Florida Probate Administration West Palm Beach

When a Palm Beach retiree passes away, the family is often left to settle an estate that spans two states. Florida probate is the court-supervised process of validating a will, paying debts, and distributing what remains. It is governed by the Florida Probate Code, Chapters 731 through 735. We guide families through it and, just as often, design plans that keep assets out of it altogether.

Formal Administration

Formal administration is the standard probate process in Florida, governed largely by Chapter 733. The court appoints a personal representative, who gathers the assets, notifies creditors, pays valid debts and taxes, and distributes the remainder to beneficiaries. Formal administration is generally required when the estate’s probate assets exceed the threshold for the simpler summary process or when the death occurred within the last two years and other conditions are not met.

Summary Administration

Florida offers a streamlined process called summary administration under Chapter 735. It is available when the value of the probate estate, excluding exempt property such as homestead, does not exceed seventy-five thousand dollars, or when the person has been deceased for more than two years. Summary administration is faster and less expensive because no personal representative is appointed. We evaluate whether your loved one’s estate qualifies.

Disposition Without Administration

For very small estates, Florida allows an even simpler path. When the only assets are exempt property and modest amounts that do not exceed the final expenses of the last illness and funeral, the court may permit disposition without administration, avoiding formal probate entirely.

Ancillary Probate for Out-of-State Owners

Snowbirds raise the reverse situation too: a person who lived up north but owned a Palm Beach condo. When a non-resident dies owning Florida real estate, an ancillary administration is opened in Florida to transfer that property, even though the main probate happens in the home state. We handle Florida ancillary probate for families and out-of-state attorneys, and we plan ahead to avoid it where possible.

Homestead in Probate

Florida homestead receives special treatment in probate. It generally passes outside the probate estate and is protected from most creditors, but it is also subject to constitutional restrictions on who may inherit it when a spouse or minor child survives. Determining the homestead status of a property is one of the first things we examine in any estate.

How We Help Families

We serve as counsel to personal representatives, prepare and file the required petitions, manage creditor notice periods, and resolve disputes when they arise. Our goal is to move the estate through the appropriate process, summary or formal, as efficiently as Florida law allows, so the family can move forward.

Consult a Florida Attorney

Every estate is different, and choosing the wrong administration path causes delay and expense. This page is general information, not legal advice. Please consult a licensed Florida attorney about the specific estate you are settling.