When a Palm Beach retiree passes away, the family often faces probate — the court process that settles a person’s estate. Florida probate is governed by Chapters 731 through 735 of the Florida Statutes, and it can feel especially daunting when the heirs live out of state. We guide families through the process efficiently and explain which type of administration applies.
Summary Administration
Florida offers a streamlined process called summary administration under Chapter 735. It is available when the value of the probate estate subject to administration does not exceed $75,000, or when the person has been deceased for more than two years. Summary administration is faster and less expensive than full probate, making it a welcome option for smaller estates or long-delayed filings.
Formal Administration
Larger estates generally require formal administration. The court appoints a personal representative who gathers assets, notifies creditors, pays valid debts and taxes, and distributes what remains to the beneficiaries. Florida requires the personal representative to be represented by an attorney in most formal proceedings, which helps ensure the many statutory deadlines are met correctly.
Ancillary Administration for Snowbirds
Seasonal residents sometimes die domiciled in another state while still owning a home or condo in Palm Beach County. In that case, the Florida property usually requires an ancillary administration here, in addition to the main probate in the home state. Planning ahead with a trust or a Lady Bird deed can spare your family this second proceeding entirely.
Homestead and Creditor Claims
Florida’s homestead protections continue after death. Homestead property generally passes outside the reach of most creditors and follows constitutional descent rules that can limit how you leave it if you have a surviving spouse or minor child. Determining whether the residence qualifies as protected homestead is often a central question in a Palm Beach probate.
The Elective Share
Florida protects surviving spouses through the elective share, set out in section 732.2065, which entitles a surviving spouse to 30 percent of the elective estate. This right applies even if the will leaves the spouse less. Families and personal representatives need to account for the elective share when administering an estate.
How We Help Families
We represent personal representatives and beneficiaries through every step, handling court filings, creditor notices, and distributions — and communicating clearly with heirs who live far from Palm Beach so no one is left in the dark.
Consult a Florida attorney: This page is general information, not legal advice. Probate outcomes depend on the specific estate. Speak with a licensed Florida attorney about any probate matter.
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For more on our Florida practice, see our overview of estate planning in Boca Raton. Morgan Legal Group's affiliated New York office also handles .
