing the PR, the clerk issues Letters. The estate is now open and the PR can act.
7. Serve the Notice of Administration. Under Fla. Stat. § 733.212, the PR must serve formal notice on beneficiaries and other interested persons. This triggers a three-month window in which someone can object to the will’s validity, the PR’s qualifications, venue, or jurisdiction. If you are a beneficiary, read this notice carefully; your rights have deadlines.
8. Publish and serve the Notice to Creditors. The PR publishes notice in a local newspaper and serves known creditors. Creditors then have a limited period (generally three months from first publication, or 30 days from service) to file claims under Fla. Stat. § 733.702. This creditor period is the main reason formal administration cannot be rushed.

Only after the estate is open, the creditor period has run, and valid claims and taxes are handled can the personal representative actually distribute assets to beneficiaries. That sequencing frustrates a lot of heirs, but it exists to protect the estate, and ultimately the beneficiaries, from getting clawed back later by a creditor who was paid too late or not at all.

What a Beneficiary Should Be Watching For

Because this site is written for people waiting on a distribution, here is where I focus client attention once the estate is open.

• Did you actually receive the Notice of Administration? If not, the clock on your objection rights may not have started, but it also means you are out of the loop. Ask the PR or their attorney for it.
• Is there an inventory? Within 60 days of issuance of Letters, the PR must file an inventory of estate assets (Fla. Stat. § 733.604). As a beneficiary you are entitled to a copy. This is your first real look at what the estate holds.
• Is the personal representative communicating? Silence is the number-one source of probate disputes. A PR has a fiduciary duty to the beneficiaries. Stonewalling is not just rude; it can be a breach.
• Are there grounds for partial distribution? In longer estates, beneficiaries can sometimes request an interim distribution before final closing, especially when a large, clearly solvent estate is held up by one unresolved issue.

How Long Does It Take, and What Does It Cost?

A clean summary administration can be granted in a few weeks once everything is filed. A typical uncontested formal administration in Palm Beach County usually runs six to nine months, driven mostly by the creditor period and the time it takes to liquidate assets. Add a contested will, a real-estate sale, or an estate tax return, and a year or more is realistic.

Attorney’s fees in formal administration are addressed by Fla. Stat. § 733.6171, which sets out a presumptively reasonable fee schedule based on the size of the estate, though attorneys and personal representatives can agree to a different reasonable arrangement. The point is that fees are not a black box; the statute gives you a benchmark.

It is also worth saying plainly that probate friction is rarely about Florida’s rules and almost always about facts: a missing original will, a feuding family, an out-of-state PR, or assets nobody can locate. Many of the are the same whether the courthouse is in West Palm Beach or Manhattan, which is why working with attorneys who handle estates day in and day out tends to shorten the timeline rather than lengthen it.

When Opening the Estate Turns Into a Fight

Sometimes opening the estate is the spark. A relative shows up claiming the will is forged, or that the decedent was unduly influenced, or lacked capacity. Florida lets interested persons object during that three-month notice window, and a formal will contest can follow. The mechanics of vary by state, but the core grounds, lack of capacity, undue influence, improper execution, and fraud, are broadly similar. If you sense a contest brewing, get counsel involved before the objection deadline, not after.

For Florida-specific representation, our firm’s handles both the routine and the contested matters from filing through final distribution. You can also review our overview of Florida probate procedure or learn more about wills and estate planning if you are trying to prevent these headaches for your own heirs.

Bottom Line

Opening a probate estate in Florida is not mysterious, but it is sequential and unforgiving of shortcuts. File the petition, deposit the original will, get the personal representative appointed, secure the Letters of Administration, and respect the notice and creditor periods. Do those things in order and the estate runs on rails. Skip a step and you create exactly the kind of delay that keeps beneficiaries waiting. If you are stuck on any part of it, reach out to a Palm Beach probate attorney before small problems calcify into expensive ones.

Frequently Asked Questions

Who can open a probate estate in Florida?

Any “interested person” can petition to open an estate under Fla. Stat. § 733.202, including a beneficiary, the person named as personal representative in the will, a surviving spouse, or an heir. The court ultimately decides who serves as personal representative, and Florida restricts out-of-state individuals to close relatives of the decedent under Fla. Stat. § 733.304.

How long do I have to file probate after someone dies in Florida?

Florida does not impose a hard statute of limitations to open probate, but the custodian of the original will must deposit it with the clerk of court within 10 days of learning of the death (Fla. Stat. § 732.901). Waiting also creates practical problems: assets can be frozen, and creditor and tax issues do not resolve themselves. If the decedent has been dead more than two years, the estate may qualify for the faster summary administration regardless of its value.

Do I need a lawyer to open a probate estate in Florida?

For a formal administration, yes, in almost all cases. The Florida Probate Rules require the personal representative to be represented by a Florida-licensed attorney, with a narrow exception when the personal representative is the sole interested person. Some summary administrations can be handled without counsel, but most people still use an attorney to avoid filing errors that cause delay.

What is the difference between summary and formal administration?

Summary administration (Chapter 735) is a streamlined process for estates of $75,000 or less in non-exempt assets, or when the person has been dead more than two years; no personal representative is appointed and it can close quickly. Formal administration (Chapter 733) is the full process for larger or more complex estates, involves appointing a personal representative, and typically takes several months due to the mandatory creditor period.

As a beneficiary, when will I actually receive my distribution?

Not until the estate is opened, the creditor claim period has run (generally three months from first publication of the notice to creditors), and valid claims, expenses, and taxes are paid. In an uncontested formal administration that usually means roughly six to nine months. Beneficiaries are entitled to the estate inventory within 60 days of the Letters being issued, and in large, clearly solvent estates an interim partial distribution is sometimes possible before final closing.