Let Our Port St. Lucie Attorneys Guide You Through Florida Probate And Estate Administration
Last updated on June 3, 2026
Losing a loved one is never easy, and dealing with probate can feel overwhelming. At The Siegel Law Firm, P.A., we’re a family-run firm that understands how difficult this time can be. That’s why we’re here – to help your family navigate the probate process with compassion and skill. Whether you’re facing probate in Palm Beach, Martin County, St. Lucie or Indian River County, we make sure you understand every step and handle the legal complexities for you.
What Is Probate?
Simply put, probate is the legal process of transferring a person’s assets after they pass away. If they had a last will and testament, their assets would be distributed according to their wishes. If they did not have a will, Florida law determines who inherits through intestate succession (Florida Statute 732).
There are three main types of probate in Florida:
- Formal administration: Large or complex estates involve filing a petition with the court and appointing a personal representative. We know that probate can be time-consuming and confusing, which is why we have developed a detailed and streamlined process for handling formal administration. Our approach ensures an efficient and effective administration while keeping our clients informed every step of the way. From start to finish, Jason Siegel and our team work diligently to reduce delays and make the process as smooth as possible.
- Summary administration: If the estate’s nonexempt assets are valued at less than $75,000 or the decedent passed away more than two years ago, a summary administration may be possible. This is a quicker, more cost-effective option that typically takes one to two months. Exempt assets, such as the decedent’s homestead real estate, are not included in this calculation.
- Disposition without administration: For estates with minimal assets (such as covering funeral and medical expenses), Florida offers disposition without administration, which is the simplest form of probate. If you qualify, you may not even need an attorney, but we’re happy to answer any questions.
Our experienced Port St. Lucie probate lawyers can help you determine which one applies to your situation.
The Difference Between Probate And Estate Administration
Many people use the terms “estate administration” and “probate proceedings” interchangeably. However, they are actually distinct from one another.
Probate proceedings involve court supervision to ensure compliance with all relevant state laws and any testamentary instruments, such as wills, previously drafted by the deceased individual. Probate proceedings typically begin with the submission of a will to the courts, if one exists. The courts then empower a personal representative to manage the estate.
Probate proceedings may involve formal probate administration in cases where the deceased party owned valuable nonexempt property. Summary administration may be available in cases where the total estate resources are below the statutory threshold of $75,000. The entire process could require anywhere from a few months to well over a year.
Estate administration is a much broader process that encompasses not just probate proceedings but every aspect of managing an individual’s estate after they die. Many aspects of estate administration occur outside of court supervision, such as the filing of final tax returns and the final distribution of property.
Estate administration involves overseeing the transfer of nonprobate assets, such as joint bank accounts, where a surviving owner receives the deceased party’s interest in the account. Estate administration can also involve filing a claim against a life insurance policy that has clear beneficiary designations already submitted to the insurance provider.
In scenarios where the decedent owned a home jointly with another person, the transfer of ownership could occur outside of the probate process if they held title as joint tenants with rights of survivorship. If the decedent owned a valid Lady Bird deed in Florida upon their passing, the party named as the beneficiary in their deed can assume ownership and control over their property without probate.
Trust administration can also be part of estate administration if the decedent funded a trust before their passing. There are exceptions to this rule, however, as probate court oversight might be necessary if a pour-over requires the transfer of the residuary estate to the trust.
Questions And Answers About Probate In Florida
The process of probate in Florida can be complex, often introducing a myriad of questions and concerns. Understanding its key aspects can help ease the journey. Below, our Port St. Lucie probate attorneys address some of the most common questions about the Florida probate process.
What assets must go through probate in Florida?
Assets that are typically subject to probate include those solely in the decedent’s name. Examples to consider include real estate, bank accounts and various forms of personal property. Other nonprobate assets include those held in a trust, jointly owned property or accounts with designated beneficiaries (payable-on-death accounts, etc.).
With proper planning and legal guidance, it is possible to minimize the assets that are subject to probate.
How long does the probate process take in Florida?
The probate process usually varies from estate to estate, with the timeline typically depending on the complexity of the estate.
For instance, summary administration for smaller estates may take a few weeks to a few months. In contrast, formal administration, which is required for larger or more complex estates, can take six to 12 months but may extend to 18 months or more if disputes or creditor claims arise.
Factors like court caseload and the need to resolve disputes can significantly impact the timeline.
Is it possible to contest probate in Florida?
Yes, probate can be contested in Florida on specific grounds, such as improper execution of the will, lack of testamentary capacity, undue influence or fraud. To contest probate, an interested party must file a formal objection with the probate court. This process involves presenting evidence and may require legal representation for the most favorable outcome.
How do I find out if I’m named as a beneficiary in a Florida will?
To determine if you stand to inherit from an estate, you can contact the personal representative (executor) or the estate attorney handling the probate.
The beneficiaries of an estate are typically notified within 90 days of the will being submitted to probate. If you are unsure or have not been contacted, you can also check the probate court records in the county where the decedent resided, as wills become public records once filed with the court.
Who represents the deceased in the probate process?
In Florida, the individual or entity that represents the interests of a deceased person is called the personal representative. Other states use the terms executor or administrator. Whoever serves in this role is responsible for making sure the estate follows Florida law and the instructions left in the will. The Florida Bar recommends that representatives work with a qualified attorney who understands the rules of the probate court.
What are the duties of the personal representative?
The personal representative serves as the manager of the probate estate. Their responsibilities include:
- Managing the decedent’s affairs
- Identifying and inventorying assets
- Contacting creditors
- Settling debts
- Distributing assets to beneficiaries
- Filing tax returns
This role requires meticulous record-keeping and a commitment to acting in the best interest of the estate at every stage.
Let Our Family Help Yours
At The Siegel Law Firm, P.A., Jason Siegel, Stephen S. Siegel, and our team are committed to making probate as smooth and stress-free as possible. We understand that probate can feel overwhelming, but with our structured approach and clear communication, we ensure you always know what to expect.
Whether you’re in Jupiter, Port St. Lucie, Palm Beach Gardens, Stuart, Palm City or the surrounding areas, we’re ready to help. Let’s take the next steps together. Call us today in Jupiter at 561-680-4959 or in Port St. Lucie at 772-292-0780 to schedule a consultation. You can also contact us online.