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Florida Probate Guide
Florida probate is governed by the Florida Probate Code (Chapters 731–735, Florida Statutes) and handled by the circuit court in the county where the person lived. Here is a general overview — always confirm details with a Florida probate attorney.
Inherited Property Associates is not a law firm and does not provide legal or tax advice.
Summary administration
A shorter process available when the value of the estate subject to administration (not counting exempt property such as protected homestead) is $75,000 or less, or when the person has been deceased for more than two years. No personal representative is appointed; the court issues an order distributing assets. It can often be completed in a few months.
Formal administration
The standard process for larger estates. The court appoints a personal representative and issues Letters of Administration giving that person authority to act. Formal administration commonly takes six months to a year or longer.
Typical steps in formal administration
- File the original will with the clerk (required within 10 days of learning of the death)
- Petition for administration; personal representative appointed
- Publish Notice to Creditors; creditors generally have 3 months from first publication to file claims
- Inventory assets and pay valid debts, taxes and expenses
- Sell or distribute property; file final accounting; discharge
Good to know
Florida generally requires a personal representative to be represented by an attorney in formal administration. Most creditor claims are barred two years after death regardless of whether probate was opened. Florida has no state inheritance tax or estate tax.
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