Florida has 67 counties, and the county clerk of the county where the deceased died is the first point of reference for initiating probate proceedings. As you look into the probate process for your loved one's estate, you may find that the responsible county has different rules for probate, depending on the size of the estate and whether the deceased was a Florida resident. Section 733.101(1) of the Florida Statutes states that the proper venue for undergoing probate is “in the county in this state where the decedent was domiciled.”

While there isn’t a big difference between the counties in terms of how probate is carried out, there are key differences as to when an estate needs to go through probate in the county court or not.

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What exactly is probate?

Probate is the legal process of validating someone’s will, thereby initiating the process of settling someone's estate. This includes naming an estate executor who’s in charge of identifying and categorizing all of the deceased person's assets, paying any debts and taxes owed, and distributing what's left to the beneficiaries named in the will (or if there is no will, according to Florida state law).

How does probate work on a county level?

Most people don't realize that probate courts in Florida are actually operated at a county level, which brings its own set of rules and regulations to the process. For example, if someone died outside of Florida but owned real estate or had debts in a specific Florida county, then the probate process takes place in that county, regardless of where the deceased lived at the time of death.

Different counties may also have different time frames on how long it takes for an estate to be settled and distributed. For example, Broward County probate cases tend to take about 14 months to complete, whereas probate cases in Miami-Dade County have been known to take up to two years. On the opposite end of the spectrum, probate cases in Hillsborough County (Tampa area) are typically completed within six to nine months.

Do all estates need to go through probate?

Here’s where things get interesting. Not all estates in Florida need to go through probate, regardless of what county the deceased was living in. Florida has three main types of probate:

• Formal administration: This process is what we usually refer to as probate. Formal administration takes place at the relevant county court.
• Summary administration: Think of this as “probate light.” This process is available for estates valued at $75,000 or less. All that’s required here is for a surviving spouse and/or beneficiaries to file a Petition for Summary Administration.
• Disposition without administration: For very simple estates that don’t include real estate and end up having expenses that exceed the value of the estate, this process allows probate to be skipped entirely.

Should I get help with estate settlement in Florida?

If you're the estate executor, you may find yourself wondering whether you need legal help with your case. The answer depends on several factors, including which county/counties are involved. You may want to do some research about the rules for probate in the applicable county. Better yet, consult with an estate expert before moving forward.

For more information on probate law in a specific Florida county or probate law in general, contact ClearEstate today for a free consultation.