Florida Probate is a court-supervised process for identifying and gathering the decedent's assets, paying taxes, claims and expenses, and distributing assets to beneficiaries. The Florida Probate Code is found in Chapters 731 through 735 of the Florida Statutes.
There are two types of probate administration under Florida law:
- Formal probate administration will typically be required when the Florida decedent has died within the past two years and the decedents property remaining in their sole name has a value in excess of $75,000.00, or a will directs formal administration.
- Summary probate administration may be filed when the decedent has been deceased for more than 2 years, was a Florida resident at the time of his or her death, or was a non-resident who owned Florida real estate.
Florida law also establishes a non-administration proceeding called "Disposition of Personal Property Without Administration."
Probate is necessary in order to transfer assets from the decedent's individual name to the proper beneficiary of the probate estate. Florida has had probate laws in force since becoming a state in 1845.