Probate Without a Lawyer in Florida: When You Can DIY and When You Cannot

Many Florida families ask whether they can handle probate themselves to save on attorney fees. The answer is not straightforward. For some types of probate, Florida law requires attorney representation. For others, you can legally proceed on your own, though doing so carries risks.

This guide explains when you can handle Florida probate yourself, provides step-by-step instructions for DIY probate, and helps you understand when the potential savings are not worth the risk. If you're unfamiliar with the overall process, start with our Florida probate process guide for context.

The Quick Answer

Formal Administration: Attorney required by law. You cannot do this yourself.

Summary Administration: Legally possible without an attorney, but difficult. Attorney recommended if real estate is involved.

Disposition Without Administration: Can often be done yourself. Simplest option.

Why Formal Administration Requires an Attorney

Florida Statutes Section 733.212 explicitly requires personal representatives in formal administration to be represented by an attorney. The only exception: if you are the sole beneficiary of the estate (no other beneficiaries, no creditors with claims).

This is not a recommendation or best practice. It is the law. Courts enforce this requirement strictly.

What Happens If You Try to Proceed Without an Attorney

If you file formal administration documents without attorney representation:

• The court will reject your filings
• You will be told to obtain counsel
• Any actions you took may be invalid
• You waste filing fees and time
• The estate administration is delayed

Why the Law Requires Attorneys

The requirement exists because:

Fiduciary duties are complex. Personal representatives owe duties to beneficiaries and creditors. Understanding and fulfilling these duties requires legal training.

Third parties are affected. Beneficiaries and creditors have rights that the personal representative must protect. Non-lawyers handling formal administration too often violate those rights.

Mistakes are hard to fix. Errors in probate can create title problems, tax issues, and liability that persist for years.

Courts need proper documents. Judges and clerks cannot process legally deficient filings. Attorneys know how to prepare documents correctly.

No Exceptions For

• Simple estates with few assets
• All beneficiaries agreeing to waive attorney requirement
• Family harmony
• Small estates that exceed the summary administration threshold

If formal administration is required and you are not the sole beneficiary, you must have an attorney. Period.

When You Can Handle Probate Yourself

Two types of Florida probate can legally be done without an attorney.

Disposition Without Administration

This is the simplest probate option and the most realistic for self-representation.

Eligibility requirements:

• Estate consists only of personal property (no real estate)
• Total value is less than funeral expenses plus final medical expenses
• Practically, this means estates around $6,000 or less

What you file:

• A simple petition asking the court to authorize payment of expenses
• Death certificate
• Documentation of funeral and medical expenses

What you do not file:

• No inventory
• No accounting
• No formal creditor process

The court enters an order authorizing the funeral home and medical providers to be paid directly. No personal representative is appointed. No distribution to beneficiaries occurs through this process - it only covers paying final expenses.

Summary Administration

Summary administration is more complex but can legally be done without an attorney in Florida.

Eligibility requirements:

• Estate value is $75,000 or less (excluding homestead and exempt property), OR
• The decedent died more than two years ago

The challenge: While legally permitted, DIY summary administration is difficult. The petition has many technical requirements. Errors cause rejection and delay. If real estate is involved, title issues require legal expertise.

Step-by-Step: DIY Disposition Without Administration

If your estate qualifies for disposition without administration, here is how to proceed.

Step 1: Confirm Eligibility

Verify the estate meets all requirements:

• No Florida real estate
• Only personal property remains
• Total value is less than funeral costs plus two months of final medical expenses
• You have documentation of the expenses

If the estate does not meet these requirements, you need summary or formal administration instead.

Step 2: Gather Required Documents

Death certificates: Order at least three certified copies from the Florida Department of Health or county health department.

Expense documentation:

• Funeral home invoice showing amount due
• Hospital and medical bills from the last 60 days
• Any other final expenses

Asset information:

• Bank statements showing account balances
• List of any personal property with estimated values

Beneficiary information:

• Names and addresses of people who would inherit if there were no expenses to pay

Step 3: Obtain the Correct Forms

Contact the clerk of court in the county where the decedent lived. Ask for:

• Petition for Disposition Without Administration
• Any local forms or instructions
• Current filing fee amount (approximately $235)

Some counties have forms available online. Others require you to visit the clerk's office.

Step 4: Complete the Petition

Fill out the petition carefully. Required information typically includes:

• Decedent's name, date of death, and last address
• Statement that the estate qualifies for this procedure
• List of assets and their values
• List of expenses to be paid
• Names of the funeral home and medical providers
• Names and addresses of interested parties

Double-check every entry. Errors cause rejection.

Step 5: File with the Court

Submit your completed petition, death certificate, and filing fee to the probate clerk. You can typically file:

• In person at the clerk's office
• By mail (include a self-addressed stamped envelope)
• Electronically in some counties

Step 6: Wait for the Court Order

The court reviews your petition. Processing time varies by county - typically one to three weeks.

If the petition has problems, the court will notify you of deficiencies. You must correct them and refile.

If approved, you receive an Order for Disposition Without Administration.

Step 7: Use the Order to Pay Expenses

Take the court order to the funeral home and medical providers. The order authorizes them to collect payment directly from estate assets (typically bank accounts).

You may need to take the order to the bank to release funds.

Step-by-Step: DIY Summary Administration

Summary administration is more complex. Proceed carefully if attempting this yourself.

Step 1: Confirm Eligibility

Verify the estate qualifies:

• Total probate estate (excluding homestead and exempt property) is $75,000 or less, OR
• Decedent died more than two years ago

Important: Exempt property includes household goods up to $20,000, two vehicles, and certain other items. Homestead is excluded entirely. Only non-exempt, non-homestead probate assets count toward the $75,000 threshold.

Step 2: Gather All Required Information

Death certificates: At least five certified copies.

Will: The original, if one exists. Must be filed with the court.

Asset inventory:

• Complete list of all assets
• Current values (date-of-death values for stocks, real estate)
• How each asset is titled
• Account numbers and institution names

Beneficiary information:

• Full legal names
• Current addresses
• Relationship to decedent
• Social Security numbers (for some purposes)

Creditor information:

• List of all known debts
• Creditor names and addresses
• Amounts owed

Homestead information (if applicable):

• Legal description of homestead property
• How it is titled
• Who will inherit it

Step 3: Determine Who Must Sign the Petition

Summary administration petitions must be signed by:

• The surviving spouse (if any), AND
• All beneficiaries who will receive assets

If anyone refuses to sign, you may need an attorney to pursue alternatives.

Step 4: Complete the Petition for Summary Administration

The petition must include:

• Decedent's full legal name, date of death, and domicile
• Statement that the estate qualifies for summary administration
• Complete inventory of assets with values
• Description of homestead property (if any)
• Full list of all beneficiaries with addresses
• Proposed distribution showing who receives what
• Statement regarding creditors
• Statement that two years have passed since death (if that is your basis)
• Signatures of petitioners

Florida Supreme Court Form 5.530 provides a template, but many counties have local requirements.

Step 5: Prepare Supporting Documents

Depending on your situation, you may need:

• Oath of witnesses to prove the will (if will was not self-proving)
• Waiver and consent from beneficiaries
• Proof of death (certified death certificate)
• Property descriptions (for real estate)

Step 6: File with the Court

Submit to the circuit court probate division:

• Petition for Summary Administration
• Original will (if one exists)
• Death certificate
• Any required oaths or waivers
• Filing fee (approximately $345)

Step 7: Wait for Court Review

The court reviews your petition. This can take:

• One to two weeks in smaller counties
• Three to six weeks in larger counties

If there are problems, the court issues a deficiency notice. You must correct issues and refile or respond.

Step 8: Receive the Order

If approved, the court enters an Order of Summary Administration. This order:

• Identifies the beneficiaries
• Specifies what each beneficiary receives
• Authorizes transfer of assets

Step 9: Transfer Assets Using the Order

Take the court order to financial institutions to transfer accounts. For real estate, record the order with the county clerk to transfer title.

Real estate warning: Recording the court order may not be sufficient in all cases. Some title companies require additional documentation. Errors can cloud title and create problems when beneficiaries try to sell or refinance.

Common DIY Probate Mistakes

Filing the Wrong Type of Probate

Choosing summary when formal is required (or vice versa) wastes time and money. Your petition is rejected, and you start over.

Incomplete or Incorrect Petitions

Courts reject petitions with missing information, incorrect legal descriptions, or improper signatures. Every field matters.

Failing to Identify All Beneficiaries

If you miss a beneficiary, the order may be invalid. That beneficiary may later challenge the distribution.

Improper Handling of Creditors

In summary administration, creditors are not cut off by a formal claims period. Beneficiaries may be liable to creditors who were not properly addressed.

Real Estate Title Problems

Transferring real estate without proper legal guidance can create title defects that prevent future sales or refinancing. Title companies may refuse to insure the property.

Missing Deadlines

Probate has strict time limits. Missing them creates complications that may require court hearings to resolve.

When You Should Hire an Attorney Even If Not Required

DIY probate is legally possible for disposition without administration and summary administration, but consider hiring an attorney anyway if:

Real Estate Is Involved

Transferring real estate requires precise legal descriptions, proper deeds, and correct recording procedures. Errors create title problems that can take years and thousands of dollars to fix. For Florida homes, you'll also need to understand Florida homestead probate rules, which have constitutional protections that affect how property passes to heirs.

Any Beneficiary Disagrees

Even minor disagreements can escalate. If beneficiaries are not completely cooperative, professional guidance prevents conflicts from derailing the process.

The Estate Has Debts

Creditor issues are technical. Improper handling can leave you or beneficiaries personally liable for the decedent's debts. Our guide on creditor claims in Florida probate explains the required notice procedures and payment priority rules.

Tax Complications Exist

Estate income taxes, final income tax returns, or potential estate tax issues require professional expertise.

You Are Uncomfortable with Legal Procedures

If legal forms, court procedures, and deadlines feel overwhelming, the cost of mistakes exceeds the cost of an attorney.

Multiple Beneficiaries Have Different Interests

When beneficiaries have competing interests (different parents' children, spouse vs. children, etc.), neutral professional guidance helps.

Time Is Limited

Attorneys know how to move efficiently through the process. If you cannot dedicate significant time to learning procedures and completing paperwork, professional help is worth it.

Resources for DIY Probate

Florida Courts Self-Help Resources

The Florida Courts website (flcourts.gov) provides forms and instructions. Many circuit courts have self-help centers with staff who can provide procedural guidance (though not legal advice).

County Clerk's Office

Probate clerks cannot give legal advice, but they can:

• Provide correct forms for your county
• Explain filing procedures and fees
• Tell you what documents are required
• Direct you to self-help resources

Find your county clerk at our Florida probate directory.

Legal Aid Organizations

If you cannot afford an attorney, free or low-cost help may be available:

• Florida Bar Lawyer Referral Service: (800) 342-8011
• Local legal aid societies (income-qualified)
• Law school clinics
• Pro bono programs

Limited Scope Representation

Some attorneys offer "unbundled" or limited scope services where they help with specific tasks (reviewing your petition, answering questions) at lower cost than full representation.

Cost Comparison: DIY vs. Attorney

DIY costs include filing fees, death certificates, and publication costs (if required). They do not include the value of your time or the cost of fixing mistakes. For detailed fee breakdowns, see our guides on Florida probate filing fees and probate attorney fees in Florida.

Frequently Asked Questions

Can a family member who is an attorney represent the estate?

Yes. If a family member is a licensed Florida attorney in good standing, they can represent the estate. The requirement is for licensed legal counsel, not independent counsel.

What if all beneficiaries agree we do not need an attorney?

Beneficiary agreement does not override the legal requirement for formal administration. If formal administration is required, you must have an attorney regardless of what beneficiaries prefer.

Can I start DIY and hire an attorney if I get stuck?

Yes, but it often costs more to fix problems than to do it correctly from the start. An attorney may need to correct errors, file amended documents, or address complications your DIY attempt created.

What if I make a mistake on my DIY petition?

The court will reject the petition and notify you of deficiencies. You correct the errors and refile. This adds time and potentially additional fees.

Is online form preparation a good alternative to an attorney?

Online document preparation services can help fill out forms, but they cannot give legal advice. They do not know your specific situation and cannot catch errors in your approach. Use them cautiously and only for simple situations.

The Bottom Line

DIY probate is possible in Florida for disposition without administration and summary administration. But "possible" does not mean "advisable" in all cases.

Good candidates for DIY probate:

• Very small estates (under $6,000)
• Simple summary administration with no real estate
• All beneficiaries agree and cooperate
• No creditor issues
• You have time and willingness to learn procedures

Poor candidates for DIY probate:

• Any estate requiring formal administration
• Estates with real estate
• Beneficiary disagreements
• Significant creditor claims
• Tax complications
• Time pressure

The cost of attorney fees may seem high, but the cost of probate mistakes - delays, title problems, personal liability, family conflict - is often higher.

Next Steps

If you are considering DIY probate:

1. Determine which type of probate you need - see our guide on formal vs. summary administration
2. Contact your county clerk for local forms and requirements
3. Gather all necessary documents before starting
4. Consider a consultation with an attorney to confirm you are on the right track

Find your county's probate information at our Florida probate directory.

For help deciding whether you need an attorney, see our guide on whether you need a probate attorney in Florida.

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Sources:

• Florida Statutes Section 733.212 (Notice of Administration; Attorney Requirement)
• Florida Statutes Section 735.201 (Summary Administration)
• Florida Statutes Section 735.301 (Disposition Without Administration)
• Florida Bar Consumer Pamphlet: Probate in Florida
• Florida Courts Self-Help Resources

This guide provides general information about handling probate without a lawyer in Florida. Probate law is complex, and mistakes can be costly. When in doubt, consult a licensed Florida attorney.

Last updated: January 2026