Florida Probate Process: A Complete 2026 Guide

Overview of Florida Probate

Florida probate is governed by the Florida Probate Code (Chapters 731–735 of the Florida Statutes). The state offers two main types of probate: formal administration and summary administration. Unlike California, Florida does not use statutory fee schedules.

Types of Florida Probate

Formal Administration

Required for estates valued at more than $75,000 (excluding exempt property) or when the decedent has been dead for less than two years. This is the standard full probate process.

Summary Administration

Available for estates valued at $75,000 or less (excluding exempt property) or when the decedent has been dead for more than two years. This is a simplified, faster process.

Disposition Without Administration

For very small estates where assets consist only of exempt property, final medical/funeral expenses.

Step-by-Step Formal Administration

Step 1: File Petition for Administration

The personal representative (Florida's term for executor) files a petition with the circuit court in the county where the decedent lived.

Step 2: Appoint Personal Representative

Florida requires the personal representative to be represented by a Florida attorney. The court issues Letters of Administration.

Step 3: Notice to Creditors

Publish a Notice to Creditors in a local newspaper for two consecutive weeks. Creditors have 3 months from the first publication date to file claims. This is shorter than the 7-month period in New York.

Step 4: Inventory

File an inventory within 60 days of appointment listing all probate assets.

Step 5: Pay Claims and Debts

Review and pay (or object to) creditor claims. File final tax returns.

Step 6: Final Accounting and Distribution

File a final accounting, petition for discharge, and distribute assets.

Florida Homestead Rules

Florida has unique homestead protection rules:

• The homestead is generally exempt from creditor claims (except mortgages and certain liens)
• If the decedent is survived by a spouse or minor child, the homestead cannot be devised to anyone other than the spouse
• The surviving spouse may elect a life estate or an undivided one-half interest as tenant in common

Florida Probate Costs

Timeline

• Summary administration: 1–3 months
• Formal administration: 6–12 months (minimum 3-month creditor period)

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