Florida's probate process is more structured than many states — with statutory attorney fees, strong homestead protections, and a simplified path for smaller estates. Whether your family is facing a full administration or a summary proceeding, this guide explains what to expect every step of the way.
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Does Florida Require Probate?
Not always. Assets that pass outside of probate — such as those held in a living trust, accounts with payable-on-death designations, jointly owned property with right of survivorship, or accounts with named beneficiaries — do not go through the court. Probate is required only for assets owned solely in the deceased's name without a beneficiary designation.
Summary Administration: Florida's Simplified Probate
Florida offers two main tracks. If the estate's gross value (excluding exempt property and homestead) is $75,000 or less, the family can use Summary Administration (Florida Statutes § 735.201) — a simplified process that avoids much of the formal court supervision. Summary Administration is also available when the deceased has been dead for more than 2 years, regardless of estate size.
Summary Administration is significantly faster: typically 3–6 months compared to 9–18 months for Formal Administration.
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See the full checklist →Types of Probate in Florida
- Formal Administration: Full court-supervised probate, required for estates over $75,000 that have been open less than 2 years. Involves filing a petition, appointing a personal representative, notifying creditors, and obtaining court approval for major decisions.
- Summary Administration: Simplified process for qualifying smaller estates. No personal representative is required. The court can order distribution in one proceeding.
- Disposition of Personal Property Without Administration: A very informal process for collecting wages, final paychecks, or small personal property — not a full probate proceeding.
Which Court Handles Probate in Florida?
Florida probate is filed in the Circuit Court of the county where the deceased was domiciled at death. Each Florida county has a Circuit Court with a probate division — Florida Courts' self-help probate resources has forms and county-specific links. Filing fees are typically $300–$400 depending on the county and estate size.
How Long Does Florida Probate Take?
| Path | Typical Timeline |
|---|---|
| Summary Administration | 3–6 months |
| Formal Administration | 9–18 months |
| Formal Administration (contested) | 24+ months |
The creditor notice period — during which creditors can file claims — is either 3 months from the date of first publication of the Notice to Creditors, or 30 days from the date the personal representative mails direct notice to known creditors, whichever is later. The estate cannot close before this period ends.
How Much Does Florida Probate Cost?
Florida is one of the few states that sets statutory attorney fees for probate. Attorneys are entitled to:
| Estate Value Bracket | Fee Rate |
|---|---|
| First $1 million | 3% |
| Next $4 million (up to $5M total) | 2.5% |
| Next $5 million (up to $10M total) | 2% |
| Above $10 million | 1.5% |
For a $400,000 estate, that's $12,000 in attorney fees. Personal representative (executor) fees follow the same schedule — see the Executor Duties in Florida guide for a worked example. Court filing fees add another $300–$400. Total costs for a typical Florida probate often run $15,000–$25,000 for a mid-sized estate.
Pro tip
Florida's statutory fees can be waived or reduced by agreement. If the estate is straightforward, some attorneys will work for a flat fee well below the statutory amount. It's worth asking.
Florida's Homestead Protections
Florida has the strongest homestead protections in the country. The homestead — the primary residence — is exempt from creditors' claims during probate and passes directly to surviving spouses or minor children outside of the probate estate entirely. It cannot be devised by will if the deceased had a surviving spouse or minor child, unless certain conditions are met. Handling Florida homestead correctly is one of the most important — and most complex — aspects of Florida estate administration.
Community Property vs. Common Law: Florida
Florida is a common law (equitable distribution) state, not a community property state. Property acquired during marriage is not automatically co-owned; it belongs to whoever holds title. This affects how estate assets are calculated and distributed.
What Happens If There Is No Will in Florida?
Florida's intestacy statute governs. Key rules: if there is a surviving spouse and all descendants are also the spouse's descendants, the spouse inherits everything. If the deceased had descendants from another relationship, the spouse and descendants each receive 50%. If there is no surviving spouse, descendants inherit everything by representation. More distant relatives inherit only if there are no descendants.
You're reading about probate in Florida. Here's what else is on the list.
- Locate the Will and legal documents
- Apply for death certificates (Multiple copies)
- Start the probate process (Contact Attorney)this guide
- Notify any additional creditors
- Prepare final accounting for probate
- Close the estate formally
- + 62 more tasks across all four phases
This article is for informational purposes only and does not constitute legal advice. Laws in Florida may change. Consult a licensed Florida attorney for guidance specific to your situation.