When a Palm Beach professional dies owning assets in their sole name, those assets pass through Florida probate, the court process that validates the will, settles debts, and transfers property to heirs. Physicians and executives often leave estates with practice interests, real estate, and investment accounts, which makes administration more involved. Understanding the process helps families act quickly and protects the estate from avoidable cost and delay.
The Two Main Paths
Florida offers formal administration under Chapter 733 and summary administration under Chapter 735. Formal administration is the full process: a personal representative is appointed, creditors are notified, and the estate is administered under court supervision. It is required for most larger estates, including the typical physician’s estate with significant titled assets.
When Summary Administration Applies
Summary administration is available under Section 735.201 when the probate estate (excluding exempt homestead) is worth $75,000 or less, or when the decedent has been dead for more than two years. It is faster and less expensive because no personal representative is appointed. Most professional estates exceed the threshold while heirs are still within the two-year window, so formal administration is the usual route.
The Personal Representative’s Role
In formal administration the personal representative gathers assets, files an inventory, notifies and pays creditors, files tax returns, and distributes what remains. Florida requires the personal representative to be a resident or a qualifying close relative under Section 733.302, and the court generally requires representation by a Florida attorney.
Creditor Claims and Practice Liabilities
A physician’s estate may face claims tied to the practice, leases, or guarantees. Formal administration includes a structured creditor period; the personal representative publishes a notice to creditors, and most claims not filed within the statutory window (generally three months from publication) are barred. This orderly cutoff protects heirs from open-ended exposure.
Homestead Is Treated Separately
The Palm Beach homestead generally passes outside the probate estate and retains its constitutional creditor protection, but a court order determining homestead status is usually needed. This is a frequent point of confusion for families, and getting it right preserves a valuable protection.
How Planning Reduces Probate
Estates anchored by a funded revocable trust, beneficiary designations, and, for real property, a Lady Bird deed often avoid probate on most assets, leaving only a small or empty probate estate. That is why we encourage professionals to plan during life rather than leave heirs to navigate full administration.
Get Florida Counsel
We guide families of Palm Beach professionals through both formal and summary administration. This is general information, not legal advice. Florida probate is court-supervised and deadline-driven; engage a licensed Florida attorney promptly.
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