Florida Probate Explained

A clear guide to the Florida probate process, including formal and summary administration, timelines, and key considerations under Florida law.

What Is Probate in Florida?

Probate is the court process used to:

  • Validate a Last Will and Testament (if one exists)

  • Appoint a Personal Representative

  • Identify and value assets

  • Pay valid debts and expenses

  • Distribute remaining property to beneficiaries

Probate is handled in the Circuit Court of the county where the deceased person resided.

Not every asset passes through probate. Only assets titled solely in the deceased person’s name without a designated beneficiary typically require probate.

When Is Probate Required?

Probate is usually required when:

  • A person dies owning assets in their individual name

  • There is no valid beneficiary designation

  • There is no joint owner with rights of survivorship

  • There is no properly funded living trust

Common probate assets include:

  • Real estate titled in the individual’s name

  • Bank accounts without a payable-on-death designation

  • Investment accounts without a transfer-on-death designation

  • Personal property of significant value

If most assets were jointly owned or properly designated, probate may be limited or unnecessary.

The Two Main Types of Probate in Florida

Florida law provides two primary probate procedures:

1. Formal Administration

Formal Administration is the standard probate process.

It is required when:

  • The estate value exceeds $75,000 (excluding exempt property), or

  • The decedent has been deceased for less than two years

Formal administration involves:

  • Appointment of a Personal Representative

  • Notice to creditors

  • Potential creditor claims period (typically 90 days after publication)

  • Court filings and judicial oversight

This process typically takes several months to over a year, depending on complexity.

2. Summary Administration

Summary Administration is a simplified procedure available when:

  • The estate value is $75,000 or less (excluding exempt property), or

  • The decedent has been deceased for more than two years

This process does not involve appointing a Personal Representative.

Instead, beneficiaries petition the court directly for distribution.

Summary administration is generally faster and less expensive than formal administration.

How Long Does Probate Take in Florida?

There is no single timeline, but general ranges are:

  • Summary Administration: Often 1–3 months

  • Formal Administration: Typically 6–12 months or longer

Factors that affect timeline include:

  • Real estate issues

  • Creditor claims

  • Family disputes

  • Missing beneficiaries

  • Complex assets

Even straightforward estates take time because creditor notice periods must run under Florida law.

What Is a Personal Representative?

In Florida, the person responsible for managing probate is called the Personal Representative (sometimes called the executor in other states).

The Personal Representative is responsible for:

  • Gathering estate assets

  • Opening estate accounts

  • Providing notice to creditors

  • Filing required documents with the court

  • Distributing assets

Florida requires that most Personal Representatives be represented by a licensed Florida attorney during probate.

Does Florida Have a State Estate Tax?

No.

Florida does not impose a separate state estate tax.

However, large estates may still be subject to federal estate tax, depending on federal thresholds in effect at the time of death.

Most Florida families will not be subject to federal estate tax.

Can Probate Be Avoided in Florida?

In some cases, yes.

Common probate-avoidance strategies include:

  • Properly funded revocable living trusts

  • Joint ownership with rights of survivorship

  • Beneficiary designations (POD/TOD)

  • Lady Bird Deeds (Enhanced Life Estate Deeds)

However, these tools must be implemented correctly. Improper planning can still result in probate.

Avoiding probate should be part of a coordinated estate plan, not a last-minute reaction.

Special Florida Considerations

Florida has unique rules that impact probate:

  • Homestead protections may restrict transfer of a primary residence.

  • Surviving spouses and minor children may have protected interests.

  • Elective share rights may affect distribution.

  • Creditor protections differ from many other states.

These rules make Florida-specific planning important.

When Should You Speak With a Florida Probate Attorney?

You should consider speaking with a Florida probate attorney if:

  • You are named as Personal Representative

  • You are unsure whether probate is required

  • There is real estate involved

  • There are family disagreements

  • You are concerned about creditor claims

Florida probate is manageable when approached methodically, but mistakes can cause delay or liability.

Final Thoughts

Probate in Florida is not something to fear, but it is something to understand.

With proper planning, many estates can be simplified. When probate is necessary, understanding the structure of the process reduces uncertainty and stress.

The key is preparation.

For additional Florida estate planning resources, explore the other educational modules within the American Estate Planning Series.