The Complete Guide to Florida Probate (2026)

Probate in Florida is the court-supervised process of collecting a deceased person’s assets, paying valid debts, and distributing what remains to beneficiaries or heirs. It is governed by Chapters 731 through 735 of the Florida Statutes and the Florida Probate Rules, and it plays out in the circuit court of the county where the person lived. Most Florida estates follow one of three paths: disposition without administration for the smallest estates, summary administration for estates at or under $150,000 in non-exempt assets, and formal administration for everything else.

This guide walks through the entire process: when probate is required, how each path works, what it costs, how long it takes, which assets are exempt, what the personal representative does, and how families can avoid probate with planning. Along the way we link to our deeper guides on each topic.

What Is Probate in Florida?

When someone dies owning assets in their own name, no living person automatically has the legal authority to sell the house, close the bank account, or sign over the car title. Probate exists to supply that authority. The circuit court validates the will if there is one, appoints a personal representative (Florida’s term for what other states call an executor), and supervises the payment of debts and the distribution of what remains.

Florida probate law lives in Chapters 731 through 735 of the Florida Statutes, known collectively as the Florida Probate Code, and in the Florida Probate Rules issued by the Florida Supreme Court. Together they control who may serve, what notices must be given, how creditors are handled, and when the estate can close.

Probate serves three practical purposes. It transfers clear, marketable title to heirs, which is what allows a house to be sold later. It cuts off creditor claims after a defined window, which protects the family from surprise debts years down the road. And it provides a referee when beneficiaries disagree. For a closer look at what the attorney’s role is in all of this, see our guide to what a Florida probate lawyer does.

When Probate Is Required (and When It Is Not)

The test is title, not the existence of a will. Probate is required when the decedent owned assets in their sole name with no beneficiary designation, no surviving joint owner, and no trust or deed that transfers them automatically. A single unplanned bank account is enough to require a proceeding.

Assets that pass outside probate include jointly owned property with survivorship rights, accounts with payable-on-death designations, life insurance and retirement accounts with living named beneficiaries, assets titled in a revocable living trust, and real estate held under a lady bird deed. We cover the full analysis, including what happens if no one opens probate, in our dedicated guide: When Is Probate Required in Florida?

The Three Probate Paths in Florida

Disposition without administration under F.S. 735.301 is a court order rather than a true probate. It is limited to reimbursing whoever paid funeral and final medical expenses when the estate holds only exempt personal property and modest non-exempt assets.

Summary administration under F.S. 735.201 is the shorter court proceeding. The threshold doubled from $75,000 to $150,000 under HB 1337, effective July 1, 2026; our article on the new $150,000 threshold explains who benefits. No personal representative is appointed; the court orders distribution directly. Our summary administration page covers the details, and we handle it for a flat fee of $4,500.

Formal administration under Chapter 733 is the full process described in the next section. It is required above the threshold and often wise below it when the estate has significant debt, because its creditor process cuts claims off in a way summary administration does not. See our formal administration page for how we manage it.

The Florida Probate Process, Step by Step

Here is how a typical formal administration unfolds:

1. Deposit the will. Whoever holds the original will must file it with the clerk of court within 10 days of learning of the death, under F.S. 732.901.
2. File the petition for administration. The petition opens the case in the circuit court of the county where the decedent lived, identifies heirs and beneficiaries, and asks the court to appoint a personal representative.
3. The court appoints the personal representative and issues letters of administration. The letters are the document banks and title companies actually rely on. Our guide to the Florida letter of administration explains how to get them and what they unlock.
4. Notice to creditors is published and served. Known creditors receive direct notice; others are notified by newspaper publication. Creditors then generally have three months to file claims under F.S. 733.702.
5. Inventory the estate. The personal representative files an inventory of probate assets with values, typically within 60 days of the letters issuing.
6. Resolve claims, expenses, and taxes. Valid claims are paid in the statutory order of priority; disputed claims are objected to and litigated if necessary. Florida has no state estate tax, but final income tax returns are still due.
7. Address homestead and exempt property. The court confirms the protected status of the homestead and sets aside exempt property for the spouse and children.
8. Account and distribute. The personal representative provides a final accounting, distributes the remaining assets, and obtains receipts.
9. Close the estate. The court discharges the personal representative, ending their authority and liability.

Under Florida Probate Rule 5.030, the personal representative in a formal administration generally must be represented by an attorney unless the personal representative is the only interested person. That rule exists because the role carries personal liability for mistakes in notice, claims handling, and distribution.

How Long Does Probate Take in Florida?

Summary administrations usually finish in a few weeks to a few months. Formal administrations typically run six months to a year: the three-month creditor window sets the floor, and court calendars, real estate sales, tax filings, and family disagreements set the ceiling. Contested estates can run considerably longer.

Two of our guides go deeper: How Long Does Probate Take in Florida? breaks down the timeline stage by stage, and How Long Can an Estate Stay Open in Florida? covers what happens when an estate lingers.

What Does Probate Cost in Florida?

Costs fall into three buckets: court costs (filing fees around $400 to $450 in most counties, plus publication and certified copies), the attorney’s fee, and any extras like appraisals or accountant fees. At Bucelo Diaz Law, summary administration is a flat fee of $4,500, and fees for a straightforward formal administration start at $8,500. Estates with litigation, real estate sales, or tax complications cost more, and we discuss that openly before we begin.

For a full breakdown, including filing fees for every county, see our Florida probate cost guide.

Exempt Assets, Homestead, and Family Protections

Florida law shields certain property from most creditor claims, which means it passes to the family regardless of the estate’s debts:

• The homestead. The decedent’s primary residence is constitutionally protected from most creditors under Article X, Section 4 of the Florida Constitution, and its devise is restricted when a spouse or minor child survives under F.S. 732.401.
• Exempt personal property under F.S. 732.402: household furnishings up to $20,000 and two motor vehicles regularly used by the family, among other items.
• Family allowance up to $18,000 for the support of the surviving spouse and dependents during administration, under F.S. 732.403.
• The elective share. A surviving spouse cannot be disinherited; they may claim 30 percent of the elective estate under F.S. 732.2065.

Exempt property does not count toward the $150,000 summary administration threshold, which is why many estates with a home qualify for the shorter path. Our guide to assets exempt from probate in Florida covers each category in detail.

Dying Without a Will: Florida Intestate Succession

When there is no valid will, Florida’s intestate succession statutes decide who inherits. The surviving spouse takes everything if there are no descendants, or if all descendants are also the spouse’s. When either spouse has children from another relationship, the spouse takes half and the descendants share the other half. With no spouse, the estate passes to descendants, then parents, then siblings, in the order set by F.S. 732.102 and 732.103.

The process itself is the same summary or formal administration; only the beneficiaries change. Our guide to Florida’s inheritance laws explains the rules, and the Florida intestate succession chart shows who inherits in each family situation at a glance.

The Personal Representative: Who Serves and What They Do

The personal representative gathers assets, notifies creditors, pays valid claims, files tax returns, and distributes the estate. Florida limits who may serve under F.S. 733.302 through 733.304: a Florida resident, or a non-resident only if they are a close relative of the decedent. Convicted felons and those under 18 cannot serve. The will’s nominee has first priority; without a will, the surviving spouse, then a majority of heirs.

Personal representatives are entitled to compensation, presumed reasonable at 3 percent of the first $1 million of the estate under F.S. 733.617, though family members often waive it. They are fiduciaries: mishandling claims, self-dealing, or careless distributions create personal liability, which is the practical reason the attorney requirement exists and why beneficiaries who suspect problems have remedies. If you are a beneficiary with concerns about how an estate is being handled, our beneficiary representation page explains your options.

Creditors and Claims

Formal administration gives creditors a defined window: three months from first publication of the notice to creditors, or 30 days from direct service for known creditors, whichever is later. Claims not filed in time are barred. Independent of any notice, F.S. 733.710 extinguishes virtually all claims two years after death. That two-year bar is why estates opened years late are often simpler, and it interacts with the summary administration rules in ways that favor waiting families.

Where Probate Happens: Florida’s Probate Courts

Probate is filed in the circuit court of the county where the decedent resided at death, under F.S. 733.101. Each of Florida’s 67 counties has its own clerk, filing logistics, local forms, and judicial practices, and everything is filed electronically through the statewide e-filing portal. County differences are real: hearing practices in Miami-Dade differ from Marion or Collier. Our Florida probate county directory has a dedicated guide for every county, covering the local circuit, courthouse, and filing details.

How to Avoid Probate in Florida

Probate avoidance happens before death, through titling and planning:

• A revocable living trust holds assets during life and passes them under the trust’s terms at death, no court involved. See our guide to the revocable living trust in Florida.
• A lady bird deed passes Florida real estate directly to named beneficiaries while the owner keeps full control for life. Our lady bird deed guide covers how it works.
• Beneficiary designations on life insurance, retirement accounts, and payable-on-death bank accounts move those assets outside probate.
• Survivorship titling, including tenancy by the entirety between spouses, passes property automatically to the survivor.

A well-built estate plan usually combines several of these. The goal is not avoiding probate for its own sake; it is making sure the family inherits quickly, privately, and without unnecessary cost.

Out-of-State Decedents: Ancillary Probate

When someone who lived in another state dies owning Florida real estate, their home-state probate cannot transfer Florida land. Florida requires a separate ancillary probate here, coordinated with the primary administration. This comes up constantly with snowbirds and investment property owners, and it is one more reason out-of-state owners often use a lady bird deed or trust for their Florida property.

Talk to a Florida Probate Attorney

Probate is a process, and you do not have to walk it alone. Call us at 954.399.1910 or schedule a free 30-minute phone consultation. We also offer Zoom consultations, in English and Spanish, and we handle probate in all 67 Florida counties. Attorney advertising.

About the Author

Alexis Bucelo Diaz, Esq., LL.M. is the founding attorney of Bucelo Diaz Law, PLLC. She holds a Master of Laws (LL.M.) in Estate Planning from the University of Miami School of Law and has more than 15 years of focused experience in Florida estate planning, probate, and real property law. Florida Bar #86918. Selected to Super Lawyers Rising Stars in 2025.