What Do I Need to Know for the Florida Probate Process?
Florida probate is the court-supervised process of distributing a deceased person’s assets, and it directly affects how real estate is transferred. Key concerns include timelines (typically 6–12 months), costs, disclosure rules, and how to plan your estate to avoid unnecessary complications.
Dealing with a loved one’s estate—or navigating a real estate transaction in Florida—can feel overwhelming, especially when you’re unsure of the legal requirements involved. Florida has its own set of probate rules and real estate regulations that can differ significantly from other states, and getting them wrong can be costly.
This guide is designed to answer the most common questions people have about Florida probate and real estate law. Whether you’re an executor managing an estate, a buyer or seller navigating a property transaction, or a homeowner planning ahead, you’ll find clear, practical answers here. And if your situation requires professional guidance, Friedman Law, P.A. in Lake Mary, Florida serves clients throughout the Lake Mary and Orlando area with experienced legal support.
Probate is the legal process through which a deceased person’s estate is administered, debts are settled, and assets are distributed to heirs or beneficiaries. In Florida, probate is supervised by the circuit court in the county where the deceased person lived, or in some cases, where the deceased person owned property..
Florida recognizes two main types of probate:
- Formal administration: Used for estates valued at more than $150,000, or when the deceased has been dead for less than two years. This is the full probate process.
- Summary administration: A simplified process available for smaller estates (under $150,000) or when the person has been deceased for more than two years.
When Is Probate Required in Florida?
Probate is required when a person dies owning assets solely in their name that don’t have a designated beneficiary. Assets like life insurance policies, retirement accounts with named beneficiaries, and jointly owned property with rights of survivorship typically pass outside of probate.
Real estate is one of the most common assets that triggers probate. If a home is titled solely in the deceased’s name, it generally must go through probate before ownership can be transferred.
Frequently Asked Questions About Florida Probate
How long does probate take in Florida?
Florida probate typically takes between 6 and 12 months for formal administration. More complex estates—those involving disputes, creditor claims, or tax issues—can take significantly longer. Summary administration can be completed in a matter of weeks.
What are the main costs associated with Florida probate?
Probate costs in Florida include court filing fees, attorney fees, personal representative fees, and appraiser or accountant fees if needed. Florida Statute §733.6171 sets guidelines for reasonable attorney fees, which are often calculated as a percentage of the estate’s value. For a $400,000 estate, statutory attorney fees can start at around $10,000.
Can probate be avoided or simplified in Florida?
Yes. Common strategies to avoid or simplify probate include:
- Establishing a revocable living trust
- Holding property as joint tenants with right of survivorship
- Using enhanced life estate deeds (Lady Bird deeds)
- Designating beneficiaries on financial accounts (payable-on-death or transfer-on-death designations)
Proper estate planning is the most effective way to minimize probate exposure.
What is the role of the executor (personal representative) in Florida?
Florida uses the term “personal representative” rather than executor. This person is responsible for filing the will with the court, notifying creditors, inventorying assets, paying valid debts and taxes, and distributing the remaining assets to beneficiaries. Florida law requires the personal representative to be represented by a licensed Florida attorney during formal administration.
How are debts and taxes handled under Florida probate?
Creditors have a limited window to file claims against an estate—generally 90 days from the date of the first publication of the notice to creditors, or 30 days from when they were directly notified, whichever comes first. The personal representative reviews and pays valid claims before assets are distributed. Florida does not have a state estate tax, but federal estate tax may apply to larger estates.