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Katz & Associates / A first look at probate court
A filed will, a petition, and letters of administration do different jobs. Knowing what each step establishes can make the process easier to follow.
First, find out what the court needs to decide
A Florida probate court may need to decide who can act for an estate, whether to admit a will, or who has rights in property. It may also need to approve steps in the case. Not every death requires the same kind of case.
What the person owned and how it can pass matter. The Martin County Clerk’s probate guidance explains the role of a court order when assets need one to transfer. Start with the assets. Who owned them? Is there a valid way for them to pass without probate?
There is more than one probate route
In formal administration, the court generally appoints a personal representative. That person handles the estate and must follow legal duties. Summary administration uses a court order to pass qualifying property to the people entitled to it. It does not appoint a personal representative.
Under current §735.201, summary administration may be available when the Florida estate subject to administration, less property exempt from creditor claims, does not exceed $150,000, or when the person has been dead for more than two years. If there is a will, it must not direct administration under Chapter 733.
The $150,000 threshold took effect July 1, 2026, through Chapter 2026-57. The dollar figure is not the whole eligibility test. Creditors, notice, the will, and the assets still need review.
Florida also has limited procedures such as disposition of personal property without administration. A generic “small estate affidavit” from another state is not a substitute for checking the Florida procedure. Ask which route fits before completing forms.
For advice about the estate and the required filings, see Florida probate representation.
Read the purpose, not just the title
This map explains common document roles. Not every case uses every document, and the actual order or notice must be read.
| Document or step | What it does, and what it does not do |
|---|---|
| Deposit of the will | Places the will with the proper clerk. It does not itself appoint a personal representative or distribute assets. |
| Petition | Asks the court for specified relief. Filing the request is not the same as the court granting it. |
| Letters of administration | Show the personal representative's court authority, subject to applicable limits. They do not establish that the representative personally owns every asset. |
| Notice | Informs the recipient of a proceeding or issue and may start a deadline. Different notices can have different effects. |
| Inventory | Identifies estate property and required value information. It is not the final distribution or closing order. |
| Distribution or discharge documents | Address the requested transfer or completion stage. Their effect depends on the proceeding and the court's actual order. |
Document roles reflect the Florida Probate Rules, including Rules 5.200, 5.235, 5.340 and 5.400, and the will-deposit duty in §732.901.
Know whose role you are asking about
The judge makes the court’s decisions. The clerk maintains filings and provides court information within the office’s role. Clerk staff do not replace your lawyer or choose a legal strategy for you.
The personal representative handles estate duties under court authority. Florida uses that title whether the person died with or without a will. The order of preference in §733.301 guides who may be selected; family preference alone is not an appointment.
The lawyer for the personal representative advises that client. A beneficiary or heir should not assume the same lawyer represents them personally. A representative generally needs Florida counsel under Rule 5.030, with limited exceptions. Our guide to hiring a probate attorney explains the rule and client relationship.
If there is no will, inheritance is not left to whichever relative volunteers to handle the case. Florida’s intestate succession rules identify the default heirs, subject to the property and family facts.
Orders follow the issues in the case
A dispute over a will or debt may need more filings and a ruling. So may a question about who owns property or whether an action is allowed. The required process depends on the issue. One hearing may not resolve every issue.
Not every bill should be paid just because it arrives. Claims need review, and §733.707 sets payment priorities. Distributions must also account for outstanding duties and rights.
Dates matter, but there is no universal finish date for every estate. Our Florida probate timeline guide separates legal clocks from practical delays. Court costs and legal fees are a separate question from who inherits.
Prepare for the actual next step
Ask what issue the court will consider, whether you must attend, and whether the appearance is in person or remote. Check the official notice or ask your lawyer for the location or remote link. Do not assume every probate case requires the same kind of appearance.
Ask which papers to bring. Will you need to speak or give information? What does your lawyer need before the hearing? Keep the case number, notice, and relevant records together.
If no hearing is scheduled, ask what filing or outside response comes next. A lot of work may happen without the family attending court. The useful question is what action is pending, not simply whether another hearing date exists.
Start with the paper in front of you
Contact Katz & Associates with the notice or case papers, the county involved, and any known deadline. Ask what the document means for your situation.
Common questions
No. The assets and their transfer arrangements determine what court process, if any, is needed. Other procedures may fit some estates.
Not by itself. Check who owns the account and who is named to receive it. Ask what court authority is needed.
It depends on your role, the issues, and the court’s directions. Confirm what is required for your actual case rather than assuming every estate follows one hearing schedule.
About the author
By Katz & Associates. Published by Katz & Associates Law Firm.
This is general information, not advice about a court filing or pending case.
Sources checked October 26, 2026. Court-rule references use the October 15, 2026 compilation.
