Florida Probate Process: A Complete Step-by-Step Guide

The Florida probate process can feel intimidating when you have never done it before. You are dealing with grief, legal paperwork, court procedures, and family expectations all at once. But probate follows a predictable sequence of steps, and understanding that sequence makes the whole thing manageable.

This guide walks you through the entire Florida probate process, from the moment someone dies to the final distribution of assets. By the end, you will know exactly what to expect at each stage.

What Is Probate and Why Does Florida Require It?

Probate is the court-supervised process of settling a deceased person's estate. Florida requires probate for several reasons:

Validating the will. The court confirms that the will is authentic, was properly executed, and reflects the deceased person's actual wishes.

Transferring ownership. When someone dies, their property does not automatically belong to anyone else. Probate provides the legal mechanism to transfer ownership to the rightful heirs or beneficiaries.

Paying debts. The deceased may have owed money to creditors. Probate ensures debts are paid before assets go to beneficiaries.

Resolving disputes. If family members disagree about who gets what, probate provides a forum for resolution.

Florida probate proceedings take place in the circuit court of the county where the deceased person lived at the time of death. The process is governed by Florida Statutes Chapters 731 through 735 and the Florida Probate Rules.

Types of Florida Probate

Florida recognizes three main types of probate, each designed for different situations.

Disposition Without Administration

The simplest form of probate is called "disposition without administration" under Florida Statutes Section 735.301. This applies to very small estates where:

• The estate has no real property in Florida
• The value of the estate (excluding exempt property) is less than the total of funeral costs and two months of final medical expenses
• Practically, this means estates of approximately $6,000 or less

How it works: File a simple petition, and the court authorizes payment to the funeral home and medical providers directly. No personal representative is appointed.

Timeline: One to two weeks in most cases.

Summary Administration

Summary administration is a shortened form of probate available under Florida Statutes Section 735.201 when:

• The value of the probate estate (not counting exempt property and homestead) is $75,000 or less, OR
• The decedent has been dead for more than two years

How it works: The petition lists assets, debts, and proposed distribution. If approved, the court enters an order directing distribution to beneficiaries. No personal representative is formally appointed, though someone must sign the petition.

Timeline: Typically one to three months.

Key differences from formal administration:

• No Letters of Administration issued
• No formal creditor claims period (but creditors may still have rights)
• Faster and less expensive
• Beneficiaries may be liable to unpaid creditors

Formal Administration

Formal administration is the full probate process required for larger estates or situations where a personal representative needs court authority to act. Under Florida Statutes Section 733.103, formal administration is required when:

• The estate exceeds $75,000 (excluding exempt property and homestead)
• A personal representative is needed to manage assets, pay debts, or litigate claims
• The decedent died within the last two years and the estate does not qualify for summary administration

How it works: The court appoints a personal representative who manages the estate, publishes notice to creditors, pays valid claims, and distributes assets according to the will or intestate law.

Timeline: Six months minimum; typically eight to twelve months. Complex estates can take longer.

For a detailed comparison, see our guide on formal vs. summary administration.

Before You Start: Gather Essential Documents

Before filing anything with the court, gather the documents you will need throughout the process.

Documents About the Deceased

Death certificate: Order 10 to 15 certified copies from the Florida Department of Health, Bureau of Vital Statistics, or the county health department. You will need certified copies for banks, title transfers, insurance claims, and the court.

Original will: If a will exists, you must file the original with the court within 10 days of learning about the death, per Florida Statutes Section 732.901. Copies are not sufficient. If you cannot find the original, the will may still be admitted under certain conditions, but the process is more complicated.

Personal identification: Birth certificate, Social Security card, driver's license of the deceased.

Marriage and divorce records: Death certificates of prior spouses, divorce decrees.

Financial Documents

Bank statements: Checking, savings, money market, CDs. Get statements as of the date of death.

Investment accounts: Brokerage statements, stock certificates, bonds.

Real estate: Deeds, mortgage statements, property tax bills, homeowner's insurance policies.

Vehicles: Titles and registration documents.

Retirement accounts: IRA, 401(k), pension statements. Note the named beneficiaries.

Life insurance: Policy documents. Note the named beneficiaries.

Debts: Credit card statements, loan documents, medical bills.

Tax returns: The last three years of filed returns.

Information About Family Members

You will need names, addresses, and contact information for:

• Surviving spouse
• All children (including from prior relationships)
• Beneficiaries named in the will
• Heirs who would inherit if there were no will
• Anyone who might have an interest in the estate

Step 1: File the Will (If One Exists)

Your first legal obligation is filing the original will with the court.

The 10-Day Deadline

Florida Statutes Section 732.901 requires anyone with custody of a will to deposit it with the clerk of court within 10 days after learning of the death. This applies whether or not you plan to open probate immediately.

Where to File

File with the clerk of the circuit court in the county where the deceased was a Florida resident. If you are unsure which county, file where they lived most recently.

What Filing the Will Does (and Does Not Do)

Filing the will does not open probate. It simply places the document in the court's custody. To actually begin the probate process, you must file a separate petition for administration.

If There Is No Will

If the deceased died without a will (intestate), skip this step. You will still need to open probate, but the estate will be distributed according to Florida's intestate succession laws rather than a will.

Step 2: File the Petition for Administration

Probate officially begins when you file a petition asking the court to open the estate and appoint a personal representative.

What the Petition Contains

The petition for administration includes:

• The decedent's name, date of death, and last known address
• Whether the decedent died with or without a will
• The location and status of the original will
• Names, addresses, and relationships of all interested persons (beneficiaries and heirs)
• A description of the type and approximate value of estate assets
• The name and qualifications of the proposed personal representative
• A request to appoint the proposed personal representative

Who Can File

The petition can be filed by:

• Any beneficiary named in the will
• Any person named as personal representative in the will
• Any heir under intestate succession
• A creditor (in some circumstances)

Filing Fees

Filing fees for probate vary by county but typically range from $300 to $400 for formal administration. Summary administration fees are lower. See our detailed breakdown of Florida probate filing fees or use our Florida probate fee calculator to estimate costs for your county.

Required Supporting Documents

Along with the petition, you typically file:

• The original will (if not already filed)
• A certified death certificate
• Oath of personal representative
• Designation of resident agent (if the personal representative is a non-resident)
• Bond (if required - often waived in the will)

Step 3: Get Appointed as Personal Representative

After you file the petition, the court reviews it and, if everything is in order, issues Letters of Administration appointing the personal representative.

Who Can Serve as Personal Representative

Florida Statutes Section 733.302 sets out who is qualified to serve:

Individuals: Must be at least 18 years old, mentally competent, and either:

• A Florida resident, OR
• A spouse, sibling, parent, child, or other close relative of the decedent regardless of residence

Corporations: Banks and trust companies authorized to do business in Florida can serve.

Priority for Appointment

If multiple people want to serve, the court follows this order of priority under Florida Statutes Section 733.301:

1. The person named in the will
2. The surviving spouse
3. A person selected by a majority of the heirs
4. The heir nearest in degree to the decedent
5. Any other proper person

Letters of Administration

Once appointed, you receive "Letters of Administration" (or "Letters Testamentary" if there is a will). This document is your proof of authority to act on behalf of the estate.

What you can do with Letters:

• Access bank accounts
• Collect debts owed to the estate
• Manage real estate
• Deal with creditors
• Sign contracts on behalf of the estate
• Eventually transfer assets to beneficiaries

Get certified copies. Banks, title companies, and other institutions will require certified copies of your Letters. Order several.

Step 4: Send Required Notices

The personal representative must notify everyone with an interest in the estate.

Notice of Administration (to Beneficiaries and Heirs)

Within 20 days of receiving Letters of Administration, you must serve a Notice of Administration on:

• All beneficiaries named in the will
• All heirs who would inherit if there were no will (even if there is a will)
• The surviving spouse
• Anyone who filed a caveat requesting notification

Florida Probate Rule 5.240 specifies what the notice must contain:

• That administration of the estate has begun
• The name of the decedent
• The file number and the court
• The name and address of the personal representative
• The name and address of the personal representative's attorney
• A statement of the right to receive a copy of the will

Notice to Creditors (Published)

Under Florida Statutes Section 733.2121, you must publish a Notice to Creditors in a local newspaper of general circulation. The notice must run once a week for two consecutive weeks.

The notice tells creditors they have three months from the first publication date to file claims against the estate. Claims filed after the deadline are generally barred.

Cost: Publication costs typically range from $100 to $250 depending on the newspaper.

Direct Notice to Known Creditors

In addition to publishing, you must send direct written notice to any creditors you actually know about or can identify through reasonable diligence. This includes:

• Credit card companies
• Medical providers
• Mortgage lenders
• Utility companies
• Anyone who sends bills addressed to the deceased

Known creditors who receive direct notice have the later of 30 days from that notice or three months from publication to file claims.

For a complete guide to handling creditors, see our article on creditor claims in Florida probate.

Step 5: Inventory and Value Estate Assets

Within 60 days of receiving Letters of Administration, you must file a verified inventory with the court listing all probate assets and their values as of the date of death.

What to Include in the Inventory

The inventory should list:

Real estate: Each property with legal description, address, and fair market value. Get appraisals for accurate values.

Bank accounts: Each account with institution name, account type, and balance as of the date of death.

Investment accounts: Brokerage accounts, stocks, bonds, mutual funds with values as of date of death.

Vehicles: Make, model, year, VIN, and fair market value.

Personal property: Furniture, jewelry, art, collectibles, and other tangible items. Group low-value items; itemize valuable pieces.

Business interests: Value of any business ownership, partnership interests, or LLC membership.

Debts owed to the decedent: Money others owe to the estate.

What NOT to Include

The probate inventory only includes probate assets. Exclude:

• Assets held in a revocable living trust
• Accounts with payable-on-death (POD) or transfer-on-death (TOD) beneficiaries
• Retirement accounts with named beneficiaries (pass outside probate)
• Life insurance with named beneficiaries (pass outside probate)
• Property owned jointly with right of survivorship
• Property held as tenants by the entirety

These assets pass directly to beneficiaries outside the probate process.

Getting Appraisals

Some assets are easy to value (check the bank statement). Others need professional appraisals:

• Real estate: Hire a licensed appraiser or use a real estate agent's comparative market analysis
• Jewelry and art: Use a certified appraiser
• Business interests: May require a business valuation expert
• Unusual items: Get written opinions from qualified experts

Do not guess or undervalue assets. Inaccurate inventories create problems later.

Confidential Filing Option

Florida allows you to file a confidential inventory that remains under seal. A summary goes into the public record, but the detailed list stays private. Most families prefer this option.

Step 6: Manage the Estate During Administration

While probate is pending, the personal representative manages estate assets. This is where much of the day-to-day work happens.

Open an Estate Bank Account

Open a checking account in the name of the estate. Use this account to:

• Deposit funds collected from other accounts
• Pay estate expenses
• Write checks for creditor claims
• Make distributions to beneficiaries

Keep meticulous records of every transaction.

Collect Assets

Transfer assets into estate control:

• Close individual bank accounts and move funds to the estate account
• Transfer brokerage accounts to estate ownership
• Collect rent if the estate owns rental property
• Pursue debts owed to the decedent
• Claim tax refunds

Maintain and Protect Property

You have a duty to preserve estate assets:

• Keep real estate insured
• Pay property taxes and homeowner's association fees
• Maintain properties in good condition
• Secure valuable personal property
• Keep vehicles insured and maintained

Keep Detailed Records

Document everything:

• All income received
• All expenses paid
• All transactions involving estate assets
• All communications with beneficiaries, creditors, and the court

You will need these records for the final accounting.

Your Fiduciary Duties

As personal representative, you owe fiduciary duties to the beneficiaries:

• Duty of loyalty: Act in the beneficiaries' interests, not your own
• Duty of care: Manage assets prudently
• Duty to account: Keep accurate records and report to the court
• Duty of impartiality: Treat all beneficiaries fairly

Violating fiduciary duties can result in personal liability and removal from your position.

Step 7: Handle Creditor Claims

After the creditor claims period opens, creditors have three months to file claims. This is a critical phase.

Reviewing Claims

When claims arrive, review each one carefully:

• Is this actually a debt the decedent owed?
• Is the amount correct?
• Was the claim filed on time?
• Can the creditor prove the debt?

Objecting to Invalid Claims

If you believe a claim is invalid, you have 30 days from receiving it to file a written objection with the court. If you do not object in time, the claim is deemed valid.

After you object, the creditor has 30 days to file a lawsuit to pursue the claim. If they miss that deadline, the claim is barred.

Paying Valid Claims

After the claims period ends and you have resolved any objections, pay valid claims in the priority order specified by Florida Statutes Section 733.707:

1. Administration costs (court fees, attorney fees, personal representative fees)
2. Funeral expenses (up to $6,000)
3. Federal debts and taxes with priority
4. Medical and hospital expenses from the last 60 days (up to $3,500)
5. Family allowance
6. Child support arrearage
7. Government claims (Medicaid recovery, state taxes)
8. All other debts

Pay each class in full before moving to the next. If funds are insufficient within a class, pay proportionally.

Step 8: File Tax Returns

The personal representative is responsible for filing required tax returns.

Final Individual Income Tax Return

File Form 1040 for the decedent covering January 1 through the date of death. Due April 15 of the year following death (extensions available).

Estate Income Tax Return

If the estate earns income during administration (interest, dividends, rent), file Form 1041. Due April 15 or the 15th day of the fourth month after the fiscal year ends if you elected a fiscal year.

Federal Estate Tax Return

Form 706 is required only if the gross estate exceeds the federal exemption ($13.61 million per person in 2024). Due nine months from death, extendable to 15 months.

Even if no tax is owed, consider filing Form 706 to elect portability, which preserves the decedent's unused exemption for the surviving spouse.

Florida Estate Tax

Florida does not have a state estate tax. However, if the decedent owned property in other states, those states may have estate or inheritance taxes.

Step 9: Distribute Assets to Beneficiaries

Once debts and taxes are paid and the claims period has ended, you can distribute remaining assets.

Who Gets What

If there is a valid will, follow its instructions. Specific bequests (particular items to particular people) are distributed first. Residuary bequests (whatever is left) go to the residuary beneficiaries.

If there is no will, distribute according to Florida's intestate succession laws. For details, see our Florida intestate succession guide.

How to Distribute

Cash: Write checks from the estate account.

Real estate: Execute a Personal Representative's Deed transferring title to the beneficiary or heirs.

Investment accounts: Work with the brokerage to transfer ownership.

Personal property: Physically deliver items and obtain signed receipts.

Getting Receipts

Have each beneficiary sign a receipt acknowledging what they received. These receipts are part of your final accounting and protect you from later claims that you did not distribute properly.

Court Approval

In formal administration, distribution typically requires court approval. File a petition for distribution or include it in your final accounting. The court confirms that debts are paid and distribution is proper before authorizing it.

Step 10: Close the Estate

The final step is formally closing the estate and obtaining your discharge.

File the Final Accounting

Prepare a detailed accounting showing:

• All assets that came into the estate
• All income received during administration
• All expenses and debts paid
• All distributions to beneficiaries
• The balance (should be zero after final distribution)

Petition for Discharge

File a petition asking the court to approve the accounting and discharge you as personal representative. Serve copies on all beneficiaries.

Beneficiary Consent or Waivers

Beneficiaries can waive formal accounting if everyone agrees. This shortens the closing process. If beneficiaries object to the accounting, the court holds a hearing.

Order of Discharge

If the court approves the accounting, it enters an Order of Discharge. This releases you from further liability as personal representative (except for fraud or misconduct).

What Discharge Means

Once discharged, you are finished. You have no further duties to the estate. Beneficiaries cannot come back later with complaints about how you administered the estate (with limited exceptions for fraud).

How Long Does Florida Probate Take?

Timeframes depend on the type of administration and complexity of the estate.

Why the minimum is six months for formal administration: The three-month creditor claims period cannot be shortened. Add time to open the estate, settle claims, prepare the accounting, and close - six months is the floor.

For more details, see our Florida probate timeline guide.

What Does Florida Probate Cost?

Expect these typical costs:

Attorney and personal representative fees are set by Florida Statutes Section 733.6171. The statutory fee is 3% for the first $1 million of estate value, with lower percentages above that. For a complete breakdown, see our probate attorney fees guide.

Use our probate fee calculator to estimate costs for your situation.

Common Problems and How to Avoid Them

Will Contests

A beneficiary or heir challenges the will's validity. Common grounds: lack of mental capacity, undue influence, improper execution. Will contests can add months or years to probate.

How to minimize risk: The testator should use an attorney, follow formalities, and consider a self-proving affidavit.

Missing Heirs

You cannot find a beneficiary or heir. You must still give them notice and may need to use a professional heir search service or publish additional notice.

Creditor Disputes

A creditor files a questionable claim. You must object within 30 days or be stuck paying it. Keep good records of the decedent's debts.

Family Conflict

Beneficiaries disagree about who gets what, accuse the personal representative of favoritism, or challenge accounting. Clear communication and detailed records help.

Real Estate Problems

Title issues, liens, or disputes over property. Have a title search done early to identify problems.

When problems arise, consult a probate attorney promptly. Waiting usually makes things worse.

Frequently Asked Questions

What triggers probate in Florida?

Probate is triggered when someone dies owning assets solely in their name without beneficiary designations. Joint property, accounts with POD/TOD beneficiaries, trust assets, and retirement accounts with named beneficiaries pass outside probate.

Do all estates go through probate in Florida?

No. Estates consisting entirely of non-probate assets (joint property, beneficiary-designated accounts, trust property) may not need probate at all. Small estates may qualify for disposition without administration.

What is a personal representative in Florida probate?

The personal representative is the person appointed by the court to manage the estate during probate. Other states call this position "executor." The personal representative has legal authority to act on behalf of the estate.

Can I be my own personal representative?

Yes, if you are qualified under Florida law (Florida resident or close relative of the decedent). However, handling probate without an attorney is challenging, and Florida requires attorney representation for most probate cases under Florida Bar rules.

How do I avoid probate in Florida?

Common strategies include: holding property jointly with right of survivorship, using beneficiary designations on accounts, creating a revocable living trust, and using Lady Bird deeds for real estate. See our guide on how to avoid probate in Florida.

Next Steps

Now that you understand the Florida probate process, here is what to do next:

1. Determine what type of probate you need - summary, formal, or disposition without administration
2. Gather documents - death certificates, will, financial records
3. Consult an attorney - Florida generally requires attorney involvement in probate
4. File the petition - begin the process with the court

Find county-specific probate information, including clerk contact details and local forms, in our Florida probate directory.

Need help determining if you need probate? Use our probate assessment tool for personalized guidance.

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Sources:

• Florida Statutes, Chapters 731-735 (Florida Probate Code)
• Florida Statutes Section 732.901 (Production of Wills)
• Florida Statutes Section 733.103 (Formal Administration Required)
• Florida Statutes Section 733.301 (Preference for Personal Representative)
• Florida Statutes Section 733.6171 (Compensation of Attorney and Personal Representative)
• Florida Statutes Section 733.707 (Order of Payment)
• Florida Probate Rules (flcourts.gov)

This guide provides general information about the Florida probate process. Every estate is different. Consult a licensed Florida probate attorney for guidance specific to your situation.

Last updated: January 2026