Filing a Probate Petition in Palm Beach County: What You Need to Know in 2026
Key Takeaways: Filing a probate petition in Palm Beach County requires submitting the original will, certified death certificate, and application for personal representative appointment to the 15th Judicial Circuit Court. Venue is determined by the decedent’s permanent domicile, not property ownership. The court appoints a personal representative who notifies interested parties, inventories assets, pays debts and taxes, and distributes the estate. Florida law provides formal administration and streamlined summary administration for qualifying estates. The order of preference for personal representative appointment differs for testate versus intestate estates. Consulting a probate attorney helps you choose the correct proceeding type and avoid costly delays.
Losing a loved one is never easy, and navigating the legal process that follows can feel overwhelming. If you’ve been named executor or personal representative in a Palm Beach County estate, understanding how to file a probate petition is essential. The probate process begins by filing a petition, followed by notifying interested persons, inventorying assets, paying debts and taxes, and distributing the estate to beneficiaries. Whether dealing with a testate estate (with a valid will) or intestate situation, knowing what is probate in Florida and how it works in the 15th Judicial Circuit helps you proceed with confidence.
If you need guidance through the Palm Beach probate filing process, Moran Law is here to help. Call (561) 779-2029 or reach out to schedule a consultation to discuss your situation today.
What Is Probate in Florida and Why Does It Matter?
Probate is the court-supervised legal process through which a deceased person’s estate is administered and distributed. In Florida, probate validates the decedent’s will (if one exists), identifies and inventories estate assets, ensures lawful payment of debts and taxes, and transfers remaining property to beneficiaries or heirs. Under Florida Statutes Chapter 733, any interested person may petition for administration.
When someone dies without a will (dying intestate), the probate court appoints an administrator to distribute assets according to Florida’s intestacy statutes. Both executors (named in a will) and administrators (appointed for intestate estates) are called personal representatives under Florida law. The scope of authority and order of preference for appointment differ depending on whether a valid will exists.
💡 Pro Tip: Not all property goes through probate. Jointly held property with right of survivorship, trust property, tenancy by the entirety assets, and accounts with designated beneficiaries generally bypass probate entirely.
Where to File Your Probate Petition in Palm Beach County
Establishing Venue in the 15th Judicial Circuit
The county where a probate petition must be filed depends on where the decedent was permanently domiciled at death. Under Florida Statutes Section 733.101(1)(a), venue for probate shall be in the county where the decedent was domiciled. If your loved one lived in Palm Beach County at their passing, you’ll file with the probate division of the 15th Judicial Circuit.
Domicile is not the same as simply owning property in a county. A person’s domicile is where they maintained their permanent home and intended to remain. If the decedent owned homes in multiple counties or states, establishing proper domicile may require documentation such as a Florida driver’s license, voter registration, or homestead exemption records.
What Documents You Need to File
A probate petition typically consists of an application for personal representative appointment, a certified death certificate, and the original will. If no will exists, you still need the certified death certificate and application for administrator appointment. Florida also requires any will written in a foreign language be accompanied by a true and complete English translation under Section 733.204(1).
💡 Pro Tip: Make sure you have the original will, not a copy. If it cannot be located, additional legal proceedings may be necessary.
Step-by-Step Probate Process in Palm Beach County
Step 1: Prepare and File the Petition
The probate process begins when an interested person files a petition for administration with the court. Under Florida Statutes Chapter 733, any interested person may petition for administration. You’ll need to compile required documents and submit them to the Palm Beach County Clerk of Court. Before filing, review a Palm Beach probate checklist to confirm you have everything in order.
Step 2: Court Hearing and Appointment of Personal Representative
After filing, the court schedules a hearing to officially appoint the personal representative. Before that hearing, formal notice is required to be served on persons who have an equal or greater preference for appointment as personal representative and on interested persons when a caveat has been filed or the validity of a will is being adjudicated; the broader Notice of Administration to beneficiaries and heirs is served after the personal representative is appointed. Florida law establishes a specific order of preference under Section 733.301(1)(a) for testate estates: first, the nominee in the will; second, a person selected by majority interest of those entitled to the estate; third, a devisee under the will.
For intestate estates, the preference order differs under Section 733.301(1)(b). The surviving spouse holds first preference, followed by a majority-selected heir, then the heir nearest in degree to the decedent.
| Estate Type | First Preference | Second Preference | Third Preference |
|---|---|---|---|
| Testate (with will) | Nominee in the will | Majority-selected person | A devisee |
| Intestate (no will) | Surviving spouse | Majority-selected heir | Nearest heir |
Step 3: Issuance of Letters and Notice of Administration
Upon approval, the court issues Letters of Administration authorizing the personal representative to act on behalf of the estate. With these letters, the personal representative gains legal authority to access bank accounts, manage real property, and handle estate affairs.
The personal representative must then promptly serve a notice of administration as required by Florida Statutes Section 733.212(1). This notice must be served on the surviving spouse, beneficiaries, persons who may be entitled to exempt property, and the trustee of any trust described in s. 733.707(3) and each qualified beneficiary of the trust as defined in s. 736.0103, but only if each trustee is also a personal representative of the estate.
💡 Pro Tip: Keep detailed records of every notice you send, including dates, recipients, and method of service. Thorough documentation protects you if your administration is questioned.
Step 4: Inventory Assets, Pay Debts, and Distribute the Estate
Once appointed, the personal representative must identify and inventory all probate assets. This includes real property, financial accounts, personal property, and any other assets that didn’t pass outside probate. After compiling a complete inventory, the personal representative must pay valid creditor claims and outstanding taxes before distributing remaining assets to beneficiaries or heirs.
- Identify and value all probate assets
- Provide proper notice to known and unknown creditors
- Pay valid debts, expenses, and taxes
- File required tax returns
- Distribute remaining assets per the will or Florida intestacy law
💡 Pro Tip: As personal representative, you owe a fiduciary duty to the estate and beneficiaries. Acting in good faith and following statutory requirements helps you avoid personal liability.
Summary Administration: A Simplified Alternative
Florida law provides a streamlined probate option called summary administration for qualifying estates. Under Florida Statutes Section 735.201, summary administration is available when the estate value subject to administration, less property exempt from creditors’ claims, doesn’t exceed $75,000 (increasing to $150,000 for decedents dying on or after July 1, 2026), or when the decedent has been dead for more than two years. In testate estates, summary administration is only available if the will doesn’t direct formal administration. A petition may be filed by any beneficiary or the person nominated as personal representative.
The petition for summary administration must be signed and verified by the surviving spouse, if any, and beneficiaries. Summary administration can significantly reduce time and complexity of estate administration in Palm Beach County when eligibility requirements are met, as no personal representative is appointed and no formal creditor claims period is required.
Common Challenges When Filing a Probate Petition in Palm Beach
Even straightforward estates can encounter complications during probate. Missing original wills, disputes over domicile, difficulty locating beneficiaries, and incomplete asset records are among the most common issues probate attorneys in Palm Beach help clients navigate. Foreign-language wills present an additional hurdle, requiring a complete English translation before court admission.
Timing also matters in Florida probate. Statutory deadlines govern everything from creditor notice periods to filing inventories and accountings. Missing a deadline can expose the personal representative to liability or delay distribution to beneficiaries.
💡 Pro Tip: If you’re unsure whether formal or summary administration applies, consult with a probate attorney before filing. Choosing the wrong proceeding type can result in unnecessary delays.
Frequently Asked Questions
1. Who can file a probate petition in Palm Beach County?
Under Florida Statutes Section 733.202, any interested person may petition for probate administration. This generally includes the person named as personal representative in the will, a surviving spouse, an heir, or a beneficiary.
2. What documents do I need to open probate in Florida?
You’ll need the original will (if one exists), a certified death certificate, and an application for personal representative appointment. If the will is written in a foreign language, Section 733.204(1) requires a true and complete English translation.
3. How long does the probate process take in Palm Beach County?
The timeline varies depending on estate complexity, disputes, and whether you pursue formal or summary administration. Simple estates through summary administration may resolve in weeks, while formal administration can take several months or longer.
4. What property does not go through probate?
Certain assets bypass probate, including jointly held property with right of survivorship, property held in trust, assets held as tenancy by the entirety, and accounts with designated beneficiaries such as life insurance policies and payable-on-death accounts.
5. What is the difference between an executor and an administrator?
An executor is the personal representative named in a will, while an administrator is appointed by the court when no valid will exists. Both serve the same role and are referred to as personal representatives under Florida law. The order of preference for appointment differs for testate versus intestate estates.
Take the First Step Toward Protecting Your Loved One’s Estate
Filing a probate petition in Palm Beach County requires careful attention to statutory requirements, proper documentation, and timely action. Whether navigating formal administration as a named executor or exploring summary administration as a beneficiary, understanding the probate process helps you fulfill your fiduciary duties and honor your loved one’s wishes.
If you’re ready to begin the estate administration process in Palm Beach County, Moran Law can help you navigate every step. Call (561) 779-2029 or contact us today to discuss your probate matter with a knowledgeable legal team.
