Florida probate rules: How to probate a will in Florida

With its sandy beaches, warm temperatures, and popular amusement parks, Florida is a haven for people of all ages and stages of life. But unlike the laid-back lifestyle many Florida residents enjoy, the process of handling someone’s affairs when they pass away can be more complex.

If you live in the Sunshine State, here’s what you need to know about the Florida probate process — including ways to simplify the process for your loved ones.

What is probate?

Probate is the court-supervised process of distributing your assets according to your last will and testament. The probate process varies from state to state, and some states have longer or more complex probate processes than others. Some states also have different types of probate, depending on the size of your estate — including Florida.

Probating a will in Florida

The Florida probate process is outlined in the state’s Probate Code. In addition to Florida’s state probate laws, some counties have their own set of probate laws. If you’re a Florida resident, it’s important to check your county’s probate requirements.

Types of probate in Florida

Depending on the size of your estate, Florida offers two different types of probate: formal administration and summary administration. There’s also an alternative process for very small estates called “disposition without administration.”

Formal administration in Florida

Formal administration in Florida is the “standard” probate process.

If someone chooses you as their executor (known in Florida as a “personal representative”), you become responsible for managing their estate when they pass away.

Here are the general steps you’ll need to take to complete the Florida probate process:

1. Submit the will. First, you’ll submit the will to the deceased’s local court. In Florida, you have to do this within ten days of the person’s death. The court will then confirm that the will is valid.
2. File for probate. Once the court validates the will, you’ll file a petition (or request) to start the probate process.
3. Receive authorization from the court. If your petition for probate is approved, the county court will grant you permission to administer the estate.
4. Contact beneficiaries. Next, you’ll inform the deceased’s beneficiaries that the probate process has started. Beneficiaries are the people and organizations named in the will to receive estate assets. If the deceased didn’t list any beneficiaries in their will, state law will determine who inherits these assets.  
5. Inventory assets. In Florida, you’ll have 60 days to make a list of all of the deceased’s assets (and their value) and submit this information to the court. You’ll have to determine the value of each asset and also identify any debts, bills, or taxes that need to be paid.
6. Pay debts. You’ll use funds from the estate to pay all debts, bills, and taxes. All of the estate’s debts must be paid before any assets can be paid out to beneficiaries.
7. Request approval to distribute assets. After assets are inventoried and debts are paid, you’ll ask the court for permission to distribute remaining assets to the deceased’s beneficiaries. When approved, you’ll distribute all remaining assets to the deceased’s beneficiaries according to their will.
8. Close the estate. Once these steps are complete, you’ll petition the court to close out the estate. This ends the probate process.

On average, it takes six to nine months to complete formal administration in Florida. For larger or more complex estates, this process can take a year or more.

Simplified probate: Summary administration in Florida

Smaller Florida estates may be eligible for a simplified version of probate called “summary administration.”

In summary administration, your assets transfer directly to your beneficiaries without having to go through the full, court-supervised administration process. Summary administration generally takes one to two months to complete and doesn’t usually require a probate attorney, saving your loved ones time and money.

To qualify for summary administration, your estate needs to meet the following requirements:

• Your estate’s total value must not be more than $75,000
• It can’t be more than two years since your date of death

If your estate qualifies, your executor or one of your beneficiaries can request summary administration. This involves filing a request form that’s signed and verified by your surviving spouse (if you have one) and each of the beneficiaries listed in your will.  

Before submitting their application, the person filing for summary administration also needs to notify all creditors (for example, the bank where you took out a loan). If you had any debt, the person filing for summary administration will make a plan to pay back your creditors with funds from your estate.

If the court approves the application for summary administration, your assets will transfer directly to your named beneficiaries and all debts can be paid.

Probate alternative: Disposition without administration in Florida

Florida also offers a probate alternative called “disposition without administration.” It’s for very small estates that meet the following requirements:

• Your estate only contains assets that are exempt from Florida probate (more on that below)
• Your estate has only enough funds to cover your final medical bills or funeral costs

If your estate funds can’t cover your funeral expenses, whoever pays for your funeral can request reimbursement when filing a petition for disposition without administration.

What happens if you die without a will in Florida?

Dying without a valid will is known as “dying intestate.” An intestate estate still has to go through probate, but the process often takes longer.

If you die intestate, your county court will use a set of arbitrary rules called intestate succession laws to decide what happens to your estate. These laws determine who should receive your property, who will care for your minor children or pets, and how to pay any debts you left behind.

The typical order of succession in Florida is as follows:

• Your spouse (if you’re married)
• Your children (both biological and adopted)
• Your grandchildren
• Your parents
• Your siblings
• Your nieces and nephews
• Your grandparents
• Your extended family (like aunts, uncles, cousins, etc)

Note that your foster children and stepchildren aren’t included in Florida’s order of succession. If you want these individuals to inherit part of your estate, you must have an estate plan that names them as beneficiaries.

Frequently asked questions

How long does probate take in Florida?

How long Florida probate takes depends on which probate process you’re using:

• Formal administration: Formal administration in Florida generally takes six to nine months to complete. This process can last longer if you have a larger or more complicated estate, if your county’s court is facing a large caseload, or if your will is contested (or challenged).
• Summary administration: On average, summary administration takes between 30 and 60 days to complete.
• Disposition without administration: Typically, disposition without administration takes less than 30 days to complete.

Dying without a will (or dying intestate) can also add time to the probate process. The court will need to locate your next of kin and assign an estate administrator to oversee your estate. By having a valid will, you can ensure the probate process runs smoothly for your loved ones.  

What assets are exempt from probate in Florida?

Certain assets are exempt from probate in Florida. According to Florida’s Probate Code, these assets include:

• Household furniture, furnishings, and appliances
• Two motor vehicles
• Funds from qualified tuition programs
• Death benefits

Other assets that can bypass the Florida probate process include:

• Trust assets: Property in a living trust doesn’t have to go through probate. Instead, trust assets transfer directly to your beneficiaries.
• Jointly-owned property: If you own a house or other property with someone else and you’re both listed on the deed, the other person automatically becomes the sole owner when you die.  
• Non-probate assets: Some assets, like life insurance policies and retirement accounts, let you name a beneficiary to receive the asset when you pass away. These assets transfer directly to your beneficiary — no probate necessary.
• Funds in a POD or TOD account: Payable on death (POD) and transfer on death (TOD) accounts are bank or brokerage accounts in which you name someone to receive the contents of the account after your death. They transfer directly to your beneficiaries without going through the probate process.

Can I probate a will without a lawyer in Florida?

For formal administration, Florida law typically requires you to hire a probate attorney.

However, you generally don’t need to hire a probate attorney if the estate is very small or if you plan to file for an alternative version of probate, like summary administration or disposition without administration. This is because these processes don’t require the full administration process.  

Contact your county court to learn more about your options and whether or not the estate you’re managing qualifies for a probate alternative.

What is the cost of probate in Florida?

The cost of probate in Florida can vary, depending on the type of probate process and the size of the estate. In most cases, summary administration costs less than formal administration.

If you hire an attorney, Florida’s Probate Code has a fee schedule that outlines how much you need to pay them. If your attorney has to do additional work on your probate case (for example, if someone contests the will or estate taxes need to be paid), you may be charged additional fees at your attorney’s standard rate.

Other common Florida probate fees include:

• Court costs (like filing fees or notification fees)
• Financial services (like hiring an accountant or appraiser)
• Executor fees (which are required by the Florida Probate Code, and can be up to 5% of the estate’s total value)
• Estate taxes (only for estates valued over the federal estate tax exemption of $12.92 million)
• Miscellaneous expenses (like notary fees or postage costs)

How long do I have to probate a will in Florida?

You must submit the deceased’s will and file for probate within 10 days of your loved one’s date of death.

How long do I have to contest a will in Florida?

If you want to contest a will in Florida, you generally have three months from the date of the probate court notice.

Simplify Florida probate by having a will

Probating a will in Florida takes time and effort, but it’s a necessary part of settling a loved one’s estate and honoring their final wishes. And going through the probate process is much faster and simpler than administering an estate without a will.

You can help make the probate process run smoothly for your loved ones by having a Florida last will and testament.

Your will gives your loved ones a roadmap outlining how you want your estate distributed, and gives you peace of mind that your affairs will be handled according to your wishes. And, as a Florida resident, your will may help your estate bypass formal administration and take a simplified route, saving your loved ones time, money, and hassle.

With FreeWill’s free will-making tool, creating your will is simpler than ever. Simply fill out the guided questionnaire and you can have a ready-to-print Florida will in as little as 20 minutes — completely free.