Florida probate is the court process that transfers a person's property after death. It is usually formal administration or, for smaller or older estates, summary administration. A personal representative generally must be represented by a Florida attorney (Fla. Prob. R. 5.030), and creditors generally have three months from first publication of the notice to creditors to file claims.
Probate is the court process that transfers a person's property after death. It confirms who is in charge of the estate, gives creditors a chance to come forward and makes sure what is left reaches the right people. If you have been named as personal representative, or you think a loved one's estate needs probate, this page explains how it works in Florida, step by step.
First steps after a death
The early days after a loss are not the time to make legal decisions alone, but a few steps help protect the estate:
- Find the original will. Under section 732.901, whoever has custody of the original will must deposit it with the clerk of the court within 10 days after learning of the death.
- Secure property. Lock the home, protect vehicles and valuables, and keep insurance in force.
- Gather paperwork. Collect death certificates, recent bank and account statements, deeds, and any trust documents.
- Hold off on distributions. Do not hand out property or pay debts from estate funds until you know which claims are valid and in what order.
Do you need a probate attorney in Florida?
In most cases, yes. Under the Florida Probate Rules (Rule 5.030), a personal representative in Florida generally must be represented by a Florida attorney, except in limited cases. Beyond the rule itself, a probate lawyer helps you avoid common mistakes, such as paying the wrong debts first or distributing property too early, that can leave a personal representative personally exposed.
Which assets go through probate
Probate generally covers property the person owned in their own name alone, with no beneficiary or surviving co owner. Many assets pass outside probate, including assets titled in a revocable living trust and accounts with a valid beneficiary designation. A Florida homestead has its own rules on who inherits and on creditor protection. Part of our first review is sorting out which assets actually need the court, because that decides which type of probate is available.
Who can serve as personal representative
The personal representative is the person appointed by the court to settle the estate. A will usually names one. If there is no will, Florida's intestate succession statutes decide who inherits, and Florida law sets who has preference to be appointed. Either way, the person must qualify:
- Under section 733.303, a person cannot serve if they have been convicted of a felony, have been convicted of abusing, neglecting or exploiting an elderly person or disabled adult, are mentally or physically unable to perform the duties, or are under 18.
- Under section 733.304, a person who does not live in Florida can serve only if they are a close relative of the decedent, such as a child, parent, adopted child or adoptive parent, spouse, sibling, aunt, uncle, niece or nephew, or certain relatives or spouses of those people.
This nonresident rule is a common surprise. A trusted friend who lives in another state may be named in the will but still be unable to serve. If the named person cannot qualify, the court appoints someone else under Florida law.
The personal representative's role
The job generally involves:
- Locating the will and opening the estate with the court.
- Identifying, securing and valuing the estate's assets.
- Giving notice to beneficiaries and creditors.
- Reviewing claims and paying valid debts and expenses.
- Distributing what remains to the people entitled to it, and closing the estate.
Chapter 2026-57, effective July 1, 2026, also gives personal representatives two practical tools: a financial institution must give the personal representative access to the decedent's safe deposit box once it receives a copy of the letters of administration, and a personal representative may bring proceedings to enforce their authority under the Florida Probate Code and recover the associated costs, including attorney fees.
It is a role of trust, and the court expects it to be done carefully. We handle the filings and guide you through each decision.
The three routes: formal, summary and no administration
Florida law offers more than one path, depending on the size and nature of the estate:
- Formal administration is the full process. The court appoints a personal representative, who gathers assets, handles creditor claims and distributes the estate under court supervision.
- Summary administration is a shorter process. Under section 735.201, as amended by chapter 2026-57, Laws of Florida, it is generally available when the value of the non exempt estate is $150,000 or less, or when the person died more than two years ago. The limit was raised from $75,000 effective July 1, 2026. For deaths before that date the older limit may still apply, so ask us which limit applies to your estate.
- Disposition without administration is available under section 735.301 in narrow cases, when the person left only exempt property and non exempt personal property worth no more than preferred funeral expenses and certain medical and hospital expenses of the last 60 days of the final illness.
How summary administration works
Summary administration starts with a petition to the court. If there is a will, it must still be proved and admitted to probate. Under section 735.206, before the court enters an order the petitioner must make a diligent search and reasonable inquiry for known or reasonably ascertainable creditors, serve them with a copy of the petition and make provision for paying them to the extent assets are available. The court can then enter an order of summary administration allowing immediate distribution of the assets to the people entitled to them.
Summary administration is quicker, but it shifts some risk to the people who receive the property. Under section 735.206, they can be personally liable for their share of lawful claims, up to the value of what they received, until the claims are barred. A creditor who was known but not served can still pursue the claim. Doing the creditor search properly protects everyone involved.
Notice to creditors and claim deadlines
In formal administration, section 733.2121 requires the personal representative to publish a notice to creditors once a week for two consecutive weeks in a newspaper in the county where the estate is administered. The personal representative must also make a diligent search for reasonably ascertainable creditors and serve them with a copy of the notice. If the person who died was 55 or older, a copy must also be served on the Agency for Health Care Administration within three months after first publication.
Under section 733.702, a creditor's claim generally must be filed by the later of three months after first publication of the notice or 30 days after the creditor was served with it. Separately, section 733.710 sets an outer limit: two years after the date of death, claims against the estate are generally barred, even if no probate was ever opened, with exceptions for creditors who filed a timely claim and for certain recorded mortgages and liens.
How long does probate take in Florida?
Timelines vary. The size of the estate, the type of administration, the number of beneficiaries, any disputes and the court's own schedule all play a part. In formal administration, the creditor period alone is generally at least three months from first publication of the notice to creditors, so the estate cannot be closed before that runs. We give you a realistic picture once we have reviewed the estate, and we keep you updated as it moves forward.
What does probate cost in Florida?
Florida probate cost depends on the estate. Court filing fees, publication costs for the notice to creditors and attorney fees are the usual categories, and the amount of work involved varies widely from one estate to another. We discuss fees openly at your free consultation so there are no surprises. If you are planning ahead, our guide on how to avoid probate in Florida explains what drives cost and how to keep assets out of court.
Probate attorney near me
We help families with Florida probate from our offices in Fort Lauderdale, Indian Harbour Beach and Orlando. If the estate is in the Orlando area, our Orange County estate planning and probate page covers the local steps, from depositing the will to the Ninth Judicial Circuit. We also have local probate guides for Miami-Dade, Palm Beach, Volusia, Polk, Marion, Lee, Collier and Sarasota and Manatee counties and the Treasure Coast. Our firm limits its caseload, so you work directly with an attorney throughout the process. Contact us to talk through the estate.
If you are thinking ahead for your own family, our Florida estate planning page explains how a will or trust can make things simpler for the people you leave behind.
