How Does Probate Work in Florida? A Step-by-Step Guide
When a loved one passes away in Florida, their estate usually has to go through a court-supervised process called probate. If you have just been named a personal representative—or you are simply trying to understand what happens next—the process can feel overwhelming. This guide breaks down exactly how probate works in Florida, how long it takes, what it costs, and which assets can skip it entirely.
What Is Probate in Florida?
Probate is the legal process of settling a deceased person’s estate. A Florida court oversees the process to make sure debts and taxes are paid and that the remaining assets are distributed to the right heirs or beneficiaries. Probate is generally required when a person dies owning assets in their name alone—whether or not they left a valid will.
If there is a will, the person named in it (the personal representative, sometimes called an executor) carries out its instructions under court supervision. If there is no will, Florida’s intestacy laws decide who inherits.
How Does Probate Work in Florida? The Step-by-Step Process
- File the petition. The process begins by filing a petition for administration with the circuit court in the county where the deceased lived, along with the original will (if one exists) and the death certificate.
- Appoint the personal representative. The court issues “Letters of Administration,” giving the personal representative legal authority to act on behalf of the estate.
- Identify and value assets. The personal representative inventories the estate’s assets and files that inventory with the court.
- Notify creditors. Known creditors are notified directly, and a Notice to Creditors is published. Creditors generally have a limited window to file claims.
- Pay debts, taxes, and expenses. Valid creditor claims, final taxes, and administration costs are paid from the estate.
- Distribute the remaining assets. Whatever is left is distributed to the beneficiaries named in the will—or to the legal heirs under Florida law if there is no will.
- Close the estate. The personal representative files a final accounting, and the court formally closes the estate.
Types of Probate in Florida
Florida has more than one path through probate, and the right one depends on the size and circumstances of the estate:
- Formal Administration. The full process described above, used for most estates and any estate that needs a personal representative to manage assets.
- Summary Administration. A faster, simplified option available when the estate’s non-exempt assets are valued at $75,000 or less, or when the person has been deceased for more than two years.
- Disposition Without Administration. A limited option for very small estates, generally used to reimburse someone who paid final expenses when the only assets are exempt property or minimal funds.
How Long Does Probate Take in Florida?
A straightforward formal administration typically takes about six months to a year. Summary administration can be much faster—sometimes just a few weeks to a couple of months. Estates with disputes, hard-to-value assets, creditor issues, or contested wills can take considerably longer.
How Much Does Probate Cost in Florida?
Costs vary with the size and complexity of the estate, but generally include court filing fees, publication costs, the personal representative’s compensation, and attorney’s fees. Florida law provides guidelines for reasonable attorney’s fees based on the estate’s value. Because these costs come out of the estate, thoughtful estate planning can significantly reduce or even eliminate them.
Which Assets Skip Probate in Florida?
Not everything a person owns has to go through probate. Assets that typically pass outside of probate include:
- Property held in a living trust
- Accounts with a named beneficiary (life insurance, IRAs, 401(k)s)
- Bank or investment accounts with a “payable-on-death” or “transfer-on-death” designation
- Property owned jointly with rights of survivorship
- Homestead property transferred through a Lady Bird (enhanced life estate) deed
This is exactly why many Florida families use trusts and beneficiary designations—to spare their loved ones the time and expense of probate.
Do You Need a Lawyer for Probate in Florida?
In most Florida formal administrations, the personal representative is required by law to be represented by an attorney. Even when it is not strictly required, probate involves strict deadlines, court filings, and personal liability for mistakes—so having a lawyer protects both the estate and the personal representative. Our Miami probate attorneys guide families through every step, in English and Spanish.
If you have lost a loved one and need help with probate—or you want to set up your estate so your family can avoid it—call Alfredo J. Rubio Law, PLLC at 1-844-PODEMOS for a free consultation.
Frequently Asked Questions About Florida Probate
Is probate required in Florida if there is a will?
Yes. Having a will does not avoid probate. The will simply tells the court how you want your probate assets distributed. To avoid probate, assets must be titled to pass outside of it—such as through a trust, joint ownership, or beneficiary designations.
How long do you have to file probate after a death in Florida?
Anyone who has custody of the original will must file it with the court within 10 days of learning of the death. While there is no strict deadline to open the estate itself, waiting can create complications, so it is best to begin promptly.
Can you avoid probate in Florida?
Yes. With proper planning—using living trusts, payable-on-death accounts, joint ownership, and Lady Bird deeds—most or all of an estate can pass to your family without probate. An estate planning attorney can design a plan tailored to your assets.
How much does a probate attorney cost in Florida?
Florida law sets guidelines for reasonable probate attorney’s fees, often based on a percentage of the estate’s value, though many attorneys offer flat-fee or hourly arrangements for simpler matters. We discuss fees openly during your free consultation.
