If you have heard the term “Surrogate’s Court,” that is a New York name. In Florida, there is no Surrogate’s Court. Probate matters are handled by the probate division of the circuit court in the county where the person who died (the “decedent”) lived. This guide walks first-timers through how it actually works under the Florida Probate Code (Chapters 731 through 735, Florida Statutes).
What probate is, in plain English
Probate is the court-supervised process of settling a person’s affairs after death: proving the will is valid, identifying and gathering assets, paying valid debts and taxes, and transferring what is left to the right people. If there is a will, it usually names a personal representative (what other states call an executor). If there is no will, Florida law decides who inherits and who serves.
Two main paths: summary vs. formal administration
Florida offers two primary procedures, and which one applies depends mostly on the size and age of the estate.
Summary administration is the shorter path. It is generally available when the value of the probate estate (not counting exempt homestead) is $75,000 or less, or when the decedent has been dead for more than two years. There is no personal representative appointed; instead, the court enters an order distributing assets directly.
Formal administration is the full process. A personal representative is appointed, receives “letters of administration,” and manages the estate from start to finish. Most larger or more complicated Florida estates go this route.
What usually does NOT go through probate
Many Florida assets pass outside of court entirely. These include accounts with named beneficiaries (life insurance, retirement plans, payable-on-death bank accounts), property held as joint tenants with right of survivorship or as tenancy by the entirety between spouses, assets titled in a revocable living trust (Chapter 736), and real estate transferred by a properly drafted enhanced life estate deed, commonly called a Lady Bird deed. Reducing probate is one reason many Floridians use trusts and beneficiary designations.
Florida-specific wrinkles to know
A few features make Florida probate distinct. Homestead property receives special constitutional protection under Article X, Section 4, of the Florida Constitution, including limits on who can inherit it when there is a surviving spouse or minor child. A surviving spouse also has an elective share right (Sections 732.2065 and following) to claim a portion of the estate even if the will leaves them less. And there is good news on taxes: Florida has no state estate tax and no inheritance tax, so the only death tax concern is the federal estate tax, which affects only very large estates.
Do you need a lawyer?
In most formal administrations, Florida court rules require the personal representative to be represented by an attorney, because the representative acts on behalf of others. Summary administration may be possible without counsel in simpler cases, but the paperwork and notice requirements still trip up many people.
A quick word before you start
Every estate is different, and deadlines in Florida probate can be unforgiving. This article is general information, not legal advice. Before filing anything with a Florida circuit court, talk with a licensed Florida probate attorney who can review your specific situation and the assets involved.
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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 .
