If you're trying to understand how Florida probate actually works — the legal steps, the court process, and where a home fits into it — here's the plain-English walkthrough, grounded in current Florida law and the local Palm Beach County court process.
Florida law offers two main routes through probate, and which one applies depends mostly on the size and makeup of the estate — not on how complicated the family situation is.
The standard, full-length process for larger estates.
A streamlined process for smaller, qualifying estates.
What changed in 2026: The Summary Administration asset threshold doubled from $75,000 to $150,000 in non-exempt probate assets, effective July 1, 2026, under CS/HB 1337 (Chapter 2026-57). Homestead property is excluded from that calculation. We cover exactly what counts toward the threshold — and who the new law applies to — in a dedicated post: Florida Summary Administration 2026: What Changed.
Most estates that include real property and exceed the Summary Administration threshold go through Formal Administration. Here's the general sequence — the specifics vary by case, and an attorney handles the actual filings.
Florida law requires the original will to be deposited with the Clerk of Court in the county where the decedent lived, within 10 days of death (F.S. §732.901) — whether or not probate is opened right away. A petition for administration is then filed in that county's circuit court.
The judge issues "Letters of Administration," which give the PR legal authority to act on behalf of the estate — including, eventually, listing and selling real property.
Creditors get a window to file claims against the estate. This period is a major reason formal administration takes months rather than weeks — the estate generally can't be closed until it runs.
The PR files an inventory of estate assets — including real estate — with the court.
Valid creditor claims, estate taxes if applicable, and administration costs are settled from estate assets before distribution.
Once debts are resolved, the PR distributes what's left to the beneficiaries and files a final accounting to close the case.
Probate cases for Palm Beach County residents are heard in the Probate Division of the 15th Judicial Circuit. Venue is determined by the decedent's county of residence at time of death — not where the heirs live — and specifically by zip code, per the Circuit's administrative order assigning cases to one of three courthouse locations:
205 N. Dixie Highway, West Palm Beach, FL 33401 — Probate Division
Probate Division: (561) 355-2986
3188 PGA Boulevard, Palm Beach Gardens, FL 33410 — Probate Division
Civil/Probate filing: (561) 624-6650
200 W. Atlantic Avenue, Delray Beach, FL 33444 — Probate Division
Civil/Probate filing: (561) 274-1588
To check the status of an existing probate case — hearing dates, filed documents, and docket activity — heirs and personal representatives (or their attorneys) can search by name or case number through the Clerk & Comptroller's free eCaseView case search portal.
Filing in Florida probate is largely electronic through the state's e-filing portal, and the 15th Circuit runs its own Online Scheduling (OLS) system for hearings and required checklists. Formal Administration requires a licensed attorney to file — Florida does not allow individuals to represent themselves (pro se) in formal administration, though pro se filing is permitted for Summary Administration and Disposition of Personal Property Without Administration.
A home doesn't have to sit vacant for the full length of probate before it can be marketed. Once the court issues Letters of Administration, the Personal Representative generally has authority to list and sell estate real property — though the specific authority, and whether court approval of the sale itself is required, depends on what the will says and how the estate is being administered. This is exactly the kind of detail that should be confirmed with the estate's attorney before a listing goes live.
What a REALTOR® can do in the meantime — and often should, well before probate closes — is help the family understand market timing, get the property assessed and prepped, and coordinate the listing so it's ready to launch the moment the PR has clear authority to sell.
Amanda is a Florida Bar Registered Paralegal (FRP #1033928) as well as a REALTOR®. That background means she's fluent in probate terminology, timelines, and documentation — Letters of Administration, notice periods, inventory requirements — which makes coordinating with a family's probate attorney more efficient on the real estate side of the case.
What that background is not: legal representation or legal advice. Amanda does not file probate paperwork, does not advise on which administration path applies, and does not replace the estate's attorney. If a family doesn't yet have a probate attorney, Amanda maintains relationships with probate and estate attorneys across Palm Beach County and can make an introduction.
A neutral comparison of your two real options for selling an inherited home.
20 answers on timeline, taxes, heirs, and selling an inherited home.
What the new $150,000 Summary Administration limit means for your case.
The full picture of selling an inherited property in Florida.
What to secure and who to call in the first 90 days.