Understanding Florida Probate
What is Probate?
Probate is the legal process of transferring ownership of a deceased person's assets to their beneficiaries. In Florida, probate is generally required when someone dies owning assets in their name alone—without a named beneficiary, a joint owner with survivorship rights, or a transfer-on-death designation.
Assets that typically require probate include real estate owned solely by the decedent, bank accounts in the decedent's name alone, vehicles titled in the decedent's name, and personal property.
Summary Administration vs. Formal Administration
Florida offers two types of probate, depending on the value of the estate and how long it's been since the person passed away:
Summary Administration ($2,200-$3,200) is a simplified, faster probate process available when the decedent has been deceased for more than 2 years OR the value of the probate estate (not counting property exempt from creditors, such as protected homestead) is $150,000 or less under the current statute. Summary administration typically takes 6–8 weeks and involves fewer court filings and formalities.
Formal Administration ($4,500-$8,500, plus a court filing fee of about $400 and publication costs) is required when non-exempt assets exceed the summary limit and the death was within the last 2 years. This process includes appointing a personal representative, publishing notice to creditors, paying valid debts, and distributing assets to beneficiaries. Formal administration typically takes 6–8 months minimum.
Common Probate Questions
How long does probate take in Florida?
Summary administration typically takes 6–8 weeks. Formal administration takes 6–8 months minimum due to the mandatory 3-month creditor claim period, though complex estates may take longer.
Do I have to live in Florida to handle a Florida probate?
Not necessarily. Heirs can live anywhere, and an out-of-state personal representative can serve if he or she is a close relative of the decedent (such as a spouse, child, parent, sibling, aunt, uncle, niece, or nephew) or the spouse of one (Section 733.304); a non-relative who lives outside Florida generally cannot serve. Many of my clients are out-of-state heirs or personal representatives. We handle everything remotely by phone, Zoom, and secure document sharing. You typically don't need to travel to Florida unless the court specifically requires your appearance (which is rare).
Can I sell the property before probate is complete?
Not until someone has legal authority to transfer it. In formal administration, that means a personal representative must be appointed; the personal representative can then sell without a court order if the will grants a power of sale, and otherwise the court must authorize or confirm the sale (Section 733.613). In summary administration there is no personal representative; the court's order gives the property to the beneficiaries, who can then sell it. Property that passes outside probate (like an enhanced life estate deed or living trust) needs neither.
What if there are multiple heirs who disagree?
Disagreements among heirs can complicate probate, but most issues can be resolved through clear communication and mediation. As your attorney, I'll explain Florida law, help set realistic expectations, and work to facilitate fair resolutions. In rare cases where disputes can't be resolved, probate litigation may be necessary.
Do all estates require probate?
No. Probate is generally needed for assets that don't pass automatically by beneficiary designation, survivorship, a trust, or a Ladybird deed. That is why many people use these tools specifically to avoid probate.
How much does probate cost in Florida?
My fees range from $2,200-$3,200 for summary administration and $4,500-$8,500 for formal administration, depending on the complexity. In addition to attorney fees, there is a court filing fee (about $400 for formal administration), publication costs for creditor notices (around $150–$200 for formal administration), and any costs for obtaining certified copies of documents. I'll explain all costs upfront so there are no surprises.
What's the difference between testate and intestate?
Testate means the decedent had a valid will. The will directs how assets are distributed and names a personal representative. Intestate means there is no will, so Florida's intestacy laws determine who inherits. Generally, the estate passes to the surviving spouse and children, but it can become complicated with second marriages, stepchildren, or distant relatives.
What assets are included in probate?
Any asset in the decedent's name alone, with no named beneficiary or payable-on-death beneficiary, generally must go through probate. The decedent's share of real property held as tenants in common (co-ownership without survivorship rights) generally goes through probate too. Property a married couple took title to together is usually presumed to be held as tenants by the entirety and passes to the surviving spouse.
Why Choose the Law Office of John R. Nelson for Probate?
- Statewide Florida Representation: I handle probate matters in any Florida county, not just Volusia County.
- Clear Flat Fee Ranges: Transparent costs based on your specific situation—no surprise hourly billing.
- Remote Convenience: Most work handled by phone, Zoom, and secure document upload—ideal for out-of-state families.
- Direct Attorney Service: You work with me personally, not paralegals or assistants.
- Compassionate Guidance: I understand you're grieving. I handle the legal complexities so you can focus on your family.
Trust Administration
If your loved one had a revocable living trust, the assets in the trust generally avoid probate. However, the successor trustee still has important duties, including inventorying trust assets, paying debts, filing tax returns, and distributing assets to beneficiaries. I provide guidance to successor trustees navigating trust administration, helping them understand and carry out their fiduciary duties and distribute trust assets properly.
If you're planning ahead rather than settling an existing estate, our New Smyrna Beach estate planning services can help you put a will in place now and use tools such as a trust, Ladybird deed, or beneficiary designations to keep assets out of probate later.
Ready to Get Started?
If you're facing a Florida probate matter—whether you're local or out of state—I'm here to help. Let's discuss your situation and determine the best path forward.
Schedule Your Probate Consultation