Florida Probate Guide
Probate in Florida
Probate is required for most estates in Florida when the total estate exceeds $75,000. The process typically takes 12-24 months from filing to final distribution.
Probate Threshold
$75,000
Estate value triggering probate
Average Timeline
12-24 months
Filing to final distribution
Attorney Fees Start At
$6,000+
Minimum for a simple estate
What Is Probate in Florida?
Probate is the court-supervised legal process for settling a deceased person's estate — validating the will (if one exists), inventorying assets, paying outstanding debts and taxes, and legally transferring property to heirs and beneficiaries. In Florida, the probate court has jurisdiction over this process whenever assets are titled solely in the name of the deceased without a designated beneficiary or joint owner.
Florida offers two tracks: formal administration (required for most estates) and summary administration (available when the estate is under $75,000 or the deceased has been dead for more than two years). A court-appointed personal representative manages formal administration.
The Florida Probate Process
Open the estate with the court
The executor named in the will — or a court-appointed administrator if there is no will — files a petition to open probate. The court admits the will to probate (if valid) and issues Letters Testamentary or Letters of Administration, granting legal authority to act on behalf of the estate.
Inventory and appraise all assets
The executor identifies and values every asset owned by the deceased: bank accounts, real estate, investments, retirement accounts, vehicles, business interests, and personal property. In Florida, the inventory is typically due within 90 days of the executor's appointment.
Notify creditors and pay debts
Notice to creditors is published in a local newspaper, and known creditors are notified directly. In Florida, creditors have 3 months from first publication of notice or 30 days from direct notice to known creditors to file claims. Valid debts — including mortgages, credit cards, medical bills, and funeral expenses — are paid from estate assets before any distribution to heirs.
File and pay taxes
The estate may owe a final income tax return, an estate income tax return, and potentially estate or inheritance taxes. Florida does not impose a state estate tax or inheritance tax, which simplifies this step.
Distribute assets and close the estate
After all debts and taxes are paid, the executor distributes remaining assets to the beneficiaries named in the will — or, if there is no will, according to Florida intestate succession law. A final accounting is filed with the court and the estate is formally closed.
The full process takes 12-24 months in Florida for a straightforward estate. Contested wills, creditor disputes, or complex assets can extend this significantly.
Attorney Fees for Florida Probate
Florida Attorney Fee Structure
Statutory fee: $1,500 flat for estates up to $40,000, plus $750 for $40,000–$70,000, plus $750 for $70,000–$100,000, then 3% of the next $900,000 (up to $1M), 2.5% of the next $2M (up to $3M), 2% of the next $2M (up to $5M); extraordinary fees available
For most Florida estates, attorney fees start at $6,000 and increase substantially for estates that include real estate, business interests, multiple heirs, or contested issues. Court filing fees and appraiser costs are separate from attorney fees.
Executor Bond Requirement
Required in formal administration unless waived in will or all beneficiaries consent
Who Inherits Without a Will in Florida?
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
If the deceased did not leave a valid will, Florida's intestate succession laws determine who inherits — which may not reflect the deceased's actual wishes. A valid will overrides these default rules entirely.
Florida Estate & Inheritance Tax
No state estate tax; no inheritance tax; no state income tax
Small Estate Options in Florida
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 dramatically reduce costs and processing time — but only for qualifying estates. Consult a probate attorney to determine if the estate qualifies.
More Florida Probate Resources
Probate Cost in Florida
Attorney fees, court costs, and total estimated range
Do I Need Probate in Florida?
Threshold, small estate options, and decision factors
Executor Duties in Florida
Eligibility, deadlines, compensation, and common mistakes
Small Estate Options in Florida
Qualification, process, and full probate comparison
Related Reading
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