Florida probate is the court-supervised process of settling a deceased person’s estate: validating the will (if there is one), appointing a personal representative, paying valid debts and taxes, and distributing what remains to the rightful heirs or beneficiaries. Most Florida estates pass through one of two paths in the circuit court of the county where the decedent lived — formal administration or summary administration — under the rules set out in Chapters 731 through 735 of the Florida Statutes. The process exists to transfer legal title cleanly and to protect both creditors and beneficiaries from disputes.
If you’ve just lost a parent or spouse in Broward, Miami-Dade, or Palm Beach County and someone has handed you a folder of paperwork, this guide walks through what actually happens, in order, and where families most often get stuck.
What probate is — and when Florida requires it
Probate is not a single event. It’s a sequence of filings and deadlines that moves an estate from “the owner died” to “the assets are legally retitled.” Florida law treats it as a court proceeding because only a judge can confirm who has authority to act for someone who can no longer act for themselves.
Not every asset has to go through it. Probate generally governs assets the decedent owned in their sole name with no automatic transfer built in. The following typically pass outside of probate:
- Property held as joint tenants with right of survivorship or as tenants by the entireties (common for married couples)
- Bank or brokerage accounts with a valid payable-on-death (POD) or transfer-on-death (TOD) designation
- Life insurance and retirement accounts with a living named beneficiary
- Assets titled in the name of a properly funded revocable living trust
- A Florida homestead passing to a surviving spouse or heirs (treated specially, though a court order is often still needed to confirm its protected status)
If everything was structured this way, a family may need little or no probate at all. In practice, almost every estate has something — a checking account, a car, a brokerage account, a piece of land — that was never retitled, and that single asset is usually what pulls the estate into court.
The two main types of Florida probate
Florida offers a streamlined track and a full track. Choosing the right one early saves months.
Summary administration
Under Florida Statutes § 735.201, an estate may qualify for summary administration when either the value of the probate estate (less the value of property exempt from creditors) is $75,000 or less, or the decedent has been dead for more than two years. This is shorter and cheaper because no personal representative is appointed to administer the estate over time. The court instead enters an order distributing the assets directly.
The two-year rule matters more than people expect. After two years, Florida’s creditor claims are generally barred under § 733.710, which is why older, long-delayed estates often qualify for summary administration even when they’re worth well over $75,000.
Formal administration
Most estates of any real size go through formal administration. A personal representative is appointed, given Letters of Administration, and supervised by the court through the full creditor and distribution process. If there’s a house, ongoing income, multiple beneficiaries, or any hint of disagreement, formal administration is almost always the correct — and often legally required — path.
One non-negotiable point: with very limited exceptions, Florida requires a licensed attorney to represent the personal representative in a formal administration. This is not a state trying to generate billable hours; it reflects how many fiduciary duties and deadlines the role carries.
The step-by-step Florida probate process
Here is the sequence a typical formal administration follows from start to finish.
- Locate the will and the death certificate. The original will must be deposited with the clerk of court in the county of residence within 10 days of learning of the death, per § 732.901. A photocopy is not enough; a lost original creates its own evidentiary fight.
- File the petition for administration. The proposed personal representative (named in the will, or chosen by priority under § 733.301 when there is no will) files in the circuit court asking to open the estate and be appointed.
- The court admits the will and appoints the personal representative. The judge confirms the will is valid and issues Letters of Administration — the document that proves the representative’s legal authority to banks, brokerages, and title companies.
- Notify beneficiaries and serve notice of administration. Interested persons receive formal notice under § 733.212. This notice starts a 3-month clock for objecting to the will’s validity, the venue, or the representative’s qualifications — a critical window for any family member who suspects a problem.
- Identify, secure, and inventory the assets. The representative files an inventory (generally within 60 days of appointment) listing estate property and values. They must also safeguard the assets — insure the house, stop the bleeding on any business, secure valuables.
- Notify creditors and open the claims period. The representative publishes a Notice to Creditors and serves known or “reasonably ascertainable” creditors directly. Creditors generally have 3 months from first publication to file claims (§ 733.702), and an outside bar of 2 years from death applies under § 733.710.
- Pay valid debts, taxes, and expenses of administration. Claims are paid according to the statutory order of priority in § 733.707. Invalid or untimely claims can be objected to. Most Florida estates owe no state estate tax — Florida has no estate or inheritance tax — though a federal estate tax return may be required for large estates.
- Resolve disputes, if any. Will contests, claims of undue influence, accounting objections, and fights over the homestead are litigated within the probate case before distribution can finish.
- Distribute the remaining assets. Once debts and taxes are settled and any objections resolved, the representative distributes what’s left to the beneficiaries under the will, or to the heirs under Florida’s intestacy statute (§ 732.101 and following) if there is no will.
- File a final accounting and close the estate. The representative provides a final accounting and a plan of distribution, obtains receipts from beneficiaries, and petitions for discharge. The court’s order of discharge releases the representative from further duty and formally closes the case.
For a comparable look at how a different state structures these tracks, our colleagues explain the New York approach in their overview of — useful if you’re administering an estate that touches both states.
How long Florida probate takes and what it costs
A clean, uncontested formal administration in South Florida usually runs six months to a year. The 3-month creditor period sets a practical floor — you generally can’t safely close before it runs. Summary administration can finish in a matter of weeks once filed.
Costs typically include the court filing fee, the cost of publishing the notice to creditors, and attorney’s fees. Florida law sets a presumptively reasonable fee schedule for personal representatives and attorneys under §§ 733.617 and 733.6171, scaled to the size of the estate, though families and counsel often agree to a flat or hourly arrangement instead. The single biggest cost driver is conflict: a contested estate can cost several times more than a cooperative one.
Where families get stuck — will contests and disputes
The cleanest probate is the one where everyone agrees. Many don’t. The most common flashpoints we see across Broward, Miami-Dade, and Palm Beach estates are:
- Will validity challenges — allegations that the decedent lacked testamentary capacity, that the will wasn’t executed with the two-witness formalities Florida requires under § 732.502, or that a later will revoked an earlier one.
- Undue influence — a frequent claim when a caregiver, late-in-life spouse, or one child appears to have steered the will or beneficiary designations.
- Personal representative misconduct — self-dealing, failure to account, or simply sitting on the estate while beneficiaries wait.
- Homestead and spousal rights — Florida’s constitutional homestead protections and the surviving spouse’s elective share (§ 732.2065) routinely override what the will says.
The deadline that catches people off guard is the 3-month objection window that opens with the notice of administration. Miss it, and the right to contest the will may be lost forever. If something feels wrong, the time to call a lawyer is the week you receive that notice — not after distribution. For a deeper treatment of how these fights unfold, see this resource on , and our own overview of Florida probate administration.
Dying without a will: Florida intestacy
If there’s no valid will, the estate doesn’t go to the state — a common myth. Instead it passes under Florida’s intestacy statutes. In broad strokes:
- A surviving spouse with no descendants (or where all descendants are shared with that spouse) generally inherits the entire probate estate.
- When the decedent had children from another relationship, the estate is split between the spouse and the descendants.
- With no spouse, the estate flows to descendants, then to parents, then to siblings, and outward along the family tree.
Intestacy rarely matches what the person would have wanted, which is the strongest argument for putting a will or trust in place before it’s an emergency. If you’re reviewing your own plan, start with our guidance on Florida wills and estate planning.
When to bring in a probate attorney
Because formal administration legally requires counsel, the real question is usually which attorney and how early. Bring one in before you file if the estate has real property, a business, blended-family beneficiaries, sizable debts, or any tension among the heirs. The personal representative is personally liable for getting the fiduciary duties right; an experienced Florida probate lawyer keeps that liability contained and the timeline moving.
Our firm handles South Florida estates from intake through discharge, including contested matters — you can review our or reach us directly through our contact page to talk through where your estate stands.
Frequently asked questions about Florida probate
How long does probate take in Florida?
A straightforward formal administration usually takes six months to a year, largely because of the mandatory 3-month creditor claims period. Summary administration is faster and can conclude in a few weeks once the petition is filed.
Do all estates have to go through probate in Florida?
No. Assets that transfer automatically — jointly titled property, accounts with POD/TOD or living beneficiary designations, and trust-owned assets — pass outside probate. Probate is generally needed only for assets the decedent owned in their sole name with no built-in transfer.
Can I do Florida probate without a lawyer?
For formal administration, Florida law generally requires the personal representative to be represented by an attorney. A self-represented party may handle a simple summary administration where they are the sole interested person, but most estates need counsel.
What is the deadline to contest a will in Florida?
Interested persons typically have 3 months from being served the notice of administration to object to the will’s validity. Missing that window can permanently bar a will contest, so act quickly if you suspect a problem.
Does Florida have an estate or inheritance tax?
No. Florida imposes neither an estate tax nor an inheritance tax. A federal estate tax return may still be required for very large estates, but most Florida families owe no death tax at the state level.
Frequently Asked Questions
How long does probate take in Florida?
A straightforward formal administration usually takes six months to a year, largely because of the mandatory 3-month creditor claims period. Summary administration is faster and can conclude in a few weeks once the petition is filed.
Do all estates have to go through probate in Florida?
No. Assets that transfer automatically — jointly titled property, accounts with POD/TOD or living beneficiary designations, and trust-owned assets — pass outside probate. Probate is generally needed only for assets the decedent owned in their sole name with no built-in transfer.
Can I do Florida probate without a lawyer?
For formal administration, Florida law generally requires the personal representative to be represented by an attorney. A self-represented party may handle a simple summary administration where they are the sole interested person, but most estates need counsel.
What is the deadline to contest a will in Florida?
Interested persons typically have 3 months from being served the notice of administration to object to the will’s validity. Missing that window can permanently bar a will contest, so act quickly if you suspect a problem.
Does Florida have an estate or inheritance tax?
No. Florida imposes neither an estate tax nor an inheritance tax. A federal estate tax return may still be required for very large estates, but most Florida families owe no death tax at the state level.
Have a question about your estate?
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For more on our Florida practice, see our overview of probate and estate administration in Florida. Morgan Legal Group's affiliated New York office also handles .
