Probate is one of those words people use without ever quite defining it. In plain English: probate is the court-supervised process Florida uses to transfer a deceased person’s assets, pay their final debts, and confirm who inherits. In Palm Beach County, that process runs through the Probate Division of the Fifteenth Judicial Circuit. Here is what it really means, with a checklist to tell whether your family will even need it.
What Probate Actually Does
Think of probate as three jobs the court oversees:
- Proving the will. If there is a will, the court confirms it was validly executed under Florida Statute §732.502 (signed by the decedent and two witnesses).
- Appointing someone in charge. The court issues Letters of Administration to a personal representative, giving them legal authority to act for the estate.
- Settling and distributing. Debts and valid creditor claims are paid, and what remains goes to the heirs or beneficiaries.
The Two Main Types in Florida
- Summary administration: A faster, lighter process for estates under the statutory value threshold or when the decedent has been gone more than two years.
- Formal administration: The full process, used for larger or more complex Palm Beach estates, with a personal representative and ongoing court oversight.
What Skips Probate Entirely
This is the part most people miss. Many assets pass directly to a person without ever touching the Palm Beach probate court:
- Property in a revocable living trust (Ch. 736).
- Bank or brokerage accounts with payable-on-death or transfer-on-death designations.
- Life insurance and retirement accounts with a named beneficiary.
- Real estate held jointly with right of survivorship, or transferred by a Lady Bird deed.
If everything a person owned was titled this way, the family may need little or no probate at all.
Florida Homestead Is Special
A Palm Beach primary residence often gets unique treatment. Under Article X, §4 of the Florida Constitution, homestead property is protected from most creditors and passes under special rules to a surviving spouse and descendants. It is frequently handled through a separate court order rather than as an ordinary probate asset.
What About Taxes?
A common worry is the “death tax.” Florida has no state estate tax and no inheritance tax, so beneficiaries in Palm Beach do not owe the state simply for inheriting. A large estate could face federal estate tax, but that affects only a small fraction of families.
Quick Checklist: Do You Need Probate?
- Did the person own anything titled in their name alone, with no beneficiary? If yes, probate is likely.
- Is there a will to be proven? It still must be deposited with the Clerk even if no full probate follows.
- Is the only major asset a homestead? Ask about the homestead-specific process.
- Was everything in a trust or beneficiary-designated? Probate may be unnecessary.
Probate is rarely as frightening as it sounds, but the right path depends on how assets were titled and what documents exist. For a clear answer about your own situation, talk with a Florida probate attorney familiar with Palm Beach County practice before assuming you do, or do not, need to open an estate.
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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 .
