Probate is the court-supervised process of settling a deceased person's affairs—identifying assets, paying valid debts and taxes, and distributing what remains to the people entitled to it. In Florida, probate is governed by the Florida Probate Code (Fla. Stat. ch. 731–735) and handled by the circuit court in the county where the decedent lived.
This guide explains Florida's two main probate procedures, what a personal representative does, and how long the process takes. It is general information, not legal advice; consult a Florida probate attorney about a specific estate.
When probate is required
Probate is necessary for assets that were titled in the decedent's sole name with no beneficiary or survivorship feature. Assets that pass automatically—jointly owned property with rights of survivorship, payable-on-death and transfer-on-death accounts, life insurance and retirement accounts with named beneficiaries, and assets held in a living trust—do not go through probate. Whether or not there is a will, sole-name assets generally must be administered through the court.
Florida law requires the custodian of a will to deposit it with the clerk of court within 10 days of learning of the death (Fla. Stat. § 732.901), even if no probate is ultimately opened.
Formal administration
Formal administration (Fla. Stat. ch. 733) is Florida's full probate procedure. The court appoints a personal representative (Florida's term for an executor or administrator) and issues “letters of administration” granting authority to act. Because Florida law generally requires the personal representative to be represented by an attorney, formal administration nearly always involves a probate lawyer.
The personal representative must marshal and inventory assets, serve a notice to creditors, pay valid claims and taxes, resolve disputes, and then distribute the remaining assets to beneficiaries or heirs. Creditors generally have a limited window—three months from publication of the notice, or as otherwise provided—to file claims (Fla. Stat. § 733.702). This creditor period is a major reason formal administration takes time.
Summary administration
Summary administration (Fla. Stat. ch. 735) is a faster, simpler alternative available when either of two conditions is met: the value of the non-exempt estate is less than $75,000, or the decedent has been dead for more than two years (after two years, creditor claims are generally barred). Summary administration does not appoint a personal representative in the usual sense; instead, the court enters an order directly distributing the assets.
Because it skips much of the formal process, summary administration is quicker and cheaper—sometimes resolved in weeks. It is not available for every estate, and disputes or significant debts may force formal administration instead.
Disposition without administration
For very small estates, Florida offers disposition of personal property without administration (Fla. Stat. § 735.301). This procedure can release assets without opening a probate case at all when the estate consists only of exempt personal property and non-exempt assets that do not exceed the cost of final illness and funeral expenses. It is a limited tool for modest estates with no real property.
What the personal representative does
The personal representative has a fiduciary duty to act in the best interests of the estate and its beneficiaries. Core duties include locating and securing assets, obtaining valuations, notifying beneficiaries and creditors, paying valid debts and taxes in the order set by statute, keeping records, filing required documents with the court, and making final distributions. A personal representative who breaches these duties can be held personally liable.
Florida sets who is eligible to serve (Fla. Stat. §§ 733.302–.305). Generally a person must be a Florida resident, or—if a non-resident—a close relative of the decedent. The will's nominee usually serves, but the court appoints an administrator when there is no will or the nominee cannot serve.
Creditors, debts, and homestead
Estate debts are paid before beneficiaries receive anything, but Florida's homestead protection (Fla. Const. Art. X § 4) shields the primary residence from most creditors—it generally passes to heirs free of most claims. Determining whether property qualifies as homestead is a frequent and important issue in Florida probate. See our homestead and estate planning guide. The surviving spouse and certain heirs are also entitled to exempt property and a family allowance (Fla. Stat. §§ 732.402, 732.403).
How long it takes and how to avoid it
Summary administration may conclude in a few weeks to a couple of months. Formal administration typically runs six months to a year or longer, driven largely by the creditor claims period and any disputes. The most reliable ways to spare your family probate are a funded living trust, current beneficiary designations, and joint ownership with survivorship—all of which pass outside probate. For the full estate-planning picture, see our overview of estate planning and probate in Florida.
Frequently asked questions
How much does probate cost in Florida?
Costs include court filing fees, publication costs, and attorney's fees. Florida statute provides a presumptively reasonable attorney's fee schedule based on the estate's value (Fla. Stat. § 733.6171), though fees can vary. Summary administration is generally far less expensive than formal administration because it is shorter and simpler.
Can I avoid probate in Florida?
Yes. Assets in a funded living trust, jointly owned property with survivorship, payable-on-death and transfer-on-death accounts, and assets with named beneficiaries all pass outside probate. A well-designed plan can keep most or all of an estate out of court. See our living trusts guide.
Do I need a lawyer for Florida probate?
Usually, yes. Florida generally requires the personal representative in a formal administration to be represented by an attorney. Summary administration and disposition without administration may sometimes be handled without counsel, but legal help is still common given the technical requirements.
What is the difference between summary and formal administration?
Formal administration (Fla. Stat. ch. 733) is the full process with an appointed personal representative and a creditor claims period. Summary administration (Fla. Stat. ch. 735) is a streamlined procedure available when the non-exempt estate is under $75,000 or the decedent has been dead more than two years, ending in a court order distributing assets directly.
Find a Florida probate attorney
Probate involves strict deadlines, creditor rules, and homestead questions that can trip up an unrepresented personal representative. A Florida probate attorney can determine which procedure applies, handle the filings, and protect the personal representative from personal liability. This guide is general information, not legal advice—consult a licensed Florida attorney about a specific estate.