The Florida Probate Process Explained for Families
When a parent dies in Florida with assets in their name alone, those assets typically go through probate before heirs receive anything. The process is handled by the circuit court, requires a licensed Florida attorney in most cases, and takes a minimum of several months. Here is what families need to know to get through it without unnecessary delays or costs.
Quick answers
- Florida has two probate tracks: formal administration for estates over $75,000 and summary administration for smaller estates
- Formal administration takes a minimum of 5 to 6 months due to a mandatory creditor waiting period
- Florida probate requires a licensed Florida attorney in nearly all cases
- The personal representative (executor) must be a Florida resident or a close relative if they live out of state
- Assets with beneficiary designations, joint ownership, or held in a trust do not go through probate
Does Your Parent's Estate Actually Need Probate?
Not everything goes through probate. Before you assume the full process is required, take inventory of what your parent owned and how each asset was titled.
Assets that skip probate entirely include anything with a named beneficiary (life insurance, IRAs, 401(k)s), jointly owned property with right of survivorship, accounts with payable-on-death designations, and anything held in a living trust. If your parent was smart about beneficiary designations, the probate estate may be much smaller than the total estate.
Only assets titled solely in your parent's name with no beneficiary designation go through probate. In some cases, that is very little.
Florida's Two Probate Tracks
Summary Administration
- Available when estate assets subject to probate are $75,000 or less, or parent died more than 2 years ago
- Much faster, often completed in 4 to 8 weeks
- Simpler court filing, lower attorney fees
- No personal representative appointed, heirs petition directly
- Florida attorney still required in most cases
Formal Administration
- Required for estates over $75,000 subject to probate
- Personal representative must be appointed by the court
- Mandatory 90-day creditor waiting period after first publication notice
- Typically takes 5 to 12 months for straightforward estates
- Complex estates with real estate, businesses, or disputes can take 1 to 3 years
How Florida Formal Probate Works Step by Step
Hire a Florida probate attorney
Florida requires a licensed attorney for formal administration. The attorney represents the personal representative, not the estate directly. Find one in the county where your parent lived. Fees are typically 3% of estate value for estates under $1 million, which is considered 'reasonable' under Florida statute.
File the petition with the circuit court
Your attorney files the original will (if there is one), the death certificate, and a petition for administration with the probate division of the circuit court in the county where your parent lived. Filing fees run $300 to $400.
Court appoints the personal representative
The judge issues Letters of Administration, which give the personal representative legal authority to act on behalf of the estate. If the will names you as executor, this confirms that appointment. Without a will, Florida's intestate succession rules determine priority.
Notify creditors and publish notice
Florida requires publishing a Notice to Creditors in a local newspaper for two consecutive weeks. Known creditors must also be notified directly. Creditors then have 90 days to file claims. This waiting period is mandatory and cannot be shortened.
Inventory and appraise the estate
The personal representative prepares a formal inventory of all estate assets and their values. Real estate typically needs a formal appraisal. This inventory is filed with the court within 60 days of appointment.
Pay debts, taxes, and expenses
Valid creditor claims are paid from estate assets in a specific priority order. Attorney fees, court costs, funeral expenses, and taxes are paid before beneficiaries receive anything. Florida has no state estate tax, but federal estate tax applies to estates over $13.6 million (2024 threshold).
Distribute assets and close the estate
After creditors are paid, remaining assets are distributed to beneficiaries per the will or Florida intestate law. The personal representative files a final accounting and petition for discharge. The court reviews and closes the estate.
What Florida Probate Actually Costs
Who Can Serve as Personal Representative in Florida?
Florida has strict rules about who can serve as personal representative. Florida residents can serve without restriction. Non-residents can only serve if they are the decedent's spouse, adult child, parent, sibling, or other close relative. A random friend, even if named in the will, cannot serve as personal representative unless they are a Florida resident.
If the named executor in the will is disqualified, the court appoints a replacement using Florida's priority order. If no family member is willing or eligible, a professional fiduciary or corporate trustee may be appointed, typically charging 1% to 2% of estate value annually.
The personal representative is personally liable if estate assets are mismanaged. This is why many out-of-state families hire a Florida probate attorney to serve as co-personal representative or to closely manage the process.
What Happens When There Is No Will
Florida's intestate succession laws determine who inherits when there is no will. The rules are specific and sometimes produce results families do not expect.
If your parent was married at death, Florida law gives the entire estate to the surviving spouse if all children are also that spouse's children. If there are children from another relationship, the spouse receives half and those children split the other half.
If your parent was not married, the estate passes to children in equal shares. If a child has already died, that child's share passes to their own children. This continues down the family tree.
If there are no descendants, the estate passes to parents, then siblings, then more distant relatives. Only if no living relatives can be found does the estate pass to the state of Florida (called escheat).
How to Avoid Florida Probate for Future Planning
If you are reading this because you are still in the planning stage with a living parent, probate is largely avoidable. A revocable living trust transfers ownership of assets to the trust during your parent's lifetime, so there is nothing to probate at death. Other strategies include adding payable-on-death designations to bank accounts, using Florida's Lady Bird deed for real estate, and making sure all financial accounts have current beneficiary designations. An elder law attorney can review your parent's assets and implement a plan that minimizes or eliminates probate entirely.
Real Estate in a Florida Probate Estate
Florida real estate owned solely by the deceased must go through probate before it can be sold or transferred. If your parent owned a home with a surviving spouse in tenancy by the entirety (the default for married couples), the home passes automatically to the spouse without probate.
For property your parent owned alone or with someone other than a spouse, the personal representative gets authority to sell through the Letters of Administration. The sale itself follows normal real estate procedures, but the personal representative signs the deed rather than the deceased.
Homestead property in Florida has special protections. If the home was your parent's primary residence, it is protected from most creditor claims and can only be devised to specific heirs. These rules are complex and depend on who your parent's heirs are. Your attorney must analyze homestead status carefully before distributing or selling.
Step 1 of 2
How big is the home?
Step 2 of 2
What kind of help is needed?
Estimated Cost
Last step
Where should we look for certified SMMs?
No spam. No sales calls unless you want them. We’ll match you with NASMM-certified professionals near you.
You’re all set!
Thanks, use the cost range above as a starting point when you contact Senior Move Managers near you.
Frequently Asked Questions
How long does probate take in Florida?
Formal administration in Florida takes a minimum of 5 to 6 months because of the mandatory 90-day creditor waiting period after publication. Most straightforward estates close in 6 to 12 months. Complex estates with real estate, business interests, disputes, or tax issues can take 1 to 3 years.
Do I need a lawyer for Florida probate?
In nearly all cases, yes. Florida requires that the personal representative in a formal administration be represented by a licensed Florida attorney. Summary administration (for estates under $75,000) may allow petitioners to proceed without an attorney in some counties, but it is still strongly advisable given the legal complexity.
What is the small estate limit in Florida?
Florida's summary administration is available when the probate assets are $75,000 or less, OR when the person died more than two years ago. Assets with named beneficiaries or held in trust do not count toward this limit.
Can creditors take the house in Florida probate?
Florida's homestead exemption protects a primary residence from most creditor claims, even in probate. This is one of the strongest asset protection rules in any state. However, the exemption has limits: it does not protect against mortgages, property tax liens, or debts incurred to improve the home. An elder law attorney can clarify what applies to your parent's specific situation.
What is a Senior Move Manager? A Senior Move Manager is a trained specialist who helps older adults and their families navigate moves, downsizing, and care transitions. They handle the logistics so you don't have to.
Finding a qualified Florida probate attorney in your parent's county is the most important first step. Our directory lists elder law and estate attorneys across Florida who handle probate for families managing a parent's estate. Visit /directory/ to find vetted professional help near you.
✓ 528 NASMM-certified professionals · ✓ All 50 states