Florida Estate Administration

Florida Probate: What It Is, How It Works, and How to Navigate It

A clear, honest guide to Florida’s probate process—what families should expect, what it costs, and what can be done to minimize or avoid it entirely.

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The Basics

What Is Florida Probate and When Is It Required?

Probate is the court-supervised legal process through which a deceased person’s estate is administered, debts are paid, and remaining assets are transferred to heirs or beneficiaries. In Florida, probate is governed by the Florida Probate Code (Chapters 731 through 735, Florida Statutes) and is administered through the circuit court in the county where the decedent was domiciled at the time of death.

Probate is required in Florida whenever a person dies owning assets that are titled solely in their own name and that do not pass automatically by some other legal mechanism—such as a beneficiary designation, joint ownership with right of survivorship, or a trust. The probate process provides a structured, court-supervised method for ensuring that valid debts and claims against the estate are resolved before assets are distributed to beneficiaries.

Assets That Are Subject to Probate in Florida

✦Real estate titled solely in the decedent's name (with no survivorship designation)
✦Bank and investment accounts without a named beneficiary or payable-on-death designation
✦Personal property—vehicles, jewelry, furniture, and other tangible assets—in the decedent's name alone
✦Business interests without a buy-sell agreement or succession plan
✦Accounts or assets where the named beneficiary has predeceased the account holder

Assets That Are NOT Subject to Probate in Florida

✦Assets held in a revocable or irrevocable trust
✦Life insurance policies with a living, named beneficiary
✦Retirement accounts (IRAs, 401(k)s) with a living, named beneficiary
✦Bank accounts with a payable-on-death (POD) or transfer-on-death (TOD) designation
✦Real property titled as joint tenants with right of survivorship or tenancy by the entireties
✦Property transferred via a properly executed Lady Bird Deed

“Probate is not inevitable. With proper planning, most—or all—of your estate can pass to your loved ones without ever entering a courthouse.”

Florida Probate Options

Types of Probate Administration in Florida

Florida law provides several distinct processes for administering a decedent’s estate, depending on the size of the estate, the nature of the assets, and the circumstances of the death. Understanding which process applies is the first step in navigating estate settlement.

Most Common

Formal Administration

Required when the estate’s probate assets exceed $75,000 or when the decedent has been dead less than two years. This is the full probate process—involving court filings, appointment of a personal representative, creditor notice, and judicial supervision of distributions.

Timeline: typically 9 to 18 months, sometimes longer for complex estates. Attorney representation is required by Florida law.

Smaller Estates

Summary Administration

Available when the probate estate’s value does not exceed $75,000 (excluding exempt property) or when the decedent has been dead for more than two years. Summary administration is a simplified process that does not require appointment of a personal representative and is typically concluded within a few weeks to a few months.

No ongoing court supervision—assets are distributed by court order after a single petition.

Non-Resident Owners

Ancillary Administration

Required when a non-Florida resident dies owning real property or other assets in Florida. This is a separate Florida probate proceeding, conducted in addition to any probate in the decedent’s home state. Ancillary administration follows the same formal or summary process depending on the Florida estate’s value.

Entirely avoidable with a Florida-specific trust or Lady Bird Deed.

Disposition of Remains

Disposition Without Administration

The simplest option—available only when the only assets are exempt personal property or amounts owed to the decedent that do not exceed the value of funeral expenses and final medical bills. Not a true probate proceeding; handled by filing an affidavit with the court.

Rarely available, but worth exploring for very modest estates.

Step by Step

Florida's Formal Probate Administration Process: What to Expect

Florida formal administration follows a structured sequence of steps governed by the Florida Probate Code. While the timeline varies depending on the estate’s complexity, creditor claims, and court scheduling, here is what families can generally expect.

File a Petition for Administration

An attorney files a petition with the circuit court in the county where the decedent was domiciled. The petition identifies the decedent, the proposed personal representative, and the nature of the estate. The original will (if any) must be deposited with the court within 10 days of the decedent's death under Florida law.

Appointment of the Personal Representative

The court issues Letters of Administration to the personal representative—the individual or institution responsible for managing and settling the estate. The personal representative has a fiduciary duty to the estate's beneficiaries and creditors. In Florida, a non-resident personal representative must be a lineal ancestor or descendant of the decedent, or a Florida-licensed attorney.

Notice to Creditors and Beneficiaries

The personal representative must publish a Notice to Creditors in a local newspaper for two consecutive weeks and serve notice on all known creditors. Creditors then have 90 days from the date of the first publication (or 30 days from the date of service, whichever is later) to file a claim against the estate. This creditor notice period is a mandatory minimum waiting period that cannot be shortened.

Inventory and Appraisal of Estate Assets

The personal representative must prepare a detailed inventory of all probate assets and their fair market values as of the date of death. The inventory is filed with the court and served on interested parties. For complex estates, professional appraisals of real estate, business interests, and other non-liquid assets may be required.

Payment of Debts, Taxes, and Administration Expenses

After the creditor period closes, the personal representative pays valid claims, funeral expenses, estate administration costs (including attorney fees and personal representative compensation), and any applicable taxes from estate assets. Florida has no state estate tax, but federal estate tax may apply to larger estates. Final income tax returns for the decedent must also be filed.

Distribution to Beneficiaries

After debts are paid, the personal representative distributes the remaining assets to the beneficiaries named in the will—or, if there is no will, according to Florida's intestacy statutes. A petition for discharge is filed with the court, and upon approval, the personal representative is released from their duties and the estate is officially closed.

What Probate Really Costs

The True Cost of Florida Probate: Fees, Time, and the Public Record

One of the most important reasons to engage in estate planning is to minimize or eliminate the costs of Florida probate. These costs take several forms, and families are often surprised by the total impact on the estate they expected to inherit.

Choosing Your Agent: The Most Important Decision

Attorney Fees (statutory schedule, §733.6171)

3% – 5%+ of gross estate

Personal Representative Compensation

3% of estate (statutory)

Court Filing Fees

$300 – $400+

Publication of Notice to Creditors

$100 – $300

Appraisal and Inventory Costs

Varies by asset type

Typical Timeline

9 – 24 months

Florida’s statutory attorney fee schedule for probate (§733.6171) is based on a percentage of the gross estate value—not the net value after debts. This means attorney fees are calculated on the total appraised value of all probate assets, regardless of what the estate actually owes. On a $500,000 probate estate, statutory attorney fees alone may exceed $15,000.

Probate Is Public Record

When an estate enters Florida probate, the will, the inventory of assets, the names of beneficiaries, and the details of all distributions become part of the public court record—accessible to anyone who searches the courthouse files. For families who value privacy, a funded revocable trust eliminates this exposure entirely. Trust administrations occur privately, without court involvement or public disclosure.

Florida Law Considerations

Key Florida Probate Law Issues Every Family Should Understand

Florida's Mandatory Attorney Requirement

Unlike many states that allow an individual to serve as their own representative and handle probate without legal counsel, Florida law generally requires that a personal representative in a formal administration be represented by a Florida-licensed attorney (Florida Probate Rule 5.030). This requirement ensures that the process is handled correctly but also means attorney fees are an unavoidable component of Florida formal probate.

Homestead Property and Probate

Florida’s homestead laws create unique complications in the probate process. A homestead property is exempt from the claims of the decedent’s creditors (with certain exceptions), but it is also subject to strict rules about how it passes at death. If a homestead is devised in a will, the court must determine whether the devise is constitutionally valid before the property can be transferred. Improper homestead devises can require court proceedings to correct, adding time and cost to an already complex administration.

Will Contests in Florida Probate

Any interested party—including an heir who believes they were wrongfully excluded, a beneficiary under a prior will, or a creditor—may contest the admission of a will to probate. Florida recognizes several grounds for will contests, including lack of testamentary capacity, undue influence, fraud, and improper execution. Once a will is contested, the probate proceeding can extend significantly in time and cost. A funded revocable trust is substantially more difficult to contest than a will and does not go through the public probate process.

Creditor Claims and the Estate's Obligations

The personal representative has a legal obligation to identify and pay valid creditor claims before distributing assets to beneficiaries. In Florida, certain creditors—including the Department of Revenue, the IRS, and Medicaid (through the estate recovery program)—have priority claims. Distributing assets to beneficiaries before satisfying valid creditor claims can expose the personal representative to personal liability. Our attorneys guide personal representatives through this process to ensure all obligations are properly addressed.

Ancillary Probate for Non-Florida Residents

Florida requires a separate ancillary probate proceeding whenever a non-Florida resident dies owning Florida real property in their individual name. This creates the burden of two simultaneous probate proceedings in two different jurisdictions—often with different attorneys, different court systems, and different timelines. For families dealing with a parent or relative who owned a Florida vacation home, this can be a significant and unexpected complication. The solution—a Florida-specific trust or Lady Bird Deed—is straightforward when put in place in advance.

Do Not Wait to Address a Florida Estate

In Florida, a will must be deposited with the circuit court within 10 days of learning of the testator's death (Florida Statute §732.901). Failure to deposit a will can expose the person holding it to liability. Additionally, delaying the opening of a probate estate can complicate the personal representative's ability to manage assets, respond to creditors, and protect the estate's value. If you are a personal representative or a family member navigating a Florida estate, contacting an attorney promptly is essential.

How to Avoid Florida Probate: Planning Strategies

The most reliable way to protect your family from the time, cost, and public exposure of Florida probate is to plan in advance. Effective probate avoidance strategies include:

Our Probate Services

How The Estate Planning Attorneys Help Families Navigate Florida Probate

Whether you are a personal representative tasked with administering a loved one’s estate, a beneficiary trying to understand your rights, or someone who has just lost a family member and is unsure where to begin—our attorneys are here to guide you through every step of the Florida probate process with competence, compassion, and clarity.

We handle both formal and summary probate administrations, ancillary probate for non-Florida residents, and the full range of post-death estate settlement tasks: marshaling and appraising assets, managing creditor claims, preparing and filing required court documents, resolving title issues, and coordinating distributions to beneficiaries. We also advise personal representatives on their fiduciary duties and work to protect them from personal liability.

For families who want to avoid putting future generations through the same process, we also offer comprehensive estate planning services that are specifically designed to minimize or eliminate the need for Florida probate—including revocable trusts, Lady Bird Deeds, and beneficiary designation reviews. It is never too early to put a plan in place, and we make the process simple, fast, and accessible from the convenience of your home.

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