Florida Probate Explained

Probate covers only "probate assets," meaning things titled in the person's sole name with no one named to receive them. Examples include a sole-name bank account with no beneficiary, or a car or house in one name.

Many assets pass outside probate:

Accounts and property held jointly with a right of survivorship. Payable-on-death and transfer-on-death accounts. Life insurance, IRAs and 401(k)s with a living named beneficiary. Property held in a revocable living trust. A home passed by an enhanced life estate deed, often called a Lady Bird deed (our Lady Bird deed guide).

So the first step is a list: what did the person own, and how was each item titled?

Florida has several shortcuts for smaller estates, each with strict conditions.

Disposition without administration. If the person left only exempt personal property plus other personal property worth no more than the funeral bill and the last 60 days of medical and hospital bills, the court can release it by letter, with no estate opened (Fla. Stat. 735.301). For someone who died without a will more than a year ago, the cushion is now $20,000 plus those expenses, and heirs request it by affidavit (Fla. Stat. 735.304).

Small bank accounts. A bank may pay up to $2,000 in total from sole-name accounts with no beneficiary to a close family member, without court, but not until 6 months after death (Fla. Stat. 735.303).

Summary administration. This is a shorter court process with no personal representative appointed. Since July 1, 2026, it's available when the estate subject to administration in Florida, not counting property exempt from creditors, is worth $150,000 or less, up from $75,000. It's also available when the person has been dead for more than 2 years. Either way, it isn't available if the will directs administration under Chapter 733 (Fla. Stat. 735.201; ch. 2026-57, Laws of Fla.). Before the court signs the order, the petitioner must search for known creditors, serve them and arrange payment (Fla. Stat. 735.206). Those who receive property can stay liable to missed creditors.

In formal administration, the court issues "letters of administration" giving the personal representative authority to act. The main steps:

File the original will. Whoever has it must deposit it with the clerk within 10 days of learning of the death (Fla. Stat. 732.901). Open the estate and get letters. Publish a notice to creditors. It runs once a week for 2 weeks in a local newspaper. The personal representative must also search for creditors and serve the known ones (Fla. Stat. 733.2121). If the person was 55 or older, the notice and death certificate also go to the Agency for Health Care Administration within 3 months, so Medicaid can file any claim. File an inventory. It's due within 60 days after letters issue (Fla. Prob. R. 5.340). Handle claims. Creditors generally must file within 3 months after first publication, or 30 days after being served if later (Fla. Stat. 733.702). Most claims are barred 2 years after death no matter what (Fla. Stat. 733.710). Close the estate. The final accounting and petition for discharge are due within 12 months after letters (later if a federal estate tax return is required), unless the court extends the time (Fla. Prob. R. 5.400(c)).

Because of the creditor period, even a simple formal administration takes at least a few months, and the rules expect most estates to close within a year. Disputes, real estate sales or tax issues can stretch it out.

A personal representative who lives outside Florida must be a close relative of the person who died, such as a child, parent, sibling, niece or nephew, or the spouse of one (Fla. Stat. 733.304).

More: Personal representative duties in Florida

If the owner is survived by a spouse or a minor child, the home generally can't be left by will to someone else. It can go to the spouse only when there's no minor child (Fla. Stat. 732.4015). "Protected homestead" is the home where that constitutional protection passes to the surviving spouse or heirs (Fla. Stat. 731.201). That status generally keeps it away from most of the person's creditors. A home owned by a married couple as tenants by the entireties, or jointly with right of survivorship, isn't protected homestead under the probate code. It usually passes straight to the surviving owner.

Title companies often want a court order before anyone sells or refinances. Any interested person can ask the probate court to decide whether the home was protected homestead and who now owns it (Fla. Prob. R. 5.405).

Real estate is generally handled by the courts of the state where it sits. A snowbird who lived in New York but owned a condo in Delray Beach may need an "ancillary" Florida probate for the condo, alongside the main case up north (Fla. Stat. 734.102). If a nonresident left a will and Florida property worth $50,000 or less, a shorter filing may be possible within 2 years of death (Fla. Stat. 734.1025). A revocable trust holding out-of-state property can avoid a second probate.

There's no mandatory attorney fee for a Florida estate. Florida law sets a fee that's "presumed reasonable" for ordinary services in formal administration (Fla. Stat. 733.6171):

$1,500 for an estate of $40,000 or less, plus $750 more up to $70,000, and $750 more up to $100,000, then 3% of the next $900,000, then 2.5% from $1 million to $3 million, stepping down above that.

For example, a $300,000 probate estate works out to a presumed fee of $9,000. Extra work, like a will contest, a real estate sale or a homestead proceeding, can add fees. Since July 1, 2026, an attorney who plans to use the schedule must tell the personal representative in writing that the fee is negotiable, isn't required to track the estate's size, and that the personal representative can choose any attorney, not just the one who wrote the will (Fla. Stat. 733.6171(2)(b)).

The personal representative may also be paid. The presumed rate is 3% of the first $1 million (Fla. Stat. 733.617). Family members often waive it.

Common ways to keep assets out of probate:

Name beneficiaries on bank, brokerage, retirement and insurance accounts, and keep them up to date. Consider a revocable trust, especially if you own real estate in more than one state. Ask whether an enhanced life estate (Lady Bird) deed fits your home and your Medicaid plans. Be careful with joint accounts. Adding a child as an owner can expose the money to the child's creditors and may not match your will.

Avoiding probate isn't always the most important goal. If a parent may need Medicaid, or a beneficiary has a disability, some of these steps can backfire. See our estate planning and Medicaid planning pages.