In Florida, probate is the process by which title to property is legally passed to a deceased person's heirs. The probate court is the judicial body that rules on whether or not a will is valid and enforceable. The individuals involved in these proceedings include: the circuit court clerk, a judge, the executor (personal administrator) for the estate, and the attorney retained by the executor. Creditors making claims for outstanding debts and any other parties affected by the proceedings may also be represented.

The Florida probate process can take one of two forms. Formal administration is used for all large estates (over $75,000). Some assets are not counted when calculating the value of an estate for probate purposes. These include items such as life insurance policies that name a specific beneficiary and property held jointly by spouses with a right of survivorship clause. It is important to note that a revocable trust may be subject to claims by creditors in certain circumstances even though trusts are not usually counted as part of the probate estate. Creditors have a 3 month window to make claims under formal administration.

Summary administration is a simplified probate process that is available for estates with assets worth less than $75,000. This version can only be used if there are no outstanding debts or the existing creditors agree to allow it. Creditors can make a claim against assets distributed to inheritors for up to 2 years after a summary administration.