Florida Probate Guide
County-specific probate court contacts, filing fees, required forms, and step-by-step estate settlement guidance for executors in Florida.
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Florida Probate Guides
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How to Avoid Probate in Florida
5 strategies to keep assets out of probate court and transfer property to heirs faster.
Florida Small Estate Affidavit
Skip probate entirely for estates under $75,000 using this simplified procedure.
Florida Summary Administration
The simplified probate process for smaller estates or when 2+ years have passed.
Florida Homestead Exemption in Probate
How Florida's homestead laws protect the family home during probate.
Types of Probate in Florida
Florida offers several probate procedures depending on estate value and circumstances.
Formal Administration
Required for larger estates or when court supervision is needed.
- Timeline
- 6-12 months
- Attorney
- Required
Summary Administration
Available for smaller estates meeting specific criteria.
- Timeline
- 1-3 months
- Attorney
- Recommended
Disposition Without Administration
For very small estates, may avoid formal probate entirely.
- Timeline
- 1-2 weeks
- Attorney
- Optional
Florida Probate Courts by County
67 counties with detailed data
Florida Estate Law Overview
Florida Estate Tax Info
Florida is one of the most tax-friendly states for estates and inheritances.
Federal estate tax info
Federal estate tax only applies to estates exceeding $13,990,000 (2025).
The current high exemption amounts are scheduled to 'sunset' at the end of 2025, potentially dropping to approximately $6-7 million (adjusted for inflation).
Who Inherits Without a Will?
Intestate succession determines how a person's property is distributed when they die without a valid will.
View spouse inheritance rules
The surviving spouse receives the entire intestate estate.
When both spouses have the same children and the surviving spouse has no children from other relationships, the spouse receives everything.
The surviving spouse receives half, and the decedent's descendants share the other half per stirpes.
Even though all the decedent's children are shared, if the spouse has other children, the spouse only gets half.
View order of inheritance (no spouse)
- 1ParentsEqually to both parents, or all to the surviving parent
- 2Siblings and their descendantsEqually to siblings; deceased sibling's share to their descendants per stirpes
- 3Grandparents, aunts, uncles, and their descendantsHalf to paternal side, half to maternal side. Within each side: first to grandparents, then to aunts/uncles and their descendants
- 4Kindred of last deceased spouseIf no blood relatives exist, estate goes to the kindred of the decedent's last deceased spouse
Florida Homestead Protection
Florida homestead law is among the strongest in the nation, providing three distinct types of protection: creditor exemption, restrictions on devise (transfer at death), and property tax benefits.
Size limits & qualifications
Inside city limits: 0.5 acres (one-half acre)
Outside city limits: 160 acres
Property types: Single-family home, Condominium, Townhouse, Mobile home (if owner also owns land or has long-term lease), Manufactured home permanently affixed to land, Multi-family property (if owner occupies one unit)
Restrictions on leaving homestead in will
With spouse, no minor children:
Homestead may ONLY be devised to the surviving spouse
With minor children:
Homestead CANNOT be devised at all - it descends by operation of law
Exempt Property
Florida law provides that certain property of a decedent is 'exempt' from claims of creditors and passes directly to the surviving spouse and/or children, outside of the normal probate distribution.
View exempt items
Family Allowance
$18,000 - In addition to exempt property, the surviving spouse and dependent children are entitled to a 'family allowance' for their maintenance during administration.
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Florida Community Property: Why Florida Is Different (And What It Means for Your Estate)
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Florida Probate Forms: The Full List of Required Documents
Florida probate forms full list. Find every form you need for formal administration, summary administration, and other Florida probate proceedings.
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