Florida Probate Process

Florida Probate Process — Best Proven Guide (2026)

By Oleg Kachko · Updated June 12, 2026

✓ Verified June 2026

This guide explains the Florida probate process in plain English — which court handles it, how long it takes, what it costs, and how families can sometimes skip it. All figures are from Florida law, verified as of June 2026.

Florida Probate at a Glance

Here are the key facts about the Florida probate process:

Court that handles probate Probate Division of the Circuit Court (filed with the Clerk of the Circuit Court in the county where the decedent resided)
Probate types available Formal Administration (Chapter 733, for estates exceeding threshold); Summary Administration (F.S. 735.201, for non-exempt probate assets up to 75000 — rising to 150000 on July 1 2026 under CS/SB 1500, or any estate where decedent died more than 2 years ago); Disposition Without Administration (F.S. 735.301, for smallest estates with only exempt personal property and non-exempt property not exceeding final medical/funeral expenses); Ancillary Administration (Chapter 734, for nonresident decedents with Florida property)
Typical timeline 6 to 12 months for formal administration (uncontested); the mandatory 3-month creditor claims period under F.S. 733.702 sets the floor at roughly 5 to 6 months minimum
Fastest option Summary Administration, typically 1 to 3 months; available for non-exempt probate estates up to 75000 (150000 for deaths on or after July 1 2026) or when decedent died more than 2 years ago; no personal representative is appointed — the court enters an order directing asset distribution
Fee structure STATUTORY-FEE state for both attorney fees and personal representative compensation. Attorney fees follow F.S. 733.6171 with a presumed-reasonable schedule (not mandatory — attorney must disclose in writing that fees are negotiable). PR compensation follows F.S. 733.617 based on compensable value. Extraordinary services may warrant additional fees subject to court approval.
Typical total cost For a 500000 estate: attorney fee approximately 15000 (3000 plus 3 percent of amount over 100000) plus PR commission of 15000 (3 percent of first 1000000), plus filing fees and publication costs. Total roughly 3 to 5 percent of estate value for combined attorney and PR fees on estates under 1000000.
Court filing fee 399 for formal administration (395 plus 4 supplemental); 344 for summary administration (estate 1000 or more); 234 for summary administration (estate under 1000). Additional costs include Notice to Creditors newspaper publication at roughly 100 to 400.
Executor compensation Statutory presumed-reasonable schedule under F.S. 733.617 based on compensable value (inventory value plus income earned during administration): 3 percent of first 1000000; 2.5 percent from 1000000 to 5000000; 2 percent from 5000000 to 10000000; 1.5 percent above 10000000. Payable without court order for ordinary services. Multiple PRs share one additional full commission based on services rendered.
⚠ In Florida, you generally have No statutory deadline to file a petition for administration. However the custodian of a will must deposit the original will with the Clerk of the Circuit Court within 10 days of learning of the testator’s death under F.S. 732.901. Failure may result in court-ordered costs and damages. to open probate after a death. Do not wait until the last minute — gather the will and death certificate early.

How to Avoid Probate in Florida

Revocable living trust (most comprehensive); Lady Bird deed / enhanced life estate deed (commonly used for homestead real property — owner retains full control during life); joint tenancy with right of survivorship or tenancy by the entirety (married couples); transfer-on-death designations for securities accounts; payable-on-death designations for bank accounts; beneficiary designations on life insurance, IRAs, 401(k)s, and annuities.

Florida homestead property receives constitutional protection and passes outside traditional probate but requires a simplified court proceeding to confirm transfer.

Out-of-state property (ancillary probate): Yes, Florida requires ancillary administration for nonresident decedents who owned real property or tangible personal property in Florida. Filed in the circuit court of the county where the property is located. Requires certified copy of domiciliary probate proceedings. The personal representative must be a Florida resident or blood relative of the decedent. Summary administration may be used if the Florida assets meet the threshold requirements.

Other Florida probate rules: Homestead protection (Art. X Sec. 4 Florida Constitution): primary residence is protected from forced sale by creditors (up to 1/2 acre in a municipality or 160 acres outside); a homeowner with a surviving spouse cannot devise the homestead away from the spouse, who receives at minimum a life estate or may elect an undivided 1/2 interest within 6 months under F.S. 732.401. Elective share (F.S.

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732.2065): surviving spouse is entitled to 30 percent of the elective estate (which includes certain trust assets and joint accounts beyond the probate estate). Exempt property (F.S. 732.402): household furnishings up to 20000 net value plus two motor vehicles under 15000 lbs each — must petition within 4 months of Notice of Administration. Family allowance (F.S. 732.403): up to 18000 for surviving spouse or dependents, paid before creditor claims.

2026 change (CS/SB 1500 effective July 1 2026): summary administration threshold doubles from 75000 to 150000.

Understanding the Florida Probate Process

The Florida probate process follows a clear sequence — open the case, appoint the executor, inventory assets, pay debts, then distribute what is left. How long the Florida probate process takes and what it costs depends on the type of probate the estate qualifies for, which is why the exact figures above matter.

Many families are relieved to learn the Florida probate process is simpler and cheaper than they feared, especially for smaller or well-planned estates. Your state probate court’s self-help center can guide an executor through the Florida probate process step by step.

You don’t have to do this alone

If you are settling a loved one’s estate in Florida, your state’s probate court self-help center and free legal-aid offices can walk you through the process at no cost. For an active probate or a deadline, talk to a licensed probate attorney in your state.

Official Florida Sources & Resources

This Florida probate guide was last verified against official sources in June 2026. Laws change — verify with your state court or a licensed attorney.

More Florida Wills & Probate Guides

Disclaimer: This guide is informational only and is not legal or tax advice. Estate, probate, and tax laws change and vary by state and county. Verify current rules and dollar figures with your state’s court, statute, or a licensed attorney or tax professional before acting. For urgent matters like an active probate or a tax deadline, consult a licensed professional in your state right away.

Estate planning? Make sure your life insurance is in order — see Life Insure Guide. Worried about Medicaid estate recovery? See Medicare Cover Guide. Divorced recently? Update your will and beneficiaries — see Divorce Help Guide.