Grief hits hard, and then the paperwork arrives. Families may need to sort bank accounts, property records, and bills while trying to catch their breath.
At Zweben Law Group, in Historic Downtown Stuart, we have helped injured people and grieving families since our founding in 2001.
This article explains when probate is required in Florida and why opening an estate may be necessary for a wrongful death claim. We keep the process simple and practical so you can understand the next steps. Questions may arise, and that is perfectly normal.
What Is Probate Under Florida Law?
Probate is a court process that helps move a person’s property to the right people after death, while also dealing with any debts. It gives families a clear path, even when things feel upside down.
Probate is a court-supervised process that identifies a deceased person’s assets, pays valid debts, and then distributes what is left to the right beneficiaries.
The Florida Probate Code, found in Chapters 731 through 735 of the Florida Statutes, sets the rules for how this works. The process confirms legal ownership changes and creates a formal way for creditors to make claims.
In short, probate brings order. It can look different depending on the size of the estate, how assets were titled, and whether lawsuits are involved.
Now that you know what probate does, let us look at when it is actually required in Florida.
When Is Probate Required?
Probate becomes necessary when certain assets cannot move to new owners without court authority. Title companies, banks, and financial institutions often need formal documents from the court before they act.
Assets Subject to Probate
Florida probate is generally required when a person dies owning assets in their sole name, without a beneficiary designation.
That means no co-owner with rights of survivorship and no payable-on-death or transfer-on-death feature tied to the account. Without those, a judge needs to appoint someone to handle the transfer.
Here are common probate assets you might see after a death:
- Bank accounts titled only in the deceased person’s name.
- Real estate titled only in the deceased person’s name without survivorship rights.
- Personal property of meaningful value, such as vehicles or boats titled solely to the decedent.
- Business interests owned individually, like shares in a closely held company, without a transfer agreement.
If you are unsure about how an account is titled, statements or deeds often reveal it. A quick review can save time and stress.
Families facing a sudden loss often ask how probate connects to legal claims after a fatal accident. That is where the next point matters a lot.
Wrongful Death Lawsuits and Probate
Under Florida law, a wrongful death lawsuit must be filed by the Personal Representative of the estate.
This rule applies even if the person who died held few assets or none at all. Opening an estate gives the Personal Representative legal authority to act for survivors and the estate in court.
Even when a person leaves no big accounts, opening probate is usually the step that allows you to bring a claim, investigate insurance, and protect deadlines.
Settlement or verdict proceeds in a wrongful death case are distributed under Florida Statute section 768.21, and those funds are often protected from general estate creditors.
In practice, that helps keep money flowing to the people the law says should receive it.
Not every asset needs court involvement. Many families learn that a good portion of property can pass outside probate entirely.
What Assets Do Not Require Probate?
Some property moves to new owners automatically through contract terms or title rules. When that happens, the court usually does not need to step in.
These transfers usually depend on beneficiary forms, trust documents, or the way the property is titled. Quick checks on account statements and deeds can answer a lot of questions.
- Assets in a revocable living trust managed by the successor trustee under the trust document.
- Life insurance with a named beneficiary.
- Retirement accounts like IRAs and 401(k)s with beneficiary designations.
- Payable-on-death and transfer-on-death accounts that list a beneficiary.
Property owned with rights of survivorship or by a married couple as tenants by the entirety passes straight to the surviving owner. That jump happens by law, skipping probate in most situations.
| Asset Type | Typical Title or Designation | Probate Needed | Notes |
| Home owned by spouses | Tenants by the entirety | No | Transfers to the surviving spouse by operation of law. |
| Checking account | Sole owner, no POD | Yes | Bank will require court documents to release funds. |
| IRA or 401(k) | Named beneficiary | No | Pays directly to the beneficiary under plan rules. |
| Life insurance | Named beneficiary | No | Insurer pays directly to the listed person or trust. |
| Vacation home | Sole name, no survivorship | Yes | Deed transfer requires court authority. |
| Brokerage account | POD or TOD beneficiary | No | Firm releases funds to named party. |
If you spot beneficiary forms or survivorship language, that is a strong hint probate will not control that asset. If not, the probate court likely will.
Types of Probate Proceedings in Florida
Florida offers more than one path for probate. The right path depends on asset size, timing, and whether a Personal Representative is needed for lawsuits or asset management.
Formal Administration
Formal Administration is the standard, full probate process used for estates valued over 75,000 dollars. Courts also use it when a Personal Representative must be appointed to manage litigation, such as a wrongful death claim.
This track involves notices to creditors, inventory, court filings, and a final distribution plan.
While more detailed, it provides structure for complex situations. Families appreciate the clear checkpoints and court oversight.
Some estates qualify for a faster option with fewer filings and no ongoing court supervision.
Summary Administration
Summary Administration is a streamlined process for estates with a non-exempt value of 75,000 dollars or less, or when the person passed more than two years ago.
The court issues an order that transfers assets without appointing a Personal Representative. This option can reduce cost and time when the estate is small and simple.
That said, no Personal Representative means no one is formally in charge for lawsuits. If a wrongful death claim needs to be filed, Formal Administration is usually the better fit.
Very small situations sometimes qualify for an even lighter process focused on final expenses.
Disposition Without Administration
This option allows reimbursement from certain assets for someone who paid out-of-pocket for final medical or funeral costs. It applies in very limited cases and does not open a full estate. Courts typically request receipts and proof of payment.
Regardless of the track, someone needs authority to act for the estate. That person is the Personal Representative.
The Role of the Personal Representative
The Personal Representative serves as the point person for the estate. Florida law sets clear rules for who can serve and what they must do.
To serve in Florida, a Personal Representative must be at least 18, mentally and physically able, and have no felony convictions.
They must be a Florida resident or a close blood relative of the person who died. Courts watch these requirements closely to protect everyone involved.
Common duties include the following tasks, which keep the estate moving forward:
- Gathering and safeguarding assets, including real property and financial accounts.
- Publishing and sending notices to creditors within required timelines.
- Paying valid debts and expenses, then distributing the rest to heirs or beneficiaries.
The Personal Representative also hires legal counsel to start or defend lawsuits on behalf of the estate. That includes pursuing wrongful death claims when supported by the facts. Good communication with the family helps keep surprises to a minimum.
What if there is no will naming a Personal Representative or setting out who inherits property? Florida has a plan for that as well.
What Happens If There Is No Will?
Florida’s intestate rules fill the gap when someone dies without a valid will. The law sets a ladder for who inherits first.
Intestate means a person died without a valid will. Florida Statutes provide a list of who receives property, starting with a surviving spouse and children, then moving to other close family.
The order can change based on whether there are children from another relationship, so the details matter.
Property does not pass to the state unless there are no surviving heirs at all. Courts use the statute to confirm who qualifies as an heir, then divide property based on the structure set by law. Even without a will, families still have a path to close the estate.
Pursuing Justice After a Loss: Contact Zweben Law Group
Losing a loved one is heartbreaking, and opening an estate should not add to the pain.
If you need answers, we are ready to listen and explain your next steps. Call 772-223-5454 or contact us through our contact page. A brief call can bring clarity and calm.
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