Q&A with Michael Bracchi, Esq., Managing Partner at Florida Probate Law Firm: A Guide to Understanding Florida’s Probate Process

Michael Bracchi, Esq. is an experienced attorney and trusted advisor with 20+ years of legal experience. His practice focuses on probate administration, representing personal representatives, beneficiaries, and families throughout Florida in navigating the legal and procedural complexities of estate administration. Known for his analytical approach and practical guidance, Michael helps clients efficiently resolve estate matters while minimizing conflict and delay during what is often a difficult time. He earned his J.D. from St. John’s University School of Law, a Doctor of Pharmacy from the University of Kansas, an M.S. in Business Management and Leadership from City University of New York and a B.S. in Pharmacy from St. John’s University. With this rare combination of legal, healthcare and business training, he has a broader perspective when advising clients on matters involving financial assets, fiduciary responsibilities and complex estates. Michael is admitted to practice law in Florida and New York. Since 2020, Michael has served on the Wilton Manors City Commission in Broward County, Florida.

Non-profit Mental Health America notes that the loss of a loved one is life’s most stressful event and can cause a major emotional crisis. The organization counsels that when a death takes place, people experience a wide range of emotions, even when the death is expected. There is no real order to the grieving process, which can include tremendous turmoil, sadness, fear and life disruption.

While many people aren’t prepared for such a major loss, they also face further uncertainty and confusion over settling the affairs of the person who passed away. This includes the Probate Administration court process, which must be adhered to in many instances when someone passes away. Florida Probate Law Firm Partner Attorney Michael Bracchi provides the following guidance to help Florida residents better understand the state’s Probate Court process:

How long does probate take in Florida?

A: It depends on the type of probate, if there are disputes, and whether creditors file claims. These variables can be unique to each case. In most Florida cases, probate takes three-to-12 months, though some estates take longer.

What are the types of probate and what are the distinctions?

A: The two types of probate are Summary Administration and Formal Administration. Summary Administration may be faster, while the Formal Administration is the most common. Summary Administration, with a typical timeline of two-to-four months, is used when an estate’s non-exempt assets are under $75,000 or when the decedent passed away more than two years ago.

The Summary Administration process is faster because no personal representative is appointed, there is no formal creditor publication period and court supervision is more limited. Summary Administration may not be available if significant creditor claims exist, the estate exceeds the statutory dollar threshold for non-exempt probate assets, if assets are unknown or cannot be substantiated with confirmed document, or if there’s pending litigation.

Formal Administration, typically six-to-12 months, requires the appointment of a personal representative, publication of Notice to Creditors, a three-month creditor claim period and court oversight of administration.

Why does probate take time to complete?

A: The following combination of factors requires time:

Creditor Claim Period

• Creditor claim period allows creditors three months to file claims
• Known creditors may have 30 days from direct service to file a claim in the estate
• Even if no claims are filed, estates generally must wait out this statutory period before final distribution

Asset Identification/Valuation

• The personal representative must:
• Identify all estate assets
• Obtain valuations
• Secure real estate
• Coordinate with financial institutions

Probate Delays

• Delays commonly occur when:
• Assets are difficult to locate
• Property must be sold, including out-of-state real estate
• Estate planning documents are missing
• Asset ownership is unclear
• Notice to Creditors is not properly published
• Heirs have disagreements, will contests; claims of undue influence; disputes among beneficiaries; blended family conflicts; and creditor objections
• Tax complications occur
• Litigation happens
• Investment accounts require transfer procedures
• Court case volumes are high in many geographic regions, so heavier dockets may slow scheduling of hearings or approval of filings

What, if anything, can be done to speed-up the probate process?

A: While statutory deadlines cannot be shortened, efficiency improves when: probate is opened promptly; all heirs cooperate; assets are organized; property is properly titled; and an experienced probate attorney manages deadlines. Having a valid will can simplify probate administration, but won’t necessarily improve timelines given the noted probate statutory requirements.

What is a non-resident decedent under Florida law?

A: A non-resident decedent is someone who was domiciled in another state at the time of death and owned real estate in Florida. Even if someone spent significant time in Florida, probate jurisdiction depends on legal domicile, not vacation patterns. Domicile is determined by factors such as primary residence; driver’s license; voter registration; homestead exemption; and tax filings.

When is Florida probate required for a non-resident?

A: Florida probate may be required if the decedent owned real estate in Florida that is titled in the name of the decedent, or Florida business interests or certain tangible personal property are located in Florida. Examples of these scenarios are a New York resident who owns a condo in Palm Beach; a New Jersey resident who owns investment property in Fort Lauderdale; or a Midwest resident owns a timeshare in Miami.

Is a separate Florida probate required when someone who lived outside of Florida dies, but owned property in Florida?

A: Yes, it can be required. This is common with snowbirds; seasonal residents; out-of-state investors; and high-net-worth individuals with Florida real estate. If the decedent was not a Florida resident but owned Florida assets, Florida courts may require probate authority before those assets can be transferred or sold.

How long does Florida probate take for a non-resident?

A: Estimated timelines are two to four months for summary ancillary administration and four to nine months for formal ancillary administration. Factors that extend timelines include creditor claims, heir disputes, title issues or litigation.