1 Overview of Florida probate
Florida probate is governed by the Florida Probate Code (Chapters 731–735, Florida Statutes) and administered by the Circuit Courts in each county. Florida uses the term personal representative (not "executor") for the person appointed to administer the estate — regardless of whether there is a will.
Three features make Florida probate distinctly different from most other states. First, Florida homestead protection — among the strongest in the nation — removes the primary residence from the probate estate entirely and places constitutional restrictions on how it can be left in a will. Second, a surviving spouse's elective share of 30% of the augmented estate cannot be defeated by any will provision. Third, Florida offers summary administration as a dramatically faster, cheaper alternative to formal probate for qualifying estates.
Florida probate at a glance
| Topic | Florida rule | Statute / authority |
|---|---|---|
| Formal administration required when | Estate non-exempt assets exceed $75,000 (pre-July 2026) / $150,000 (post-July 2026) | Fla. Stat. §735.201 |
| Summary administration threshold | $75,000 (rising to $150,000 on July 1, 2026) non-exempt assets, OR death > 2 years ago | Fla. Stat. §735.201; CS/SB 1500 |
| Filing fee — formal administration | ~$395 ($395 + $4 supplemental) | Fla. Stat. §28.2401 |
| Filing fee — summary administration | ~$235–$340 depending on estate value | Fla. Stat. §28.2401 |
| Attorney fees | Sliding scale: $1,500 floor (under $40K) up to 3% on $100K–$1M estate value | Fla. Stat. §733.6171 |
| Personal representative fees | Same schedule as attorney (presumed reasonable) | Fla. Stat. §733.617 |
| Creditor claim period | 90 days from first newspaper publication, or 30 days from direct notice — whichever is later | Fla. Stat. §733.702 |
| Will filing deadline | 10 days from learning of the death | Fla. Stat. §733.202 |
| Surviving spouse elective share | 30% of the augmented estate, regardless of will provisions | Fla. Stat. §732.2065 |
| Homestead — probate asset? | No — not a probate asset; passes outside the estate | Fla. Const. Art. X, §4 |
| Community property state? | No — Florida follows the common law (equitable distribution) system | — |
| State estate tax | None | — |
| State inheritance tax | None | — |
| Attorney required? | Yes for formal administration (unless PR is sole beneficiary) — Florida Probate Rule 5.030 | Fla. Prob. R. 5.030 |
2 The three types of Florida probate administration
Florida offers three paths to settle an estate. The right choice depends entirely on the estate's size, the composition of assets, whether the decedent has been dead for more than two years, and the urgency of resolving creditor claims.
- Fastest possible path
- Very low cost
- Very narrow eligibility — most estates don't qualify
- No protection from creditor claims
- No personal representative appointed
- Dramatically faster than formal administration
- Available for any estate if death was > 2 years ago
- Beneficiaries can be personally liable for decedent's debts up to assets received
- Doesn't bar creditor claims the way formal administration does
- Bars creditor claims after 90-day notice period
- Full court oversight protects beneficiaries
- Attorney required — Florida Probate Rule 5.030
- Higher cost, longer timeline
- Florida law requires completion within 12 months of PR appointment
3 Formal administration — step by step
For estates that require formal administration (non-exempt assets exceed $75,000, or $150,000 from July 1, 2026), the process proceeds through eight stages. All filings must be submitted electronically through the Florida Courts E-Filing Portal (myflcourtaccess.com) — Florida courts no longer accept paper filings in most probate matters.
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1
File the will with the circuit court Within 10 days of death
Under Fla. Stat. §733.202, anyone who has possession of the decedent's will must file it with the clerk of the circuit court in the county of the decedent's domicile within 10 days of learning of the death. This is a shorter deadline than most states — California allows 30 days, Texas allows 4 years. Missing this deadline can create legal complications and slow the entire process.
Original willNo fee to file will alone -
2
File a Petition for Administration ~$395 filing fee
File a Petition for Administration with the Circuit Court in the county where the decedent was domiciled at death. Submit electronically through myflcourtaccess.com. Attach the original will, a certified death certificate, and supporting documents. The filing fee under Fla. Stat. §28.2401 is approximately $395 for formal administration (plus a $4 supplemental fee).
Florida Probate Rule 5.030 requires that a personal representative in formal administration be represented by a Florida attorney unless the personal representative is the sole beneficiary. This is different from California, Texas, and many other states where self-representation is generally permitted.
Petition for AdministrationCertified death certificateOriginal will$395 filing fee -
3
Court appoints personal representative — Letters of Administration issued
The court reviews the petition and, if approved, issues Letters of Administration granting the personal representative legal authority to act on behalf of the estate. Florida courts in most counties schedule these hearings within 2–4 weeks of filing, though Miami-Dade and Broward can run 4–6 weeks due to volume. Many uncontested matters are approved without a hearing under Florida's simplified procedures.
Order at least 10 certified copies of Letters of Administration — banks, title companies, brokerages, and government agencies each require their own certified copy. At $10–$20 per copy in Florida, ordering extras now is far cheaper than requesting them later.
Letters of Administration — court issuedCertified copies: ~$10–$20 each -
4
Serve Notice of Administration & publish Notice to Creditors Starts 90-day creditor clock
This step is critically important and has two distinct components. First, the personal representative must serve a Notice of Administration on interested persons (beneficiaries, heirs, trustees) — this triggers the surviving spouse's 6-month deadline to file an elective share claim.
Second, the personal representative must publish a Notice to Creditors in a newspaper of general circulation in the county where the decedent lived, once per week for two consecutive weeks. This starts the 90-day creditor claim period under Fla. Stat. §733.702. Creditors who receive direct written notice have only 30 days from that notice to file a claim (whichever period expires later applies). Creditors who fail to file within this period are generally forever barred.
Special rule for decedents 55 or older: If the decedent was 55 years old or older, the personal representative must serve a copy of the Notice of Administration and a copy of the death certificate on the Agency for Health Care Administration (AHCA) within 3 months of first publication — this addresses potential Medicaid estate recovery claims.
Notice of AdministrationNotice to Creditors (newspaper)Publication: ~$150–$300AHCA notice (if decedent ≥ 55) -
5
File inventory of estate assets Within 60 days of Letters
The personal representative must file a detailed inventory of all probate estate assets with the court within 60 days of the issuance of Letters of Administration (Fla. Stat. §733.604). The inventory includes a description and fair market value of each asset as of the date of death. Unlike California, Florida does not require a court-appointed Probate Referee — the personal representative values the assets, often with the assistance of appraisers for real property and business interests.
Homestead property is excluded from the inventory — it is not a probate asset and the personal representative has no authority over it. See Section 5 of this guide for the full homestead rules.
Inventory of probate estate assets~$85 filing fee for estates over $25,000 -
6
Pay valid creditor claims, resolve estate debts
After the 90-day creditor claim period expires, the personal representative reviews all filed claims and pays those that are valid. Claims are paid in order of statutory priority under Fla. Stat. §733.707: (1) costs of administration, (2) family allowances, (3) exempt property, (4) preferred claims (funeral expenses, last illness expenses), (5) federal taxes, (6) state taxes, (7) child support judgments, (8) all other claims.
The personal representative can object to claims using a written notice of objection. Creditors then have 30 days to respond. If no response is filed, the claim is deemed abandoned.
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7
File estate tax returns & accountings
File the decedent's final income tax return (Form 1040) for the year of death. If the estate generates income exceeding $600 during administration, file a fiduciary income tax return (Form 1041). Federal estate tax only applies to estates exceeding $15,000,000 (2026 threshold). Florida has no state estate or inheritance tax. The personal representative must prepare a formal accounting of all estate income, expenses, and distributions — either filed with the court or provided to all beneficiaries who sign waivers.
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8
Petition for discharge — close the estate
Once all debts are paid, taxes filed, and assets distributed, the personal representative files a Petition for Discharge with the court. The court reviews the final accounting, confirms that all duties have been performed, and issues an Order of Discharge formally releasing the personal representative from liability. Florida law requires formal administration to be completed within 12 months of the personal representative's appointment — extensions require court approval.
Petition for DischargeFinal accountingOrder of Discharge — court issued
4 Timeline & attorney fees
How long does Florida probate take?
| Track | Typical timeline | Minimum possible | Key bottleneck |
|---|---|---|---|
| Disposition without administration | 2–4 weeks | ~2 weeks | Very narrow eligibility |
| Summary administration | 1–3 months | ~4 weeks | Court scheduling |
| Formal administration — simple estate | 6–9 months | 5 months | 90-day creditor period |
| Formal administration — typical estate | 8–12 months | 5 months | Creditor period + accounting |
| Miami-Dade / Broward (high volume) | 10–14 months | 6 months | Court scheduling backlog |
| Contested will or heir dispute | 2–4+ years | — | Litigation |
Florida attorney fee schedule — Fla. Stat. §733.6171
Florida's statutory attorney fee schedule under §733.6171 is presumed reasonable — but critically, it is not mandatory and it is negotiable. The statute requires attorneys to disclose in writing that the fee schedule is negotiable before charging based on it. Many Florida probate attorneys offer flat-fee arrangements that can be substantially less than the statutory schedule, especially for straightforward estates.
| Estate compensable value | Statutory attorney fee | Personal rep fee (same) | Combined (if both claimed) |
|---|---|---|---|
| $40,000 or less | $1,500 | $1,500 | $3,000 |
| $40,001 – $70,000 | $2,250 | $2,250 | $4,500 |
| $70,001 – $100,000 | $3,000 | $3,000 | $6,000 |
| $100,001 – $1,000,000 | $3,000 + 3% over $100K | Same | Double |
| $1,000,001 – $3,000,000 | $30,000 + 2.5% over $1M | Same | Double |
| $3,000,001 – $5,000,000 | $80,000 + 2% over $3M | Same | Double |
| $5,000,001 – $10,000,000 | $120,000 + 1.5% over $5M | Same | Double |
| Over $10,000,000 | $195,000 + 1% over $10M | Same | Double |
Unlike California, Florida's "compensable value" excludes homestead property. A $600,000 home that qualifies as Florida homestead is not counted in calculating attorney fees — a significant difference that reduces statutory fees for estates where the primary asset is a protected home.
Florida probate fee calculator
Estimate attorney & personal representative fees under §733.6171
Note: Florida excludes homestead property from the compensable value. Enter only non-homestead estate assets below.
5 Florida homestead — the most important rule in Florida probate
Florida's homestead protection under Article X, Section 4 of the Florida Constitution is among the strongest property protections in the United States. Understanding homestead is essential for every Florida estate that includes a primary residence — because homestead operates completely outside the normal probate process and imposes constitutional restrictions that override even a carefully drafted will.
What homestead means for probate
- Homestead is not a probate asset — the personal representative has no jurisdiction over it and cannot sell it as part of the estate
- Homestead is protected from most creditor claims — the estate's creditors generally cannot force a sale of the homestead to satisfy debts
- Homestead is excluded from the probate attorney fee calculation — saving families significant money on fees
- Homestead cannot be freely devised if the decedent has a surviving spouse or minor children — the will's provisions are overridden by the Florida Constitution
- A will that improperly devises homestead property is treated as if there were no will for that property
How homestead passes — depends on survivors
Homestead inheritance by survivor scenario
The surviving spouse receives a life estate in the homestead — the right to occupy and use the home for the rest of their life. The minor children receive a remainder interest — they become full owners when the life estate ends (upon the spouse's death).
The spouse may elect within 6 months to take a 50% tenant-in-common interest instead of the life estate (giving up the right to occupy for the ability to force a sale or partition). This election is irrevocable once made.
Authority: Fla. Stat. §732.401(1); Fla. Stat. §732.401(2)
The homestead passes directly to the surviving spouse. The decedent can devise the home to the spouse in a will, or it passes automatically under Florida law. No restrictions apply — the spouse becomes the outright owner.
If the spouse does not want the homestead, they may disclaim the inheritance within 9 months of the decedent's death.
Authority: Fla. Stat. §732.4015; Fla. Const. Art. X §4
The homestead can be freely devised in a will to any person or entity. If there is no will, the homestead passes under Florida's normal intestate succession rules (first to adult children, then up the family tree). No constitutional restrictions apply in this scenario.
An adult child who inherits homestead and later sells it may need an Order Determining Homestead from the probate court to clear title before sale.
Authority: Fla. Stat. §732.4015(2); Fla. Stat. Ch. 733 intestate succession
If a will attempts to leave homestead to someone other than the surviving spouse (e.g., "I leave my home to my children equally") when there is a surviving spouse or minor children, that provision of the will is void. The homestead passes as if that provision did not exist — generally to the spouse as in Scenario 1 or 2.
This is extremely common. Many older wills were drafted without accounting for Florida's homestead restrictions. An experienced Florida probate attorney should review any will that includes real property.
Authority: Fla. Stat. §732.4015; Florida Bar v. Wooten
7 Real estate in Florida probate
Florida real estate in a probate estate requires careful handling. The rules differ significantly depending on whether the property is homestead, and whether the estate has formal or summary administration authority.
Selling probate property in Florida
Unlike California, Florida does not have a unified IAEA-style system. In formal administration, the personal representative generally has authority to sell non-homestead real property during probate — subject to their fiduciary duties and the court's oversight. For contested sales or situations where beneficiaries object, a court order may be required.
Can I sell the house before probate closes?
Yes, for non-homestead property in formal administration. The personal representative can list and sell property once Letters of Administration are issued. The sale proceeds become estate assets distributed at closing. For homestead property, the right to sell depends on who inherits the homestead under Scenario 1-4 above — if there is a life estate, the life tenant and remainder beneficiaries must both agree to any sale.
Florida's stepped-up basis advantage
Like all inherited property, Florida real estate benefits from the federal stepped-up cost basis rule (IRC §1014). The heir's cost basis resets to fair market value on the date of death — eliminating decades of capital gain. Florida has no state income tax, meaning capital gains from selling inherited Florida property are taxed only at the federal level. This is one of the most significant financial benefits of inheriting Florida real estate and is frequently overlooked.
8 Key Florida probate forms
Florida probate uses standardized forms available through the Florida Courts and each county's Circuit Court. All filings must be submitted electronically through myflcourtaccess.com. Below are the most commonly required forms, with plain-English explanations.
Opens formal probate. Identifies the decedent, proposed personal representative, nature of the estate, and asks for Letters of Administration. Filed with the Circuit Court in the county of the decedent's domicile.
Opens summary administration for qualifying estates (under $75,000 / $150,000 July 2026, or death over 2 years ago). All beneficiaries must sign. Results in an Order of Summary Administration — no personal representative is appointed.
Served on all interested persons (heirs, beneficiaries, trustees) after the personal representative is appointed. Triggers the 6-month deadline for the surviving spouse's elective share claim and the 3-month period to contest a will.
Published in a local newspaper once per week for two consecutive weeks. Starts the 90-day creditor claim period. The newspaper must be of general circulation in the county where the decedent lived.
Detailed list of all probate assets with fair market values as of the date of death. Excludes homestead property. Filed with the court within 60 days of Letters of Administration. Separate ~$85 filing fee for estates over $25,000.
Court order confirming that specific real property qualifies as Florida homestead and directing how title should transfer. Often required by title companies before a buyer will close on an inherited Florida property. Essential for any estate with real property.
Filed by a surviving spouse to claim their 30% elective share under §732.2065. Must be filed no later than 6 months after the Notice of Administration is served, or 2 years from the date of death — whichever is earlier.
Filed by the personal representative at the end of formal administration after all debts are paid, taxes filed, and assets distributed. Asks the court to discharge the personal representative from further liability and formally close the estate.
9 Florida probate courts by county
Probate is filed in the Circuit Court of the county where the decedent was domiciled at the time of death. Florida has 20 judicial circuits covering all 67 counties. All probate filings must be submitted electronically through the Florida Courts E-Filing Portal (myflcourtaccess.com). Select your county below for courthouse address, circuit, filing hours, and local court rules.
All 67 Florida counties listed. Click any county for courthouse details, local court rules, and filing instructions.