How Does Probate Work in Florida? A Simple Guide for Floridians

Probate is the court-supervised process used when someone passes away with or without a will. Its purpose is to validate the will (if there is one), identify assets, pay creditors and debts from the estate’s value, and then distribute the remaining assets accordingly (using the will’s instructions if there is one, or using the court’s judgement). 

If a loved one has passed away and you are unsure of how to go through probate, whether you’re an executor or beneficiary, or unsure what your roles are within it, this guide is for you. 

Does Every Estate Go Through Probate in Florida?

Not always. Some assets pass directly to a person without going through probate at all. For example, if a bank account has a named beneficiary, that money goes straight to that person. The same applies to life insurance policies, retirement accounts like a 401(k) or IRA, irrevocable or revocable trusts, and property that is jointly owned with right of survivorship.

Assets that were owned solely by the person who passed away—and that don’t have a named beneficiary—will typically need to go through probate. This commonly includes real estate, bank accounts without a beneficiary, personal property like vehicles or jewelry, and investments held in the deceased person’s name alone.

The Two Main Types of Probate in Florida

Florida offers two main types of probate, and which one applies depends largely on the size of the estate.

1. Formal Administration

This is the standard, full probate process. It is required when the estate’s value exceeds $75,000 or when the person passed away less than two years ago. Formal administration involves filing paperwork with the probate court, notifying creditors, and going through a more governed legal process. It typically takes anywhere from six months to over a year to complete.

2. Summary Administration

This is a simplified, faster version of probate available when the total value of the estate is $75,000 or less, or when the person passed away more than two years ago. Summary administration has fewer steps and generally costs less. If you qualify, it can be a much less stressful path through the process.

Who Are the Key People in Probate?

The Decedent This is simply the person who has passed away.

The Personal Representative (also called an Executor) This is the person responsible for managing the probate process. If there was a will, it likely names a personal representative. If not, the court will appoint one, usually a close family member. The personal representative’s job is to gather the assets, pay debts, and distribute what remains. It’s an important role, and working with a lawyer is definitely helpful in this scenario.

Beneficiaries and Heirs Beneficiaries are the people named in the will to receive assets. Heirs are those who would inherit under Florida law if there is no will; typically, a spouse, children, or other close relatives. As a beneficiary or heir, your role is mostly to wait for the process to complete, though you do have legal rights to be kept informed and to receive what you’re owed.

A Step-by-Step Look at the Probate Process

1. The will (if there is one) is filed with the probate court in the county where the deceased person lived.
2. The court officially appoints a personal representative and issues “Letters of Administration”—a document that gives the personal representative legal authority to act on behalf of the estate.
3. The personal representative notifies creditors, who then have a specific window of time (typically three months) to make claims against the estate.
4. All assets are identified, gathered, and valued.
5. Valid debts, taxes, and costs are paid from the estate.
6. The remaining assets are distributed to beneficiaries or heirs.
7. The estate is officially closed with the court.

Here’s the expanded section:

Do You Need a Lawyer for Florida Probate?

Florida law actually requires that a personal representative be represented by a licensed Florida attorney during formal administration, with one exception: if the personal representative is also the sole beneficiary of the estate, they may represent themselves. Outside of that specific situation, attempting to handle formal probate without an attorney is not allowed.

Even in cases that qualify for summary administration, where the rules are more relaxed, having an attorney is still strongly advisable. Probate involves a specific set of legal documents, court deadlines, and filing requirements that are easy to get wrong if you’re unfamiliar with the process. A missed deadline for notifying creditors, an improperly filed petition, or a procedural error can delay the entire process (sometimes by months) and may even expose the personal representative to personal liability.

What Does a Probate Attorney Actually Do?

They guide you through the entire process from start to finish. This typically includes helping you file the initial petition with the court, preparing and submitting the required legal documents, notifying creditors and handling any claims made against the estate, communicating with the court on your behalf, and ultimately helping distribute assets to beneficiaries correctly and legally. 

How Much Does a Probate Attorney Cost in Florida?

This is one of the first questions most people ask, and it’s a fair one. Florida actually has a statute, Section 733.6171, that sets out what is considered “reasonable” compensation for probate attorneys. Fees are typically calculated as a percentage of the estate’s value. As a general guideline, the rate is around 3% on the first $1 million of the estate’s value, with the percentage decreasing on larger estates. Additional fees may apply for “extraordinary services,” such as handling litigation, selling real estate, or dealing with complex tax matters.

It’s worth noting that these attorney fees are paid out of the estate itself, not out of your own pocket. So while the cost is real, it comes from the assets being administered rather than being an out-of-pocket expense for the personal representative or beneficiaries.

What Happens If There Is No Will?

When someone dies without a will, it’s called dying “intestate.” In this case, Florida’s intestate succession laws determine who inherits the assets. Generally speaking, a surviving spouse has the first claim, followed by children, then other relatives. The probate process still applies; it’s just that instead of following the deceased person’s wishes, the court follows the state’s rules. This is one of the many reasons estate planning attorneys often encourage people to have a will in place, no matter their age or wealth.

We hope this article was of use to you. If you have further questions or would like to consult a probate attorney, feel free to contact us!