Probate Made
Understandable
Probate is the court-supervised process of settling an estate. It can feel overwhelming — but it doesn't have to be. Afterly™ provides plain-language guidance every step of the way.
Afterly™ provides non-legal information and guidance only. For legal advice, use our attorney referral network.
What Is Probate?
A simple explanation of what probate is, when it's required, and what to expect.
Probate is the legal process through which a deceased person's estate is administered. A court supervises the collection of assets, payment of debts, and distribution of what remains to heirs or beneficiaries.
Not all assets must go through probate. Life insurance policies with named beneficiaries, retirement accounts, jointly owned property with right of survivorship, and assets held in trusts typically pass directly — without court involvement.
Whether probate is required depends on the types of assets the deceased owned and how they were titled. Afterly™ can help you understand your specific situation and connect you with qualified probate attorneys.
Types of Florida Probate
Summary Administration
For estates valued under $75,000 or when the decedent has been deceased for more than 2 years. Simplified, faster process.
Formal Administration
For larger estates or when there are creditor issues, disputes, or complex assets. Full court supervision required.
Disposition Without Administration
For very small estates with no real property. The simplest form — no court appointment required.
Ancillary Administration
When a Florida resident owned property in another state, or a non-Florida resident owned property in Florida.
Florida Probate Process
The formal administration process in Florida follows these general steps.
File the Will
The original will must be filed with the county probate court within 10 days of learning of the death.
Petition for Administration
A petition is filed to open the estate and appoint a personal representative (executor).
Court Appointment
The court issues Letters of Administration, authorizing the executor to act on behalf of the estate.
Notify Creditors
Creditors must be notified and given 90 days to file claims against the estate.
Inventory Assets
A complete inventory of estate assets must be filed with the court within 60 days.
Pay Debts & Taxes
Valid creditor claims, estate expenses, and applicable taxes are paid from estate assets.
Distribute Assets
Remaining assets are distributed to beneficiaries according to the will or Florida intestacy law.
Close the Estate
A final accounting is filed and the court issues an order closing the estate.
Probate FAQs
Does everything go through probate?
No. Assets with named beneficiaries (life insurance, retirement accounts), jointly owned assets, and assets held in trusts generally pass outside of probate.
How long does probate take in Florida?
Formal administration typically takes 6–12 months. Summary administration can be completed in weeks. Complex estates may take longer.
Do I need an attorney for probate?
Florida law generally requires formal administration to be conducted by a licensed Florida attorney. Afterly™ can connect you with probate attorneys in our network.
What if there is no will?
When someone dies without a will (intestate), Florida's intestacy laws determine who inherits. A court will appoint an administrator rather than an executor.
Probate Navigation Workbook
A step-by-step workbook for navigating the Florida probate process. Includes timelines, checklists, document templates, and attorney referral guidance.
Meet Willow™ — Your Estate AI
Voice-activated estate guidance. Available 24/7 in the app and web platform.