Florida Probate: What to Expect When a Loved One Passes Away

Published March 2026 | Reviewed March 2026
By John R. Nelson, Esq.

Probate in Florida is the court process used to transfer assets owned in a deceased person's name alone, pay valid debts, and distribute property to heirs or beneficiaries.

When someone you love passes away, the last thing you want to deal with is paperwork and court filings. But if your loved one owned property or accounts in their name alone, Florida law requires a legal process called probate before those assets can be transferred to the rightful heirs. The good news: probate in Florida does not have to be overwhelming. With the right guidance, you can get through it efficiently and without unnecessary expense.

I have guided hundreds of families through Florida probate, and the process is much more straightforward than most people expect. This guide walks you through exactly what happens, what it costs, and how to avoid the most common pitfalls.

What Is Probate in Florida?

Probate is the court-supervised process of settling a deceased person's estate. Under the Florida Probate Code (Chapters 731 through 735 of the Florida Statutes), the probate court oversees identifying the decedent's assets, paying any outstanding debts, and distributing the remaining property to the people who are entitled to it, whether that is through a will or through Florida's intestacy laws.

Think of probate as the legal mechanism that transfers ownership. If your mother's house was titled in her name alone, no one can sell it or transfer it without going through probate. The same applies to bank accounts, vehicles, investment accounts, and other assets held solely in the decedent's name.

Probate also protects creditors by providing a defined window for them to submit claims against the estate. In formal administration, creditors have three months from the date of the published notice to file a claim. After that window closes, most claims are barred.

When Is Probate Required?

Probate is required whenever a deceased person owned assets in their name alone without a designated beneficiary, payable-on-death designation, or transfer-on-death arrangement. The most common assets that trigger probate include:

• Real estate titled solely in the decedent's name (no joint tenancy with rights of survivorship or tenants by the entirety)
• Bank accounts without a payable-on-death beneficiary or joint owner
• Vehicles titled only in the decedent's name
• Investment and brokerage accounts without a transfer-on-death designation
• Personal property of significant value

On the other hand, assets that typically do not require probate include life insurance with a named beneficiary, retirement accounts (IRAs, 401(k)s) with a named beneficiary, jointly owned real estate with rights of survivorship, and assets held in a revocable living trust. For a detailed breakdown, see our guide on what assets avoid probate in Florida.

Summary Administration vs. Formal Administration

Florida provides two probate paths, and the right one for your family depends on the value of the estate and how long ago your loved one passed away.

	Summary Administration	Formal Administration
Eligibility	Estate value $75,000 or less, or decedent passed more than 2 years ago	Estate value exceeds $75,000 and decedent passed within the last 2 years
Personal Representative	Not appointed by the court	Court appoints a personal representative (executor)
Creditor Notice	No formal creditor period required	3-month creditor claim period after published notice
Timeline	Typically 6 to 8 weeks	Typically 6 to 8 months minimum
Attorney Fees	$2,200 - $3,200 (flat fee, including filing fees)	$4,500 - $8,500 (flat fee, depending on complexity)
Court Filings	Fewer filings, simplified process	Multiple filings including inventory, accounting, and final distribution

A common scenario: a parent passes away and leaves a home worth $200,000 and a bank account with $15,000. Because the estate value exceeds $75,000 and the death was recent, formal administration is required. However, if that same parent had passed away more than two years ago and the family is just now addressing the estate, summary administration would be available regardless of the estate value under Florida Statutes Section 735.201.

The Florida Probate Process Step by Step

While every estate is a little different, here is the general sequence of events for a formal administration in Florida:

Step 1: File the Petition

The process begins by filing a Petition for Administration with the circuit court in the county where the decedent lived. If there is a will, the original must be deposited with the court. I prepare and file all of these documents for you.

Step 2: Court Appoints the Personal Representative

The court reviews the petition and, if everything is in order, issues Letters of Administration. This document gives the personal representative (sometimes called the executor) legal authority to act on behalf of the estate, including accessing bank accounts, managing property, and paying debts.

Step 3: Notify Creditors and Beneficiaries

The personal representative must publish a Notice to Creditors in a local newspaper and send direct notice to any known creditors. This starts the three-month clock for creditors to file claims. Beneficiaries named in the will (or heirs under intestacy law) must also be formally notified.

Step 4: Inventory and Protect Estate Assets

The personal representative has a duty to identify, inventory, and protect all estate assets. This includes real property, financial accounts, vehicles, and personal property. An inventory must be filed with the court within 60 days of the personal representative's appointment.

Step 5: Pay Debts and Expenses

Valid creditor claims and estate expenses (including funeral costs, court filing fees, and attorney fees) are paid from estate funds. The personal representative reviews each claim and can object to any that appear invalid.

Step 6: Distribute Assets and Close the Estate

After the creditor period expires and all debts are settled, the personal representative distributes the remaining assets to the beneficiaries according to the will, or according to Florida's intestacy statute (Section 732.101 et seq.) if there is no will. A final accounting is filed with the court, and the estate is formally closed.

For summary administration, the process is simpler. There is no personal representative appointed, no creditor notice period, and no formal accounting. The court enters an order distributing the assets directly to the beneficiaries.

How Much Does Probate Cost in Florida?

Probate costs depend on whether you qualify for Summary Administration or need Formal Administration. At the Law Office of John R. Nelson, P.A., we use flat-fee pricing so you know exactly what to expect:

• Summary Administration: $2,200 to $3,200 (including filing fees)
• Formal Administration: $4,500 to $8,500 (depending on complexity)
• Court filing fees: typically $400 to $500
• Publication costs (formal administration only): approximately $150 to $200

Hourly billing in probate can quickly become expensive, especially when the attorney has no incentive to work efficiently. I provide a specific quote after an initial consultation so there are no surprises. Visit our probate and trust administration page for more details.

How Long Does Florida Probate Take?

Summary Administration typically wraps up in 6 to 8 weeks from the date of filing, assuming there are no complications. The timeline depends largely on how quickly the court processes the petition in your particular county.

Formal Administration takes 6 to 8 months at minimum. The three-month creditor period is a hard floor that cannot be shortened. After that, additional time is needed for distributing assets and filing the final accounting. Complex estates with multiple properties, disputed claims, or family disagreements can take longer.

The single biggest factor that delays probate is waiting to start. I regularly hear from families who waited six months or a year after their loved one passed before reaching out to an attorney. There is no benefit to waiting. The sooner you begin, the sooner assets can be transferred and the estate can be settled.

Can You Avoid Probate in Florida?

Yes, and proper estate planning is the key. If you have not started that process, our estate planning checklist for Florida residents walks through exactly what you need. Several tools can help your family avoid probate entirely:

• Revocable Living Trust: Assets held in a trust pass to the beneficiaries without court involvement. The successor trustee handles the distribution.
• Enhanced Life Estate Deed (Lady Bird Deed): This allows real property to transfer automatically upon death while the owner retains full control during their lifetime. It is one of the most useful and cost-effective tools in Florida.
• Beneficiary Designations: Naming beneficiaries on bank accounts, retirement accounts, and life insurance policies ensures those assets pass outside of probate.
• Joint Ownership with Rights of Survivorship: Property owned jointly with rights of survivorship passes automatically to the surviving owner.
• Payable-on-Death and Transfer-on-Death Designations: These can be added to bank accounts and, in some cases, investment accounts to direct assets to a named person upon death.

If you are thinking about how to structure your own affairs to make things easier for your family, I recommend reading about whether to share your estate plan with your family and then scheduling a consultation to put a plan in place.

Common Mistakes Families Make During Probate

After handling probate matters for years, I see the same mistakes come up again and again. Avoiding these can save your family time, money, and frustration.

1. Waiting Too Long to Start

There is no legal requirement to file probate within a specific time frame, but delay creates problems. Bills go unpaid, property deteriorates, tenants stop paying rent, and family disagreements tend to get worse with time. Start the process as soon as you are able.

2. Moving or Spending Assets Before Probate

Cleaning out a bank account, transferring a vehicle title, or moving into the decedent's home before probate is opened can create serious legal issues. The personal representative has a fiduciary duty to account for every asset, and unauthorized transfers can lead to personal liability.

3. Choosing the Wrong Personal Representative

The personal representative should be someone organized, trustworthy, and willing to follow through on the responsibilities. Choosing someone because they are the oldest child or because you do not want to hurt their feelings often backfires. Florida law also requires that a non-resident personal representative be a spouse, sibling, parent, child, or other close relative of the decedent (Section 733.304).

4. Not Understanding Homestead Protections

Florida has unique homestead laws that affect how a primary residence is treated in probate. The homestead property may be exempt from creditor claims and may pass differently than other assets, especially when there is a surviving spouse. Misunderstanding these rules can lead to costly errors.

5. Hiring an Attorney Who Charges by the Hour

Hourly billing in probate can quickly become expensive, especially when the attorney has no incentive to work efficiently. I offer transparent, flat-fee pricing so you know your total cost upfront. Summary Administration runs $2,200 to $3,200, and Formal Administration runs $4,500 to $8,500, depending on complexity.

Statewide Florida Probate Representation

I represent families in probate matters in every Florida county, not just Volusia County. Whether the property is in Miami-Dade, Hillsborough, Duval, Orange, or any other county, I can handle it. Most of the work is done remotely by phone, Zoom, email, and secure document upload, so you do not need to travel to New Smyrna Beach.

This is especially helpful for out-of-state families dealing with a parent's Florida estate. You can manage the entire process from wherever you are. For more details on our probate and trust administration services, visit the main service page.

Frequently Asked Questions About Florida Probate

Ready to Get Started?

If you are facing a Florida probate matter, whether you are local to New Smyrna Beach or handling a loved one's estate from out of state, I am here to help. The sooner you start, the sooner you can get through the process and move forward.

Schedule Your Probate Consultation