What Happens During Probate in Florida? A Guide for Orlando Families

May 22, 2026

Losing a loved one is difficult enough without the added pressure of court filings, estate paperwork, creditor notices, family questions, and asset distribution. For many families in Orlando, probate becomes the legal process that must happen before a loved one’s property can be properly transferred to heirs or beneficiaries.

Probate can feel overwhelming, especially if you have never been through it before. You may be wondering who is responsible for handling the estate, how long the process takes, whether all assets must go through probate, and what happens if family members disagree.

Understanding the basics can help you make better decisions during a stressful time. Working with an experienced Orlando probate attorney can also help you avoid mistakes, reduce delays, and move through the process with greater confidence.

What Is Probate in Florida?

Probate is the court-supervised process used to identify a deceased person’s assets, pay valid debts, and distribute remaining property to the proper beneficiaries or heirs. Florida Courts describes probate as a process for gathering a deceased person’s assets, paying debts, and distributing assets to beneficiaries.

Probate may be required whether someone dies with a will or without one. If there is a valid will, probate helps confirm the will and administer the estate according to its instructions. If there is no will, Florida law determines who may inherit from the estate.

Probate is not just paperwork. It is a legal process with deadlines, fiduciary duties, court requirements, and financial responsibilities.

When Is Probate Usually Needed?

Probate is commonly needed when a person dies owning assets in their individual name without a beneficiary designation, joint owner, trust, or other transfer mechanism.

Examples may include:

A home titled only in the deceased person’s name
Bank accounts without payable-on-death beneficiaries
Investment accounts without named beneficiaries
Personal property with significant value
Business interests
Vehicles, boats, or other titled assets
Lawsuits or claims belonging to the estate

Not every asset goes through probate. Life insurance proceeds, retirement accounts, jointly owned property, and trust-owned assets may pass outside probate depending on how they are titled and whether beneficiary designations are valid.

This is one reason probate should be reviewed carefully. A family may assume an estate is simple, only to discover later that certain assets require court involvement.

Who Handles the Probate Estate?

In Florida, the person appointed by the court to administer the estate is called the personal representative. Other states may use terms such as executor or administrator, but Florida uses the term personal representative. The Florida Bar explains that the personal representative is appointed by the judge and is responsible for administering the probate estate.

The personal representative may be named in the will. If there is no will, or if the named person cannot serve, the court may appoint someone according to Florida law.

The personal representative has important responsibilities, including:

Filing required court documents
Identifying and protecting estate assets
Notifying beneficiaries and interested parties
Publishing or serving creditor notices
Reviewing and addressing creditor claims
Managing estate property during probate
Paying valid debts and expenses
Preparing accountings when required
Distributing assets after court approval
Closing the estate properly

This role carries serious legal duties. Florida law states that a personal representative is a fiduciary and must observe standards of care applicable to trustees.

The Main Steps in the Florida Probate Process

Every estate is different, but many Florida probate cases follow a similar general structure.

1. Determine Whether Probate Is Required

The first step is reviewing the deceased person’s assets, debts, estate planning documents, account ownership, and beneficiary designations. Some assets may transfer automatically, while others may require probate.

This review can help determine whether the estate may qualify for summary administration, formal administration, or another procedure.

2. File the Probate Petition

If probate is needed, a petition is filed with the appropriate Florida probate court. The filing may request that the court admit the will, appoint a personal representative, and open the estate.

For Orlando families, probate matters are generally handled through the county court system based on where the deceased person lived or owned property.

3. Appoint the Personal Representative

Once the court appoints a personal representative, that person receives legal authority to act on behalf of the estate. This authority allows the personal representative to manage estate assets, communicate with financial institutions, address claims, and move the process forward.

Without court appointment, family members may not have authority to access accounts, sell property, or distribute assets.

4. Identify, Secure, and Value Estate Assets

The personal representative must identify estate assets and take reasonable steps to protect them. This may include securing real estate, locating financial accounts, identifying personal property, reviewing insurance, and determining whether appraisals or valuations are needed.

This step is especially important when an estate includes real property, business interests, collectibles, investment accounts, or assets that may lose value if not handled properly.

5. Notify Creditors and Beneficiaries

Florida probate includes procedures for notifying creditors and interested parties. Creditors may have a limited period to file claims against the estate. Valid debts may need to be paid before beneficiaries receive distributions.

Beneficiaries are also entitled to certain information about the estate. Clear communication can help prevent confusion, mistrust, and disputes.

6. Resolve Debts, Claims, and Expenses

The estate may need to pay funeral expenses, medical bills, taxes, administrative costs, mortgages, credit cards, or other valid debts. Not every claim is automatically valid, and some may need to be reviewed, objected to, negotiated, or resolved.

This is one area where legal guidance can be valuable. Paying the wrong claim, paying claims in the wrong order, or distributing assets too early can create problems for the personal representative.

7. Distribute Assets to Beneficiaries or Heirs

After debts, expenses, and legal requirements are addressed, the remaining assets may be distributed according to the will or Florida intestacy law.

If the estate includes real estate, business assets, or disputes between beneficiaries, distribution may be more complicated.

8. Close the Estate

The probate process ends when the required tasks are completed and the estate is formally closed. Depending on the type of administration, this may involve final filings, accountings, receipts, waivers, or court orders.

Closing the estate properly helps protect the personal representative and confirms that the estate has been administered according to Florida law.

Formal Administration vs. Summary Administration

Florida probate may involve different types of administration depending on the value and circumstances of the estate.

Formal Administration

Formal administration is the more complete probate process. It is often used when the estate is larger, more complex, involves disputes, includes real estate issues, or requires a personal representative to manage estate affairs.

Formal administration typically involves more court supervision and more procedural steps.

Summary Administration

Summary administration may be available for certain smaller estates or when the deceased person has been dead for more than two years. While it can be more streamlined than formal administration, it still requires proper legal filings and court approval.

Families should not assume summary administration is available without reviewing the estate carefully.

Common Probate Problems Orlando Families Face

Probate can be straightforward in some cases, but complications are common. Even families with good relationships can run into problems when grief, money, property, and legal responsibilities come together.

Common probate issues include:

A will cannot be found
Multiple versions of a will exist
Beneficiaries disagree about asset distribution
Someone challenges the validity of the will
The personal representative is accused of mishandling the estate
Creditors file questionable claims
Real estate needs to be sold during probate
Family members disagree about the family home
Assets were not titled properly
Beneficiary designations conflict with estate documents
The estate includes business interests or investment properties

Weissman Paul’s probate services include estate administration, probate disputes, and protecting beneficiaries’ rights, which fits the needs of families dealing with both routine and contested probate matters.

What If There Is a Probate Dispute?

Probate disputes can arise for many reasons. A beneficiary may believe the will was created under undue influence. Family members may disagree about whether the personal representative is acting properly. Heirs may question asset values, missing property, or uneven distributions.

Probate disputes may involve:

Will contests
Beneficiary disagreements
Personal representative disputes
Claims of undue influence
Claims of lack of capacity
Accounting disputes
Asset recovery issues
Conflicts over real estate
Disputes involving blended families

Not every disagreement needs to become full litigation. Some disputes can be resolved through communication, negotiation, mediation, or strategic legal guidance. However, when a serious conflict threatens the estate or a beneficiary’s rights, litigation may become necessary.

Why Personal Representatives Should Be Careful

Serving as personal representative is a serious responsibility. The personal representative is not simply “helping out” the family. They are acting in a fiduciary role and must handle the estate carefully.

Mistakes can create personal risk. For example, a personal representative may run into problems by:

Distributing assets too soon
Failing to notify creditors properly
Ignoring beneficiary rights
Paying improper claims
Failing to secure estate property
Not keeping accurate records
Selling property without proper authority
Mixing estate funds with personal funds
Missing court deadlines
Failing to communicate with interested parties

A probate attorney can help the personal representative understand their duties and avoid decisions that could create liability.

How Probate Connects to Estate Planning

Although probate happens after someone passes away, many probate issues begin years earlier with incomplete or outdated estate planning.

For example, probate may become more complicated when:

A will is outdated
A trust was created but never funded
Beneficiary designations were never updated
Real estate was titled incorrectly
A business succession plan was never created
Family members were not told who should handle the estate
Key documents cannot be located

This is why estate planning and probate are closely connected. A well-prepared estate plan can reduce confusion later, but when probate is necessary, families still need to follow Florida’s legal process.

When Should You Contact a Probate Attorney?

You should consider speaking with a probate attorney if:

A loved one recently passed away in Orlando or Central Florida
You were named personal representative in a will
You believe probate may be needed
The estate includes real estate
There are multiple beneficiaries or heirs
Family members disagree about the estate
Creditors are contacting the family
You are unsure whether assets must go through probate
You are concerned about beneficiary rights
You need help opening or closing an estate
You suspect a will contest or probate dispute may arise

The earlier you get guidance, the easier it may be to avoid delays and prevent mistakes.

How Weissman Paul Helps With Probate and Estate Administration

Weissman Paul Attorneys at Law helps families in Orlando, Altamonte Springs, and throughout Central Florida with probate and estate administration matters. The firm’s probate services include guiding families through the legal process, working with creditors and beneficiaries, resolving disputes, and helping ensure estates are handled properly under Florida law.

For families dealing with loss, the right legal support can make a difficult process more manageable. Instead of trying to interpret court requirements alone, you can work with a legal team that understands the probate process and can help you move forward with clarity.

FAQs About Probate in Florida

Does every estate have to go through probate in Florida?

No. Not every asset or estate requires probate. Assets with valid beneficiary designations, jointly owned assets, and trust-owned assets may pass outside probate. However, assets owned solely in the deceased person’s name often require probate.

Can probate happen if there is a will?

Yes. A will does not automatically avoid probate. In many cases, the will must be submitted to the court and administered through probate before assets can be distributed.

What is the difference between an executor and a personal representative?

In Florida, the court-appointed person who administers the estate is called the personal representative. Other states often use the term executor.

How long does probate take in Florida?

The timeline depends on the estate. Factors include the type of probate administration, creditor issues, real estate, disputes, tax matters, and how quickly required documents can be filed and approved.

Can beneficiaries challenge how probate is being handled?

Yes. Beneficiaries may have rights during probate, including the ability to raise concerns about estate administration, accounting issues, asset distribution, or the conduct of the personal representative.

Do I need a probate attorney if the estate seems simple?

It is still wise to get legal guidance before assuming the estate is simple. Probate mistakes can cause delays, disputes, and personal risk for the person handling the estate.

Speak With an Orlando Probate Attorney

Probate can be stressful, but you do not have to handle it alone. Whether you have been named personal representative, are trying to understand your rights as a beneficiary, or need help opening an estate after a loved one’s passing, legal guidance can help protect you and your family.

Weissman Paul Attorneys at Law provides probate and estate administration support for families in Orlando, Altamonte Springs, and throughout Central Florida. Contact Weissman Paul today to schedule a consultation and get help moving through the Florida probate process with confidence.