Being named Personal Representative (PR) of a Florida estate is an honor — and a significant responsibility. You're legally obligated to manage the estate's assets, pay its debts, and distribute what remains to the heirs. And you're doing all of this while grieving.

Here's a clear, step-by-step guide to what the Florida probate court process actually looks like.

Before You Begin: Hire a Florida Probate Attorney

Florida law requires that a Personal Representative be represented by a licensed Florida attorney in formal probate proceedings. This isn't optional — it's a legal requirement.

A good probate attorney will handle the court filings, advise you on your duties and liabilities, and guide you through the entire process. Their fees are set by Florida statute and paid from the estate — not out of your pocket.

Step 1: Locate the Will and Death Certificate

Your first tasks are practical:

• Locate the original will. Probate courts require the original — not a copy. Check safe deposit boxes, home safes, and the decedent's attorney's office.
• Obtain certified copies of the death certificate. You'll need multiple certified copies — typically 8–10. Banks, financial institutions, and government agencies all require originals.
• Identify the estate's assets. Make a preliminary list of all assets: real property, bank accounts, investment accounts, vehicles, personal property.

Step 2: File the Petition for Administration

Your attorney files a Petition for Administration with the probate court in the county where the decedent lived. This petition:

• Identifies the decedent and date of death
• Lists the decedent's heirs and beneficiaries
• Identifies the proposed Personal Representative (you)
• Describes the estate's assets
• Requests the court to open the probate proceeding

The court will schedule a hearing (or in many cases, approve the petition without a hearing) and issue Letters of Administration — the document that officially authorizes you to act on behalf of the estate.

Timeline: 2–4 weeks from filing to receiving Letters of Administration.

Step 3: Notify Creditors

Florida law requires the Personal Representative to notify creditors of the probate proceeding. This is done in two ways:

Known creditors: You must send written notice directly to any creditor you know about — credit card companies, medical providers, mortgage lenders, etc.

Unknown creditors: You must publish a Notice to Creditors in a local newspaper for two consecutive weeks. This starts the 90-day creditor claim period.

Creditors have 90 days from the date of first publication (or 30 days from receiving direct notice, whichever is later) to file claims against the estate.

This 90-day period cannot be shortened. It is a hard legal requirement.

Step 4: Inventory and Appraise Estate Assets

Within 60 days of your appointment, you must file a formal Inventory with the court listing all estate assets and their fair market values.

Real property must be appraised by a licensed appraiser. Other assets (vehicles, jewelry, business interests) may also require professional appraisals.

The inventory is a public document — heirs and creditors can review it.

Step 5: Manage Estate Assets During Probate

While probate is pending, you are responsible for:

• Maintaining real property — paying taxes, insurance, utilities, and maintenance
• Managing financial accounts — collecting income, paying bills
• Protecting personal property — securing valuables, maintaining insurance
• Investing estate funds prudently

You have a fiduciary duty to the heirs — meaning you must act in their best interests, not your own. Mismanagement of estate assets can expose you to personal liability.

Step 6: Evaluate and Pay Creditor Claims

After the 90-day creditor period closes, you review all claims filed against the estate. You have the authority to:

• Accept valid claims and pay them from estate funds
• Reject invalid or inflated claims (creditors can then sue the estate)
• Negotiate disputed claims

Florida law establishes a priority order for paying claims. Secured creditors (mortgage lenders) are paid first, followed by funeral expenses, taxes, and then general unsecured creditors.

Important: You cannot distribute assets to heirs until all valid creditor claims are paid.

Step 7: File Tax Returns

The Personal Representative is responsible for filing:

• Final individual income tax return for the decedent (Form 1040)
• Estate income tax return if the estate generates income during administration (Form 1041)
• Federal estate tax return if the estate exceeds the exemption threshold (Form 706) — most estates don't reach this threshold

Work with a CPA to ensure all required returns are filed and taxes paid before distributing assets.

Step 8: Sell Real Property (If Applicable)

If the estate includes real property that needs to be sold, you'll need either:

• Authority from the will to sell without court approval, or
• A court order authorizing the sale

Once you have the appropriate authority, you can negotiate and sign a purchase contract on behalf of the estate. The deed is signed by you as Personal Representative.

Step 9: File the Final Accounting

Before the estate can be closed, you must file a Final Accounting with the court. This document shows:

• All assets received by the estate
• All income earned during administration
• All expenses paid (attorney fees, PR fees, taxes, creditor claims)
• The remaining balance available for distribution

Heirs review the accounting and can object if they believe it's inaccurate or that expenses were improper.

Step 10: Distribute Assets to Heirs

Once the court approves the Final Accounting, you distribute the remaining assets to the heirs according to the will (or Florida intestacy law if there's no will).

For cash assets, this means writing checks or wire transfers. For real property that wasn't sold, this means executing deeds transferring ownership to the heirs.

Step 11: Petition for Discharge

The final step is filing a Petition for Discharge with the court. This formally closes the probate proceeding and releases you from your duties as Personal Representative.

Once the court grants the discharge, the probate is complete.

How Long Does the Entire Process Take?

For a typical Florida estate with real property:

• Simple estate, no disputes: 6–9 months
• Average estate: 9–12 months
• Complex estate or disputes: 12–24+ months

The 90-day creditor period is the single biggest driver of the minimum timeline.

Your Liability as Personal Representative

The PR role comes with real legal exposure. You can be held personally liable for:

• Distributing assets before paying creditors
• Mismanaging estate assets
• Failing to file required tax returns
• Self-dealing (benefiting yourself at the expense of heirs)

This is why working with an experienced probate attorney is essential — not just legally required.

The Bottom Line

Florida probate is a structured legal process with specific requirements at each step. As Personal Representative, your job is to follow that process carefully, protect the estate's assets, and ultimately get the heirs what they're entitled to.

If the estate includes real property you're looking to sell, we work directly with Personal Representatives and probate attorneys throughout Florida. Reach out for a no-obligation cash offer — we'll work within your timeline and legal requirements.