What Do I Need to Do to Close a Probate Estate in Florida? | Florida Probate | FastCounsel
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What Do I Need to Do to Close a Probate Estate in Florida?

What steps must be completed before closing an estate in North Carolina? - Florida

The Short Answer

You generally close a Florida probate estate by completing administration (paying valid debts/expenses and handling taxes), preparing a final accounting (unless waived), making final distributions, and then obtaining the personal representative’s discharge from the court. In Florida, the formal “closing” is typically tied to the court entering an order of discharge after the estate has been fully administered and properly distributed.

Why You Should Speak with an Attorney

While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:

  • Strict Deadlines: Florida probate practice commonly expects the estate to move toward final accounting/petition for discharge within set timeframes, and delays can trigger court scrutiny or require additional court involvement.
  • Burden of Proof: Before discharge, you may need to show that creditor claims were properly handled, expenses and taxes were paid or provided for, and distributions match the will (or Florida intestacy rules) and any court orders.
  • Exceptions: Disputes over beneficiary shares, objections to the accounting, unknown creditors, missing heirs, or tax issues can prevent a clean closing and create personal liability risk for the personal representative if handled incorrectly.

Trying to handle this alone can lead to costly mistakes—especially because “closing” an estate is not just paperwork; it is the point where beneficiaries (or creditors) often raise objections, and where the personal representative is trying to obtain legal protection through discharge.

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Do not leave your legal outcome to chance. We can connect you with a pre-screened Probate attorney in Florida to discuss your specific facts and options.

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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.