The Complete Florida Probate Guide

Probate in Florida is the legal process of settling a deceased person's estate. Whether you're a surviving spouse, adult child, or named executor, understanding how Florida probate works is essential to fulfilling your responsibilities correctly.

This guide covers everything you need to know about Florida probate, from determining if probate is required to closing the estate.

When Is Probate Required in Florida?

Probate is typically required when:

• The deceased owned assets solely in their name (not jointly held)
• Assets exceed the small estate threshold
• Real property needs to be transferred
• There are creditors who need to be paid

Probate is NOT required when:

• All assets pass by beneficiary designation (life insurance, retirement accounts)
• Property is held jointly with right of survivorship
• Assets are in a living trust
• Property has a Lady Bird deed
• The estate qualifies for disposition without administration (under $6,000)

Three Types of Florida Probate Administration

Florida offers three main paths through probate, depending on your estate's size and complexity.

1. Disposition Without Administration

Best for: Very small estates under $6,000

This is the fastest option, typically taking 1-2 weeks. See our detailed disposition without administration guide for eligibility and steps. You can use this when:

• The estate's personal property value is less than funeral and final medical expenses
• There's no real property to transfer

Filing fee: $232

2. Summary Administration

Best for: Estates under $75,000 or deaths more than 2 years ago

Summary administration is a simplified process that doesn't require a personal representative. Requirements:

• Estate value under $75,000 (excluding exempt property), OR
• The decedent passed away more than 2 years ago

Filing fee: $236-$346 (depending on estate value) Timeline: 1-3 months

3. Formal Administration

Best for: Larger estates, contested situations, or when ongoing court supervision is needed

Formal administration is required when:

• Estate value exceeds $75,000
• There are disputes among beneficiaries
• Complex assets need professional management
• Creditor claims are anticipated

Filing fee: $401 Timeline: 6-12+ months Attorney required: Yes (per Florida law)

Step-by-Step Probate Process

Step 1: Locate the Will and Important Documents

Before filing, gather:

• Original will (if one exists)
• Death certificate (certified copies)
• Asset documentation (deeds, account statements, vehicle titles)
• List of beneficiaries and their contact information

Step 2: Determine the Appropriate Probate Type

Use our free assessment tool to determine which type of administration applies to your situation.

Step 3: File with the Circuit Court

Probate is filed in the county where the deceased resided. You'll need:

• Petition for Administration
• Death certificate
• Original will (if applicable)
• Filing fee

Find your county's probate court information.

Step 4: Appointment of Personal Representative

The court will appoint a personal representative (executor) to manage the estate. This person must:

• Be a Florida resident or related to the deceased
• Be at least 18 years old
• Not have been convicted of a felony

Step 5: Notify Creditors and Beneficiaries

The personal representative must:

• Publish a Notice to Creditors in a local newspaper
• Send formal notice to known creditors
• Notify all beneficiaries of the administration

Creditors have 3 months from the notice publication to file claims. See our detailed guide on creditor claims in Florida probate.

Step 6: Inventory and Protect Assets

Within 60 days, the personal representative must file an inventory of estate assets. This is one of many critical probate deadlines you cannot miss. The inventory includes:

• Real property
• Bank accounts
• Investments
• Vehicles
• Personal property of significant value

Step 7: Pay Debts and Taxes

Before distributing assets, the estate must pay:

• Valid creditor claims
• Final income taxes
• Estate taxes (if applicable)
• Administrative expenses

Step 8: Distribute Assets and Close the Estate

Once all debts are paid and the creditor period expires:

• Distribute remaining assets per the will or intestate succession
• File final accounting with the court
• Request discharge of personal representative

Florida Probate Costs

Understanding costs upfront helps you plan appropriately.

For a detailed breakdown, see How Much Does Probate Cost in Florida or our comprehensive Florida probate costs guide.

Do I Need a Probate Attorney?

Attorney required: Formal administration in Florida requires attorney representation.

Attorney recommended: Even for summary administration, legal guidance helps avoid costly mistakes.

DIY possible: Disposition without administration can often be handled without an attorney.

Learn more in our guide: Do I Need a Probate Attorney in Florida?

Common Florida Probate Mistakes to Avoid

1. Missing deadlines - Creditor notice periods are strict
2. Distributing assets too early - Wait until the creditor period closes
3. Ignoring homestead rules - Florida's homestead laws affect property distribution
4. Failing to notify beneficiaries - All interested parties must receive proper notice
5. Mixing personal and estate funds - Keep estate accounts separate

See our complete list of common probate mistakes.

Florida Homestead Considerations

Florida's homestead laws are unique and can significantly affect probate:

• Homestead property may pass outside of probate directly to heirs
• The surviving spouse has special rights to the homestead
• Homestead cannot be devised away from a surviving spouse or minor children

Learn more: Florida Homestead and Probate

Next Steps

1. Determine if probate is needed - Take our free assessment
2. Find your county's information - Browse Florida counties
3. Calculate estimated costs - Use our fee calculator
4. Download a checklist - Get our executor checklist

Frequently Asked Questions

How long does probate take in Florida?

Probate timeline depends on the type:

• Disposition without administration: 1-2 weeks
• Summary administration: 1-3 months
• Formal administration: 6-12+ months

Can I avoid probate in Florida?

Yes, through proper estate planning including:

• Living trusts
• Beneficiary designations
• Joint ownership with right of survivorship
• Lady Bird deeds
• Transfer on death designations

See How to Avoid Probate in Florida.

What happens if there's no will in Florida?

Florida's intestate succession laws determine who inherits. Generally:

• Surviving spouse inherits everything if no descendants or all descendants are shared
• Otherwise, assets are divided between spouse and descendants

Learn more: Florida Intestate Succession

How do I transfer property after someone dies?

The process depends on how property was titled. See our complete guide on transferring property after death in Florida.

Related Guides

• Florida Personal Representative Duties
• Florida Summary Administration
• Florida Formal Administration
• How to Avoid Probate in Florida
• Florida Intestate Succession
• Florida Probate Timeline
• Florida Revocable Living Trust
• Florida Estate Planning Basics

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Sources:

• Florida Statutes Chapters 732-735 (Probate Code)
• Florida Probate Rules
• The Florida Bar, "Consumer Pamphlet: Probate in Florida," 2024, https://www.floridabar.org/

This guide is current as of January 2026 and is based on Florida Statutes Chapters 732-735. Laws change; verify information with your county clerk or a qualified Florida probate attorney.