If you have heard the phrase “Surrogate’s Court,” that is a New York term. In Florida, there is no Surrogate’s Court. Probate is handled by the Circuit Court in the county where the decedent lived, which for local residents means the Fifteenth Judicial Circuit serving Palm Beach County. Here is a practical roadmap to how that court process works.
Where Your Case Is Filed
Probate for a Palm Beach resident is filed with the clerk of the circuit court in Palm Beach County. A probate division judge oversees the matter. Florida law requires most formal administrations to be handled with an attorney, so you will typically work through counsel rather than appearing alone.
The Main Types of Proceedings
- Formal administration (Chapter 733): the full process with a personal representative, used for larger or more complex estates.
- Summary administration (Chapter 735): a streamlined order for estates of $75,000 or less in non-exempt assets, or when death occurred more than two years ago.
- Disposition without administration: a limited option for very small estates with only exempt property and final-expense reimbursements.
- Ancillary administration: for out-of-state decedents who owned Palm Beach property.
What the Court Process Looks Like
- The original will, if any, is deposited with the clerk.
- A petition for administration is filed and interested persons receive notice.
- The judge appoints a personal representative and issues Letters of Administration.
- The representative inventories assets, notifies creditors, and resolves claims.
- After paying valid debts and respecting family protections, the representative distributes assets and files to close the estate.
Typical Timelines
A straightforward formal administration commonly takes several months, in part because the creditor-claim window must run its course. Summary administration can move faster since no personal representative is appointed. Estates with contested wills, disputed creditor claims, or real estate to sell can take considerably longer. Plan around the process rather than expecting a quick close.
Florida-Specific Protections to Expect
The court enforces several protections unique to Florida: the homestead protection under Article X, Section 4 of the state constitution; exempt personal property for the surviving spouse and children; a family allowance; and the surviving spouse’s elective share under Section 732.2065 and following. These rights can override what a will says, and the court will hold the personal representative to them.
A Note on Taxes
Families often ask about death taxes. Florida imposes no state estate or inheritance tax. The probate court’s focus is on proper administration, creditor resolution, and distribution, not collecting a Florida death tax.
What to Bring to Your First Step
- The original will and any codicils;
- A certified death certificate;
- A list of assets, debts, and beneficiaries;
- Account statements and property deeds for any Palm Beach real estate.
Consult a Florida Attorney
The circuit court process has deadlines, notice requirements, and Florida-specific protections that are easy to overlook. Before opening a probate matter in Palm Beach County, consult a licensed Florida probate attorney to map the right proceeding for your situation.
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For more on our Florida practice, see our overview of Florida probate administration. Morgan Legal Group's affiliated New York office also handles .
