When Someone Dies Guide a practical guide for families

Probate in Florida

Which court, what it costs to file, how long it usually takes, and whether a smaller estate can skip the formal process.

Last updated May 11, 2026. Sources are linked at the bottom of the page.

What probate actually is

Probate is the court process that gives someone legal authority to collect the person's assets, pay their debts, and hand what is left to the heirs. Not everything goes through it: accounts with a named beneficiary, jointly owned property, and assets held in a living trust usually pass outside probate. What is left, property titled only in the deceased person's name with no beneficiary, is what probate deals with.

A will is not required for probate in Florida. If there is no will, the court still appoints someone to settle the estate and state law decides who inherits. See when there is no will in Florida.

The basics in Florida

Court that handles probateFlorida Circuit Court. Probate Division (per county)
Find your courtflcourts.gov/Find-a-Court
Court formsflcourts.gov/Resources-Services/Court-Improvement/Family-Court/Family-Law-Self-Help-Information/Family-Law-Forms
Filing fee rangeapprox $231–$401 depending on type (formal vs. summary)
About the feePer F.S. §28.241.
Typical timelineFormal administration: 6–12 months. Summary administration: 1–3 months.
What the estate's representative is calledPersonal Representative (not 'executor')
Can you do it without a lawyer?Yes for summary administration in some counties; formal administration typically requires counsel for the personal representative.

Small estates: the shortcut

Yes. Florida has a simplified procedure for smaller estates, called Summary Administration. It is faster and cheaper than formal probate, and many families can handle it without a lawyer.

Who qualifiesEstate value (less property exempt from creditors' claims) does not exceed $75,000, OR decedent has been dead more than two years.
StatuteF.S. §735.201

Deadlines to know

Filing the petition to open probateNo strict statutory deadline, but creditors' period and beneficiary interests favor prompt filing
Creditor claims against the estate30 days from served notice OR 3 months from publication of notice to creditors

When to get a lawyer

Plain situations with one heir and modest assets are often manageable alone. Get a probate attorney if there is real estate in more than one state, a business, a dispute among heirs, significant debt, or any question about whether the will is valid. One consultation early is cheaper than fixing a filing later. The state bar's referral service is linked below.

Want this organized for your situation? The free walkthrough asks a few questions about who died, where, and your relationship to them, and builds a checklist for the first days and weeks in Florida.

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Primary sources