When a person dies with assets in their name, a probate proceeding may need to be initiated to transfer the assets to their next of kin (heirs/beneficiaries), regardless of whether the decedent had a Last Will & Testament. This process generally takes between 8-12 months from start to finish, absent any unusual circumstances.
In a nutshell, the Florida probate process is initiated by filing a Petition for Administration with the probate court. In a formal administration, the court appoints a personal representative (or representatives) and issues them “Letters of Administration”, authorizing them to act on behalf of the estate.
Beneficiaries and known creditors are provided with notice of the probate proceeding, and a “Notice to Creditors” is published in a local newspaper. The personal representative(s) locates, gathers, and protects estate assets, and must determine the value of such assets (hiring appraisers when necessary) for inclusion in an “Inventory,” which is filed with the court and served on the beneficiaries.
Nearing the end of the administration process, valid creditor claims and taxes are paid and the remaining estate assets are distributed to the beneficiaries, along with a final accounting. After the estate has been fully administered, it can be closed.