Florida Probate: Process, Costs and Summary Administration

After a death in Florida, the first question is which property needs probate. The answer depends on ownership and beneficiary arrangements, not simply whether the person left a will. Start by listing assets and locating the estate documents before choosing a court procedure.

What to gather first

• The original will, any trust and amendments, and death certificates.
• Recorded deeds, account statements, and beneficiary-designation records.
• A list of debts, funeral expenses, and ongoing property costs.
• Names and contact information for the surviving spouse, descendants, and named beneficiaries.

Keep estate money and your own expenses clearly documented. Being named in a will does not replace the court appointment needed to act as a personal representative in formal administration. The Florida Bar probate overview explains the role and the kinds of assets that may require administration; its summary-administration dollar figure should be checked against the newer statute below.

Work out what actually needs administration

Start with the ownership and beneficiary records for each asset. An individually owned account without an effective beneficiary arrangement is different from an account payable to a surviving named beneficiary. Property held in a trust raises questions for the trustee. Joint property requires reading the actual title, rather than assuming all joint ownership includes survivorship rights.

Use three working categories: confirmed probate property, confirmed property using another transfer route, and unresolved property. Put the Florida home in the unresolved category until its title and homestead issues are checked. Record the supporting document beside each conclusion. This is an organizing method, not a substitute for the legal classification.

For example, a recent estate might include an $85,000 individual bank account, a $20,000 account with a surviving payable-on-death beneficiary, and a home potentially qualifying as protected homestead. Adding all three values together would not necessarily produce the amount used for summary administration. Conversely, a $220,000 nonexempt individual investment account would exceed the current value-based limit on its own. The separate more-than-two-years route and other statutory requirements still need review.

Deposit the will and identify the county

Florida Statutes §732.901 generally requires the custodian to deposit the will with the appropriate clerk within 10 days after receiving information that the person has died. Depositing it does not itself appoint a representative or transfer assets. Under §733.101, venue ordinarily follows the Florida county where the decedent was domiciled; different rules apply to nonresidents. Use the actual domicile and property facts, rather than automatically filing where an adult child lives.

Summary administration: the current $150,000 threshold

Florida Statutes §735.201 now provides a value-based route when the estate subject to administration in Florida, after excluding property exempt from creditors’ claims, does not exceed $150,000. It also provides a separate route when the person has been dead for more than two years. In a testate estate, the will must not direct administration under Chapter 733.

The increase from $75,000 appears in section 7 of Chapter 2026-57, Laws of Florida; the act took effect July 1, 2026. For a death or proceeding predating that change, ask a Florida probate attorney which requirements apply rather than assuming the new amount settles eligibility.

Summary administration is still a court procedure, with a petition and distribution order. It does not mean every small account can be claimed using a generic “small estate affidavit.” Creditors and the identity of the people entitled to receive property still matter.

What the summary petition still needs to resolve

A shorter procedure does not remove the need to identify entitled beneficiaries and creditors. §735.206 requires a diligent search for known or reasonably ascertainable creditors, service on those creditors, and provision for payment to the extent assets are available. The court’s order specifies the distribution, and it can authorize recipients to collect assigned property. Recipients can also face liability for certain claims under the statute.

Before selecting this route, ask the bank or title professional what certified court documents they will need. Also identify any task requiring ongoing management, litigation, or a sale. Summary administration does not appoint a personal representative in the same manner as formal administration, so the easiest-looking petition may not supply the authority needed for every situation.

Disposition without administration is narrower

§735.301 covers certain estates consisting of exempt personal property and nonexempt personal property no greater than the qualifying funeral expenses and reasonable, necessary medical and hospital expenses from the final 60 days of illness. It is not a general shortcut for every estate under $150,000, and it is not a way to convey real estate. Bring receipts and asset records when checking the county clerk’s instructions.

When formal administration may be needed

Formal administration provides for appointment of a personal representative to manage the estate. A case that does not meet the simplified-procedure requirements may need this route. Property disputes, unknown debts, and the need to manage or sell assets can also affect the advice you receive about the appropriate proceeding.

Florida has additional narrow procedures for qualifying personal property. Read the applicable rules in Chapter 735 and ask the county clerk about its filing instructions. A low estate value alone does not establish eligibility for every shortcut.

The main stages of formal administration

1. Petition and appointment. Establish the will, if any, the interested people, the proposed representative, and the basis for the proceeding. After appointment, Letters of Administration document the representative’s authority.
2. Collect information and safeguard estate assets. Confirm balances and ownership, obtain necessary valuations, and keep estate transactions separate from personal finances. Record income and expenses with their supporting documents.
3. Provide required notices and address claims. Publication and individual creditor notices have different effects. Keep copies and dates, and distinguish a filed claim from a bill someone informally sends to the family.
4. Handle taxes, property decisions, and distributions. Work through obligations and any required approvals before paying inheritances. A representative may need to deal with a sale, insurance, or a business while administration continues.
5. Complete the accounting and closing process. Reconcile the records and complete the required final documents, distributions, and discharge process. Retain the supporting records rather than treating an empty bank account as proof the case has closed.

The Florida Bar probate guide explains the participants and administration. For representation, Probate Rule 5.030 generally requires a personal representative to have an attorney unless the representative remains the sole interested person; a Florida attorney serving as representative may represent themselves. Being the only child does not by itself establish the exception, because other interested people may exist.

How long does the creditor stage take?

Under §733.702, the ordinary claim deadline is generally the later of three months after first publication of notice to creditors or 30 days after service on a creditor entitled to individual service. Exceptions apply. The three-month period is not a complete probate timeline, and sending one letter does not start the same clock for every creditor.

Build a calendar showing appointment, publication, individual service dates, outstanding tax work, property decisions, and closing tasks. When asking for a progress update, request the next dependency: a missing statement, expiration of a deadline, a court ruling, or completion of a sale. This makes the remaining work clearer than a promise that every Florida estate takes a fixed number of months.

Treat the home as a separate question

Protected homestead has special inheritance and creditor rules. The will’s wording may not decide who receives it when a spouse or minor child survives. Florida Statutes §732.4015 restricts devises of homestead, and Florida Statutes §732.401 addresses descent when it is not validly devised.

Do not simply add the home to every probate cost or eligibility calculation. Have its title and homestead status checked. Our Florida Lady Bird deed and homestead guide explains the planning issues and where to start if the owner has already died.

What does Florida probate cost?

Ask for a written explanation of attorney compensation, personal-representative compensation, court expenses, and any services billed separately. Attorney compensation is addressed in Florida Statutes §733.6171; representative compensation is addressed in Florida Statutes §733.617. They are separate provisions, and a single percentage of all family assets is not a reliable quote.

For a useful estimate, bring the asset list and ask which property belongs in the calculation, whether fees are negotiable, what ordinary services include, and what happens if the home must be sold or a dispute arises.

A fee example you can use to compare quotes

For ordinary attorney services in formal administration, §733.6171 provides a presumed-reasonable schedule, including $3,000 for the applicable value above $70,000 through $100,000 and 3% on the next $900,000. On an assumed $500,000 compensable value, that produces $15,000. On $1 million, it produces $30,000. The value used must be established under the statute; do not automatically use the family’s total net worth or include protected homestead.

The statute expressly explains that the schedule is not a mandatory fee and that compensation can be negotiated. Personal-representative compensation is separate; its schedule and higher tiers are not identical to the attorney schedule. Ask whether the representative will take a fee, which expenses are additional, and how extraordinary services will be billed. A summary-administration quote should identify its own scope rather than simply importing the formal-administration example.

Choose help for the job in front of you

If you are settling a parent’s estate, purchasing a new will or trust for yourself does not supply authority over the parent’s accounts. First resolve the probate or nonprobate transfer process. If you are planning for your own family, use the experience to check your beneficiary records, home title, and incapacity documents. A will can express inheritance wishes, but whether an asset avoids probate depends on the arrangement that actually governs that asset.

Your next action

Use the Florida court clerk directory to locate the relevant county, or the Florida Bar referral service to find legal help. Ask specifically about probate or estate administration. If you are planning ahead instead, our Florida living trust cost guide covers that different task.

By Randy Smith, founder of Family Estate Guide. Sources checked September 14, 2026. This guide provides educational information, not legal advice; it has not been reviewed by an attorney. Editorial standards.