Florida Probate Guide

Do I Need Probate in Florida?

In Florida, probate is required when an estate exceeds $75,000. But the full answer depends on how assets are titled, not just the total estate value.

Florida Probate Threshold: $75,000

Probably Not Required

Under $75,000

May qualify for simplified small estate procedures

Depends on Assets

Over $75,000

Required for assets without beneficiary designations or joint ownership

Almost Always Required

Solely-owned real estate

Real property titled only in the deceased's name typically requires probate regardless of value

When Is Probate Required in Florida?

Probate is generally required when assets were titled solely in the deceased's name with no mechanism for automatic transfer. The specific scenarios that typically requireFlorida probate:

✕The total estate value exceeds $75,000 in assets that lack a named beneficiary or joint owner

✕Real estate is titled solely in the deceased's name (regardless of value in most cases)

✕Bank or investment accounts have no named beneficiary (POD/TOD) and no surviving joint owner

✕Vehicles, business interests, or other titled property need a court order to legally transfer

✕There is a will that must be formally admitted to probate before its instructions can be carried out

✕There is no will and the family needs court authority to administer and distribute the estate

When Probate Is NOT Required in Florida

Many assets pass directly to beneficiaries without going through probate at all. These "non-probate assets" transfer automatically regardless of what the will says — or whether there is a will:

✓

Life insurance with a named beneficiary

Paid directly to the designated beneficiary — not part of the probate estate

✓

Retirement accounts (IRA, 401k, 403b, pension)

Transfer by beneficiary designation on file with the account holder

✓

Payable-on-death (POD) bank accounts

Bank pays the named beneficiary directly upon receipt of a death certificate

✓

Transfer-on-death (TOD) brokerage accounts

Brokerage transfers account assets directly to the named beneficiary

✓

Assets held in a living trust

Distributed by the successor trustee without court involvement or public record

✓

Jointly owned property (joint tenancy with right of survivorship)

Title transfers automatically to the surviving joint owner by operation of law

✓

Community property with right of survivorship (where applicable)

Some states allow community property to transfer to the surviving spouse automatically

A key point: an estate can be large enough to require probate AND have significant non-probate assets. The probate proceeding only covers assets that don't have an automatic transfer mechanism.

Small Estate Alternatives in Florida

Even when an estate might technically require probate, Florida provides simplified procedures for qualifying small estates that can avoid full court administration:

Florida Small Estate Option

Summary administration for estates under $75,000 or if deceased 2+ years; disposition without administration for very small estates covering funeral/final illness costs only

Small estate procedures can save months of court proceedings and thousands of dollars in legal fees for qualifying estates. However, eligibility requirements are strict — consult a probate attorney to confirm whether the estate qualifies before proceeding.

Quick Decision Checklist

If you answer Yes to any of these, probate is likely required in Florida:

Is the total estate value over $75,000 in assets without beneficiary designations or joint owners?

Does the estate include real estate titled solely in the name of the deceased?

Are there bank or investment accounts with no named beneficiary (POD/TOD) and no surviving joint owner?

Are there vehicles, business interests, or other titled assets that require a legal transfer?

Is there a will that names beneficiaries but no mechanism exists to transfer assets without court authority?

Are heirs disputing how assets should be distributed?

This checklist is a starting point. A probate attorney in Florida can review the full estate and give a definitive answer based on your specific circumstances.

No Will? How Florida Distributes the Estate

Spouse receives the entire estate if no descendants survive, or if all descendants are also the spouse's and the spouse has no other descendants of her own; otherwise — including when the spouse has descendants from another relationship, even if every one of decedent's descendants is shared — spouse gets half, descendants share the other half

Dying without a will in Florida(intestate) means the state decides who inherits — which may not reflect the deceased's actual wishes. A surviving partner who was not legally married, for example, would typically receive nothing under intestate succession laws.

If Probate Is Required: What to Expect

Typical Timeline

12-24 months

For a straightforward Florida estate without disputes

Attorney Fees Start At

$6,000+

Plus court fees, executor compensation, and appraisal costs

More Florida Probate Guides

Probate in Florida: Overview

How the full probate process works, step by step

Probate Cost in Florida

Attorney fees, court costs, and total estimated range

Executor Duties in Florida

Eligibility, deadlines, compensation, and common mistakes

Small Estate Options in Florida

Qualification, process, and full probate comparison

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