How to Open a Probate Estate in Florida: A Step-by-Step Guide for Beneficiaries

To open a probate estate in Florida, you file a petition for administration in the circuit court of the county where the decedent lived, along with the original will (if one exists) and a certified death certificate. The court then appoints a personal representative who receives “letters of administration,” the legal authority to gather assets, pay debts, and distribute what remains to the beneficiaries. That sentence sounds tidy. In practice, the path from filing to distribution has more turns than most families expect, and beneficiaries are often the last to understand what is actually happening to their inheritance.

I’ve spent years walking families through this process, and the questions I hear most often come from beneficiaries who are waiting — sometimes patiently, sometimes not — for money or property they were promised. This guide explains how a Florida estate actually gets opened, who controls it, and where the delays come from, so you know what to ask and when to push.

What “Opening” a Probate Estate Really Means

Opening probate is not the same as finishing it. Opening is the front-end act: someone (usually a named executor, a beneficiary, or a creditor) asks the court to recognize that a person has died and that their affairs need formal handling. Until the court issues letters of administration, no one has the legal power to touch a bank account, sell a house, or write a check from estate funds. That is why the opening step matters so much — nothing else can legally happen before it.

Florida runs probate through the circuit courts, and the controlling law is Chapter 733 of the Florida Statutes, supplemented by the Florida Probate Rules. Two main forms of administration exist:

• Formal administration — the standard process for most estates, governed by Fla. Stat. §§ 733.201 and following. A personal representative is appointed and supervised by the court.
• Summary administration — a streamlined option under Fla. Stat. § 735.201, available when the estate (excluding exempt property) is worth $75,000 or less, or when the decedent has been dead for more than two years. No personal representative is appointed.

There is also a no-administration shortcut, the “disposition of personal property without administration,” for very small estates with no real property — but that is rare and limited. For the rest of this guide, I’ll focus on formal administration, because that’s what most beneficiaries find themselves living through.

Step 1: Confirm Where the Estate Should Be Opened

Venue matters. The estate is opened in the county where the decedent was domiciled at death — meaning their true, fixed, permanent home. For a Florida snowbird who claimed Florida residency, that’s usually a Florida county. But domicile fights happen, especially with people who split time between Florida and New York. If a parent spent winters in Boca but kept a home, a driver’s license, and a doctor up north, the question of whether the estate belongs in Florida or in a New York surrogate’s court can become its own dispute. These cross-border situations are common, and they’re one reason families with ties to both states often coordinate with counsel in each. If your loved one’s estate spans jurisdictions, it’s worth understanding before you assume which court controls.

Step 2: Locate the Original Will and the Death Certificate

Florida requires the original will, not a copy. Under Fla. Stat. § 732.901, the will custodian must deposit the original with the clerk of court within 10 days of learning of the death. A photocopy can sometimes be admitted, but it triggers a presumption that the testator destroyed it — a presumption that has to be overcome with evidence, and that fight delays everything.

You’ll also need a certified death certificate. Order several copies; banks, title companies, and the IRS will each want their own. If you’re a beneficiary and you don’t know where the original will is, that’s the first thing to chase down. An estate cannot move forward on a will nobody can produce.

Step 3: File the Petition for Administration

This is the formal act of “opening.” The petition for administration (Fla. Stat. § 733.202) is filed with the circuit court and typically includes:

1. The decedent’s name, date of death, and county of domicile.
2. The petitioner’s interest in the estate (executor, beneficiary, or creditor).
3. The names and addresses of the beneficiaries and, if any, surviving spouse.
4. An estimate of the value and nature of the estate’s assets.
5. A statement of who should be appointed personal representative.

Along with the petition, the proposed personal representative usually files an oath, a designation of resident agent, and an application showing they qualify. Florida is strict about who can serve: under Fla. Stat. § 733.302–733.304, a personal representative must generally be a Florida resident, or — if a non-resident — a close relative such as a spouse, child, parent, or sibling. A non-relative who lives in New York, for example, cannot serve. Families routinely discover this only after they’ve assumed the out-of-state child would handle everything.

Step 4: The Court Appoints a Personal Representative and Issues Letters

If the will names an executor and that person qualifies, the court will normally honor the choice. If there’s no will, Florida’s statute of preference (Fla. Stat. § 733.301) governs: the surviving spouse has first priority, then the person selected by a majority of the beneficiaries, then the heir nearest in degree.

Once appointed, the personal representative receives letters of administration — the court order that proves their authority to act. From a beneficiary’s standpoint, this is the moment the estate becomes “real.” Now someone can open an estate bank account, collect assets, and begin the work that eventually leads to your distribution.

Step 5: Notice to Creditors and the Waiting Period

Here is where beneficiaries’ patience is most often tested. After appointment, the personal representative must publish a notice to creditors and serve known creditors directly (Fla. Stat. § 733.701–733.702). Creditors then have a window to file claims — generally three months from the first publication, or 30 days from being served, whichever is later.

The estate generally cannot make final distributions until that creditor period closes and valid claims are resolved. So if you’re a beneficiary wondering why nothing has been paid out three weeks after the will was filed, this is usually the reason: the law deliberately keeps the door open for creditors before it lets heirs collect. It’s frustrating, but it protects the estate — and you — from being clawed back later for a debt that surfaced too late.

Step 6: Inventory, Administration, and Distribution

Within 60 days of appointment, the personal representative must file an inventory of the estate’s assets (Fla. Probate Rule 5.340). Then comes the real labor: valuing property, paying valid debts and taxes, handling any homestead or elective-share issues for a surviving spouse, and resolving disputes. Only after debts and expenses are settled does distribution to beneficiaries occur, followed by a final accounting and the closing of the estate.

A typical uncontested Florida formal administration runs six months to a year. Contested estates — will challenges, fights over the personal representative, creditor litigation — can stretch well beyond that.

When Things Go Wrong: Contests and Disputes

Not every estate opens smoothly. A beneficiary or heir who believes the will is invalid — because of undue influence, lack of capacity, or improper execution — can file an objection. The mechanics of challenging a will differ by state, and the strategy you’d use in a New York surrogate’s court isn’t identical to Florida practice; if your family’s situation crosses state lines, it helps to understand so you can compare approaches with your attorney. In Florida specifically, will-contest deadlines are short and unforgiving once formal notice of administration is served, so a beneficiary who suspects a problem should act fast rather than wait and see.

What Beneficiaries Should Do While the Estate Is Open

If you’re a beneficiary, you are not powerless during administration. You have the right to receive formal notice, to see the inventory and accountings, and to object to a personal representative who isn’t doing their job. A few practical moves:

• Confirm you were properly served with the notice of administration — your objection deadlines run from that date.
• Ask for the inventory if you haven’t received it within the first couple of months.
• Keep records of any communications about the estate’s assets and timeline.
• Get your own counsel if the personal representative is unresponsive, self-dealing, or stalling — the estate’s lawyer represents the personal representative, not you.

For families dealing with Florida property or Florida-domiciled relatives, our colleagues at the Florida probate practice handle these administrations day in and day out. And if your matter also touches New York — a co-owned apartment, a New York will, an out-of-state heir — you’ll want counsel who can bridge both systems.

You can also review our overview of Florida probate administration for a deeper look at timelines and costs, or read about wills and estate planning if you’re trying to prevent these headaches for your own family. When you’re ready to talk through a specific estate, reach out to our team and we’ll tell you, honestly, where you stand.

The Bottom Line

Opening a Florida probate estate is a sequence, not a single event: confirm venue, secure the original will and death certificate, file the petition for administration, get the personal representative appointed and the letters issued, clear the creditor period, and only then distribute. Each step exists for a reason, and most of the waiting that frustrates beneficiaries is built into the law on purpose. Understanding the order of operations won’t make probate fast — but it will tell you whether your estate is moving the way it should, and when it’s time to ask harder questions.

Frequently Asked Questions

How long does it take to open a probate estate in Florida?

Opening the estate — filing the petition and getting the personal representative appointed with letters of administration — can take a few weeks to a couple of months depending on the court’s backlog and whether the will is uncontested. Completing the full administration usually takes six months to a year because of the mandatory creditor notice period and the steps for paying debts before beneficiaries can be paid.

Who can serve as the personal representative of a Florida estate?

Under Florida Statutes §§ 733.302–733.304, the personal representative must be at least 18, mentally and physically able to serve, and either a Florida resident or a close relative of the decedent (spouse, child, parent, sibling, or certain other relatives). A non-resident who is not a close relative cannot serve, which surprises many out-of-state families.

Do I need the original will to open probate in Florida?

Yes. Florida requires the original will, and the custodian must deposit it with the clerk of court within 10 days of learning of the death (Fla. Stat. § 732.901). A copy can sometimes be admitted, but it raises a legal presumption that the testator destroyed the will, which must be overcome with evidence and can significantly delay the case.

Why can't beneficiaries be paid right after probate opens?

Florida law requires the personal representative to publish a notice to creditors and allow a claims period — generally three months from first publication — before making final distributions. This protects the estate from later claims. Beneficiaries typically receive their inheritance only after valid debts, taxes, and expenses are resolved.

What is summary administration, and could it apply to my estate?

Summary administration (Fla. Stat. § 735.201) is a faster, simpler process available when the probate estate, excluding exempt property, is worth $75,000 or less, or when the decedent has been dead for more than two years. No personal representative is appointed, and distributions can happen more quickly than in formal administration.