The Probate Process, Step by Step (Palm Beach, FL)

Probate feels overwhelming mostly because no one lays out the order of operations. Below is the formal administration process as it actually unfolds in Palm Beach County, step by step, so you can see where you are and what comes next. Treat it as a checklist you can work through with your attorney.

Step 1: Deposit the Will and File the Petition

Florida law requires the original will to be deposited with the Clerk & Comptroller within ten days of learning of the death. To open formal administration, you (or your attorney) file a Petition for Administration with the Probate Division of the Fifteenth Judicial Circuit, identifying the decedent, the heirs, and the nominated personal representative.

Step 2: Appoint the Personal Representative

The court reviews the petition and, if everything is in order, issues Letters of Administration. These are the credentials the personal representative (PR) shows banks and institutions to prove authority. In most formal Palm Beach administrations, the PR must be represented by a Florida attorney.

Step 3: Identify and Secure the Assets

• Locate accounts, real estate, vehicles, and personal property.
• Secure the Palm Beach residence and arrange insurance and upkeep.
• Open an estate bank account using the estate’s EIN.

Step 4: File the Inventory

Within 60 days of issuance of Letters, the PR files an inventory listing estate assets and their date-of-death values. Palm Beach real estate, art, and collectibles often need professional appraisals at this stage.

Step 5: Notify Creditors

The PR publishes a Notice to Creditors in a local newspaper and serves known creditors directly under §733.2121. This opens the claims window. Creditors generally have three months from first publication (or 30 days from being served) to file claims. The PR pays valid claims and objects to improper ones.

Step 6: Address Homestead and Spousal Rights

• If the decedent owned a Palm Beach homestead, the PR typically petitions for an order determining homestead status under Article X, §4 of the Florida Constitution.
• A surviving spouse may assert the elective share under §732.2065, family allowance, or exempt property rights. These must be evaluated before distribution.

Step 7: Handle Taxes and Final Expenses

The PR files the decedent’s final income tax return and pays administration expenses. Remember Florida has no state estate or inheritance tax, so there is no Florida death-tax filing for the estate.

Step 8: Distribute to Beneficiaries

Once claims and expenses are resolved, the PR distributes remaining assets according to the will, or by Florida’s intestacy statutes (Ch. 732) if there is no will. Beneficiaries sign receipts confirming what they received.

Step 9: Close the Estate

The PR files a final accounting and a petition for discharge. When the court is satisfied, it discharges the PR and closes the estate. The PR’s responsibilities end here.

Your Working Checklist

• Deposit the original will within 10 days.
• File the petition; obtain Letters of Administration.
• File inventory within 60 days.
• Publish and serve the Notice to Creditors.
• Resolve homestead and spousal claims.
• Distribute and petition for discharge.

Each Palm Beach estate moves at its own pace, and contested claims or homestead questions can change the path. Before filing, consult a Florida probate attorney who handles cases in the Fifteenth Judicial Circuit so the steps are sequenced correctly for your estate.