People often assume that having "an estate plan" means their family avoids court. That is only true if the plan is built — and funded — the right way. The path your estate takes after death depends on how your assets are titled, not just whether you signed documents.
The core distinction: assets held in your individual name go through probate — a public, court-supervised process. Assets held in a revocable living trust go through trust administration — a private process run by your successor trustee, with no court involvement.
What Is Florida Probate?
Florida probate is the court-supervised process of validating a will (if one exists), paying the decedent's debts, and distributing remaining assets to heirs or beneficiaries. It is governed by the Florida Probate Code (F.S. Chapters 731–735). There are two main types:
- Formal administration — the standard process for estates over $75,000, requiring a personal representative, court oversight, and a creditor claim period.
- Summary administration — a streamlined option when the estate is $75,000 or less, or the decedent died more than two years ago (F.S. § 735.201).
Probate is public record. Anyone can look up the will, the assets, the debts, and who inherited. Formal administration typically takes 6 to 18 months.
What Is Trust Administration?
Trust administration is the private process a successor trustee follows to settle a revocable living trust after the grantor's death. There is no court filing to open it, no judge, and no public record. The trustee steps in, gathers the trust assets, pays debts and taxes, and distributes to beneficiaries according to the trust's terms — all governed by the Florida Trust Code (F.S. Chapter 736).
Side-by-Side Comparison
| Feature | Probate | Trust Administration |
|---|---|---|
| Court involvement | Yes — judge supervises | No court |
| Public record? | Yes — anyone can view | No — private |
| Typical timeline | 6–18 months | Weeks to a few months |
| Attorney fees | ~3% of gross estate (statutory) | No statutory schedule |
| Who runs it | Personal representative | Successor trustee |
| Out-of-state property | Separate ancillary probate | Handled within the trust |
| Creditor protection window | Formal claim bar period | Optional notice procedures |
What the Personal Representative Does in Probate
The personal representative (Florida's term for an executor) is appointed by the court and must usually be represented by an attorney. Their duties include:
- Filing the will and petition to open the estate
- Obtaining Letters of Administration from the court
- Identifying, inventorying, and valuing assets
- Publishing notice to creditors and resolving valid claims (F.S. § 733.701)
- Paying debts, taxes, and administration expenses
- Distributing remaining assets and filing for discharge
Personal representative compensation is also statutory — roughly 3% of the first $1 million of the estate (F.S. § 733.617), separate from attorney fees.
What the Successor Trustee Does in Trust Administration
The successor trustee handles a similar list of tasks, but privately and without court orders:
- Locating and reviewing the trust document
- Notifying qualified beneficiaries (F.S. § 736.0813)
- Inventorying and valuing trust assets
- Paying the decedent's debts and any taxes
- Filing a final income tax return and, if needed, a trust tax return
- Distributing assets per the trust terms and providing an accounting
The trustee owes fiduciary duties of loyalty and prudence under the Florida Trust Code (F.S. § 736.0801–736.0808). Beneficiaries have the right to information and a proper accounting.
What About Assets With Beneficiary Designations?
Some assets bypass both probate and trust administration entirely. Life insurance, retirement accounts, and payable-on-death (POD) or transfer-on-death (TOD) accounts pass directly to the named beneficiary by contract. See Florida Beneficiary Designations (POD/TOD) for how these fit into your plan — and why outdated designations can override your will or trust.
Which Process Will Your Family Face?
In practice, most estates involve a mix. A well-built, fully funded trust plan minimizes — often eliminates — probate, leaving your family with a faster, private, lower-cost trust administration. A will-only plan, by contrast, guarantees probate for everything in your individual name.
Frequently Asked Questions
Related Reading
- How Long Does Probate Take in Florida? — the formal administration timeline in detail.
- Florida Trust Administration Explained — a closer look at the trustee's duties.
- Trust vs. Will in Florida — choosing the plan that decides which process applies.
Spare Your Family the Courthouse
A properly funded Florida trust plan can keep your estate out of probate entirely. Answer a few questions online and Cornerstone will prepare your plan — reviewed by Arthur Simpson, Esq. before delivery.
Start Your Florida Estate Plan →This article is for general informational purposes and does not constitute legal advice. Estate administration is highly fact-specific. Consult a licensed Florida attorney regarding your individual circumstances. Arthur Simpson, Esq. is licensed to practice law in the State of Florida.