Probate in Florida: Complete 2026 Guide

Overview

Florida has a well-structured probate system governed by the Florida Probate Code (Chapters 731–735 of the Florida Statutes) and the Florida Probate Rules (Part I and II of the Florida Rules of Court). Probate in Florida is administered through the Circuit Court in the county where the decedent resided at the time of death.

The state offers two primary types of probate: formal administration for larger or more complex estates, and summary administration for smaller estates or estates where the decedent has been dead for more than two years. Florida does not have a true "independent administration" option like Texas — most probate cases involve ongoing court supervision, though the degree of involvement varies.

One of Florida's most distinctive features is its homestead exemption in probate. The Florida Constitution provides extensive protections for a decedent's primary residence, which can significantly affect how an estate is distributed. Homestead property passes outside the probate estate and is generally protected from creditor claims, but it is also subject to restrictions on how it can be devised in a will.

Florida is not a community property state — it follows the common law (equitable distribution) system for marital property. However, the surviving spouse has important protections, including an elective share (30% of the augmented estate), a family allowance, and exempt property rights.

The personal representative (Florida's term for the executor or administrator) has broad duties but must act under court supervision throughout the process. Florida also has statutory attorney fee guidelines that help families anticipate legal costs, though these are presumed reasonable rather than mandatory.

When Probate is Required

Probate is required in Florida whenever the decedent owned assets in their name alone that cannot be transferred through other mechanisms. Florida has a lower barrier to requiring formal administration than many states.

When formal administration is required:

• The decedent owned real property solely in their name (not homestead, not in a trust, not held as joint tenants with right of survivorship)
• The estate includes non-exempt assets exceeding $75,000 in value
• The estate has complex debts or creditor claims that need formal resolution
• There is a dispute among beneficiaries or a will contest
• A personal representative must be appointed to manage ongoing affairs (lawsuits, business operations, tax matters)

When summary administration may be available:

• The total value of the estate subject to administration (excluding exempt property) is $75,000 or less, OR
• The decedent has been dead for more than 2 years (regardless of estate value)

When probate is not required:

• All assets pass through beneficiary designations (life insurance, retirement accounts, POD/TOD accounts)
• Property is held as joint tenants with right of survivorship or as tenants by the entirety
• Assets are held in a revocable living trust
• The only asset is homestead property passing to the surviving spouse or minor children
• The estate consists entirely of exempt property (two vehicles, household furnishings, up to $1,000 in personal property)

Homestead property in Florida has special rules: it passes outside the probate estate entirely, meaning the personal representative has no authority over it. However, the personal representative may still need to petition the court to determine homestead status (see the Unique State Rules section below).

Important note about non-resident decedents: If someone who lived outside Florida owned real property in the state, ancillary probate in Florida may be required to transfer that property — even if the primary probate is handled in another state.

Small Estate Options

Florida offers summary administration as a simplified alternative to formal probate for qualifying estates. This process is significantly faster and less expensive than formal administration.

Summary Administration (Florida Statutes §735.201)

An estate qualifies for summary administration if either of the following is true:

• The total value of the estate subject to administration in Florida, excluding exempt property, does not exceed $75,000, OR
• The decedent has been deceased for more than 2 years, regardless of the estate's value

Key features of summary administration:

• No personal representative is appointed — there is no ongoing fiduciary to manage the estate
• No notice to creditors is published (for estates under $75,000), though creditors may still file claims within the statutory period
• The court issues an Order of Summary Administration that directs asset holders to release property to beneficiaries
• The process typically completes within 1–3 months — dramatically faster than formal administration

Exempt property that does not count toward the $75,000 threshold:

• Homestead property (the decedent's primary residence, if it passes to a surviving spouse or heirs)
• Two motor vehicles (each not exceeding a certain value and used regularly by the decedent or immediate family)
• Household furnishings and appliances in the home, up to a net value of $20,000
• Personal property up to $1,000 in value

Filing requirements:

• The Petition for Summary Administration must be filed in the Circuit Court, Probate Division
• The petition must include a list of all assets, their values, proposed distribution, and a statement that the estate qualifies
• All beneficiaries must either sign the petition or receive formal notice
• A certified death certificate and the original will (if one exists) must be filed
• Filing fees are approximately $235–$345 depending on the estate value

Attorney fees for summary administration typically range from $1,500–$3,500, making the total cost (including filing fees) approximately $2,000–$4,000.

Important limitations:

• Summary administration does not protect beneficiaries from creditor claims the way formal administration does — beneficiaries may be personally liable for the decedent's debts up to the value of assets they received
• If known creditors exist and the estate is under $75,000, it may be better to use formal administration to properly resolve debts
• The petition requires full information about all beneficiaries and their shares — if there are unknown heirs, summary administration may not be appropriate

For more on simplified probate procedures, see our guide on small estate affidavits.

Step-by-Step Process

Here is the step-by-step process for formal administration in Florida, the most common probate type for estates exceeding $75,000:

1. Deposit the will with the Circuit Court. Under Florida Statutes §732.901, the person holding the decedent's original will must deposit it with the clerk of the Circuit Court within 10 days of learning of the death. This is a legal obligation — failure to comply can result in liability for damages. File in the county where the decedent was domiciled at death.
2. File the Petition for Administration. The person seeking appointment as personal representative files a Petition for Administration with the Circuit Court, Probate Division. Include the original will (if not already filed), a certified death certificate, and the proposed personal representative's acceptance. The filing fee is approximately $400 (varies slightly by county). The petition must include information about the decedent, their heirs, beneficiaries, and the proposed personal representative's qualifications.
3. Court appoints the Personal Representative. The court reviews the petition and, if satisfied, issues an Order of Appointment and Letters of Administration (or Letters Testamentary if there is a will). The personal representative must post a bond unless the will waives it or all beneficiaries agree to waive it. The personal representative takes an oath of office.
4. Serve the Notice of Administration. The personal representative must promptly serve a Notice of Administration on all known or reasonably ascertainable interested parties — beneficiaries, heirs named in any prior will, the surviving spouse, and any person who may be entitled to exempt property or the family allowance. This notice informs them of the probate proceeding and their rights.
5. Publish the Notice to Creditors. Within the first weeks of appointment, publish a Notice to Creditors in a newspaper of general circulation in the county. This notice must run once a week for two consecutive weeks. Creditors have 3 months from the date of first publication to file claims. Additionally, send direct notice to all reasonably ascertainable creditors, who then have 30 days from service or the 3-month deadline, whichever is later.
6. File the Inventory. Within 60 days of appointment, the personal representative must file an Inventory listing all probate assets and their estimated fair market values. The inventory is filed with the court and served on interested parties.
7. Review and resolve creditor claims. As claims are filed, the personal representative must review each one and either pay valid claims or object to invalid ones within 30 days of receiving the claim. If the representative objects, the creditor has 30 days to file an independent action (lawsuit) or the claim is barred. File a Statement Regarding Creditors within 4 months of the first publication of notice to creditors.
8. Manage the estate. Collect all assets, maintain property, pay ongoing expenses, file the decedent's final income tax return and any estate tax returns, manage investments, and handle any litigation. The personal representative has a fiduciary duty to act prudently and in the best interests of the beneficiaries.
9. File the Final Accounting and Petition for Discharge. After all debts are paid and assets are ready for distribution, prepare a Final Accounting detailing all receipts, disbursements, and distributions. File a Petition for Discharge requesting the court approve the accounting, authorize distribution, and release the personal representative from further duties.
10. Distribute assets and close the estate. Once the court approves the final accounting and enters an Order of Distribution, distribute assets to beneficiaries according to the will or Florida intestacy laws. Obtain receipts from beneficiaries. The court then issues an Order of Discharge, formally closing the estate and releasing the personal representative.

Timeline & Costs

Timeline

Florida probate timelines vary significantly between summary and formal administration:

• Summary administration: 1–3 months (no personal representative appointment or creditor notice period)
• Formal administration (simple estates): 6–9 months
• Formal administration (average estates): 9–12 months
• Formal administration (complex estates): 12–24 months (tax issues, litigation, real property sales)

The minimum timeline for formal administration is approximately 5–6 months due to the mandatory 3-month creditor claim period plus time for the initial appointment and final distribution.

Florida law requires the personal representative to complete administration within 12 months of appointment (Florida Statutes §733.901). If the estate cannot be closed within that time, the representative must file a verified statement explaining the delay.

Costs

Florida probate costs depend on the type of administration and the estate's value.

Court filing fees:

• Formal administration: approximately $400 (varies by county)
• Summary administration: approximately $235–$345
• Ancillary administration: approximately $400
• Certified copies: $2–$5 per page

Attorney fees (Florida Statutes §733.6171 — presumed reasonable):

These fees are presumed reasonable but not mandatory — attorneys and clients can agree to different arrangements.

Personal representative compensation:

• Florida Statutes §733.617 presumes the same fee schedule as attorneys is reasonable for personal representative compensation
• Family member representatives often waive compensation

Other costs:

• Bond premiums: varies based on estate value (typically waived when will includes waiver)
• Publication of Notice to Creditors: $150–$400 depending on newspaper
• Certified death certificates: $9 for the first copy, $4 each additional (Florida Department of Health)
• Appraisal fees: $300–$2,000+ depending on asset types

Estimated total costs by estate type:

Required Forms

Florida probate forms vary by county — the Florida Supreme Court provides standard forms through the Florida Probate Rules, and many county clerks offer supplemental packets. Here are the key documents and forms required:

Initial Filing:

• Petition for Administration — requests appointment of personal representative and opening of formal administration; must include decedent's information, list of beneficiaries/heirs, and qualifications of proposed representative
• Original Will — must be deposited with the court within 10 days of learning of death (§732.901)
• Certified Death Certificate — at least one certified copy
• Oath of Personal Representative — sworn statement accepting the duties and obligations of the role
• Designation of Resident Agent (if personal representative is a non-resident) — appoints a Florida resident or institution to accept service of process
• Bond (if required) — surety bond to protect estate; may be waived by will or agreement of beneficiaries

Notices:

• Notice of Administration (Probate Rule 5.240) — served on all interested parties promptly after appointment; contains information about the estate, the personal representative, and the right to challenge
• Notice to Creditors (Probate Rule 5.241) — published in a local newspaper once a week for two consecutive weeks; starts the 3-month creditor claim period
• Notice to Known Creditors — direct written notice to all reasonably ascertainable creditors; triggers a 30-day claim period for each

Inventory and Accounting:

• Inventory (Probate Rule 5.340) — filed within 60 days of appointment; lists all probate assets and estimated fair market values
• Accounting (Probate Rule 5.345/5.346) — interim or final accounting of all receipts, disbursements, and distributions
• Statement Regarding Creditors — verified statement filed within 4 months of first publication of notice to creditors, confirming diligent search for creditors

Closing Documents:

• Petition for Discharge (Probate Rule 5.400) — requests court approval of final accounting and release of personal representative
• Order of Discharge — court order closing the estate and releasing the personal representative from further duties
• Receipts of Distribution — signed acknowledgments from beneficiaries confirming receipt of their share

Summary Administration:

• Petition for Summary Administration (Probate Rule 5.530) — alternative to formal administration for qualifying estates; must be signed by all beneficiaries or served with formal notice
• Order of Summary Administration — directs asset holders to release property to designated beneficiaries

Homestead:

• Petition to Determine Homestead Status — may be required to formally establish that real property qualifies as protected homestead
• Order Determining Homestead — court order confirming homestead status and directing transfer

All forms are available through the county clerk of Circuit Court or online at the Florida Courts Help website. Some counties provide comprehensive self-help packets.

Executor Duties

In Florida, the personal representative (equivalent to an executor or administrator in other states) has comprehensive fiduciary duties governed by Florida Statutes Chapter 733. Unlike Texas, Florida personal representatives operate under ongoing court supervision throughout the administration.

Who Can Serve as Personal Representative

Florida has stricter requirements than most states for who can serve:

• Must be at least 18 years old and mentally competent
• Must be a Florida resident OR a spouse, sibling, parent, child, or other close relative of the decedent (regardless of state of residence)
• Non-relative, non-resident individuals generally cannot serve as personal representative
• Cannot be a convicted felon (unless civil rights have been restored)
• Banks and trust companies authorized in Florida may serve

Fiduciary Standard

The personal representative is held to a prudent investor standard and must administer the estate as a reasonably prudent person would in managing the property of others. This includes a duty of loyalty, a duty of impartiality among beneficiaries, and a duty to act in the best interests of all interested parties.

Core Duties:

• Accept appointment and qualify. Take the oath of personal representative, post bond (if required), and receive Letters of Administration from the court. You cannot act on behalf of the estate until you are formally appointed.
• Secure and protect assets. Take immediate steps to identify and secure all estate property — lock the home, redirect mail, freeze credit, and take control of financial accounts. Determine which assets are probate assets and which pass outside probate.
• Determine homestead status. One of the first tasks is to assess whether the decedent's primary residence qualifies as protected homestead under Article X, Section 4 of the Florida Constitution. Homestead property passes outside the probate estate and has special protections.
• Serve Notice of Administration. Promptly notify all interested parties (beneficiaries, heirs, surviving spouse) of the probate proceeding. This triggers their right to object or make claims.
• Publish Notice to Creditors and notify known creditors. Publish in a local newspaper for two consecutive weeks. Send direct written notice to all reasonably ascertainable creditors. Conduct a diligent search for creditors including checking the decedent's mail, records, and public databases.
• File the Inventory. Within 60 days, file a complete inventory of all probate assets and their fair market values. Hire appraisers for real property, business interests, and other hard-to-value assets.
• Manage creditor claims. Review each claim within 30 days and either allow it, object to it, or negotiate a resolution. Pay valid claims in the order of priority established by Florida Statutes §733.707: administration expenses, funeral expenses (up to $6,000), debts and taxes with preference under federal law, medical expenses of the last 60 days, then all other claims.
• File tax returns. File the decedent's final federal and Florida income tax returns, and if required, a federal estate tax return (Form 706) and fiduciary income tax returns (Form 1041). Florida has no state income tax for individuals, but estates may owe federal fiduciary income tax.
• Manage investments and property. Maintain insurance, pay property taxes and mortgages, manage investments under the prudent investor standard, and collect rents or income. Obtain court approval before selling real property unless the will grants authority.
• Prepare final accounting and distribute. File a final accounting with the court, petition for discharge, and upon court approval, distribute assets to beneficiaries per the will or intestacy laws. Obtain receipts from all beneficiaries.

Compensation: The personal representative is entitled to reasonable compensation under the same statutory fee schedule as attorneys (§733.617). Extraordinary fees may be approved for unusual services.

Unique State Rules

Florida has several distinctive probate rules that set it apart from other states:

Homestead Exemption in Probate

Florida's homestead protection is among the strongest in the nation and has significant probate implications. Under Article X, Section 4 of the Florida Constitution:

• Homestead property is not a probate asset — the personal representative has no jurisdiction over it and no title to it
• Homestead is protected from creditor claims (except for mortgage liens, property taxes, and liens for work performed on the property)
• If the decedent is survived by a spouse or minor child, the homestead cannot be devised by will to anyone other than the spouse (who receives a life estate, with the remainder passing to the decedent's descendants) unless there are no minor children and the spouse is devised the property in fee simple
• If there is no surviving spouse or minor child, the homestead passes under the will or intestacy laws
• A court determination of homestead status is often required, even when homestead status seems clear

The homestead rules frequently surprise families and can override the decedent's wishes expressed in their will. For example, a decedent cannot leave their homestead to an adult child if they have a surviving spouse — the spouse has a constitutional right to the property.

Surviving Spouse Protections

Florida provides multiple layers of protection for the surviving spouse:

• Elective share: The surviving spouse can claim 30% of the augmented estate (which includes certain transfers made during the decedent's lifetime), regardless of what the will says (Florida Statutes §732.2065)
• Family allowance: Up to $18,000 for the surviving spouse and dependents during administration
• Exempt property: The surviving spouse is entitled to household furnishings (up to $20,000), two vehicles, and $1,000 in personal property, free of creditor claims

Three-Month Creditor Claim Period

Florida's creditor claim period is 3 months from the first publication of the Notice to Creditors — shorter than many states. Known or reasonably ascertainable creditors who receive direct notice have 30 days from service of notice or until the end of the 3-month period, whichever is later. An absolute two-year deadline applies: no creditor claim can be filed more than 2 years after the decedent's death, regardless of when probate is opened.

No State Income Tax, But Intangible Tax Considerations

Florida has no state income tax for individuals, making it attractive for retirees and estate planning. The state also eliminated its intangible personal property tax in 2007. However, estates may still owe federal fiduciary income tax.

Strict Personal Representative Qualifications

Florida is one of the few states that restricts who can serve as personal representative based on residency. Non-resident individuals can only serve if they are a close relative of the decedent (spouse, sibling, parent, child, aunt, uncle, nephew, niece, or person related by lineage or adoption). A non-related friend or business partner who lives outside Florida cannot serve as personal representative, even if named in the will.

Twelve-Month Administration Deadline

Florida law creates a presumption that estates should be closed within 12 months of the personal representative's appointment (§733.901). If the estate remains open longer, the representative must file a verified statement explaining why and estimating when it will close. While there is no penalty for exceeding this timeline, the court may take action if administration is unreasonably delayed.

Summary Administration for Older Estates

Unlike most states, Florida allows summary administration regardless of estate value if the decedent has been dead for more than 2 years. This provides a simplified path for families who delayed opening probate, avoiding the full formal administration process.

Florida Ancillary Administration

If a non-Florida resident died owning real property in Florida, their estate may need ancillary administration in a Florida court. This is a secondary probate proceeding (in addition to the domiciliary probate in the decedent's home state) specifically to transfer Florida property. The process follows the same rules as formal or summary administration.

How SwiftProbate Helps

Florida's probate system — with its homestead protections, strict personal representative qualifications, statutory attorney fee guidelines, and three-month creditor timeline — requires careful navigation. SwiftProbate simplifies the process by generating a personalized task plan tailored to your specific Florida estate.

What SwiftProbate does for Florida probate:

• Identifies the right administration type. Based on your estate details, SwiftProbate determines whether you qualify for summary administration (under $75,000 in non-exempt assets, or decedent died more than 2 years ago) or need formal administration, and generates the appropriate task list.
• Flags homestead property issues early. If you indicate the decedent owned a primary residence in Florida, SwiftProbate generates specific tasks related to determining homestead status, including whether the property is protected from creditors and how it passes to the surviving spouse or heirs.
• Tracks the 3-month creditor deadline. SwiftProbate monitors your creditor claim period and alerts you when it is safe to begin final distribution — critical for avoiding personal liability.
• Generates asset-specific tasks. Based on the assets you enter, SwiftProbate creates tasks for each: real property title transfers, bank account closures, vehicle title changes at the FL DHSMV, investment account distributions, and more.
• Provides Florida-specific cost estimates. Using the statutory fee guidelines, SwiftProbate estimates expected attorney and personal representative fees based on your estate's inventory value.
• Accounts for surviving spouse protections. If there is a surviving spouse, SwiftProbate factors in the elective share, family allowance, exempt property rights, and homestead considerations.
• Guides the 10-day will deposit. SwiftProbate reminds you of the legal requirement to deposit the original will with the Circuit Court within 10 days of learning of the death.

Get started with your free Florida probate plan — SwiftProbate generates your Phase 1 estate administration tasks at no cost, helping you understand exactly what needs to be done and when.