Understanding the Probate Process in Florida

When a loved one passes away, one of the first legal questions families face is: what happens to their assets? In most cases, the answer involves probate—the court-supervised process of settling a deceased person’s estate. If you’re dealing with a death in the family or simply planning ahead, understanding the probate process in Florida is essential.

At The Montilla Law Firm, P.A. in Orlando, we guide families through every stage of probate, from filing the initial petition to distributing assets to beneficiaries. This guide breaks down what probate is, how it works in Florida, how long it typically takes, and what you can do to make the process smoother.

What Is Probate?

Probate is the legal process through which a deceased person’s estate is administered. A Florida court oversees the process to ensure that:

• The decedent’s valid will (if one exists) is authenticated
• A personal representative (executor) is appointed to manage the estate
• Debts, taxes, and creditors are properly paid
• Remaining assets are distributed to the rightful beneficiaries or heirs

Florida probate is governed by the Florida Probate Code (Chapters 731–735 of the Florida Statutes) and the Florida Probate Rules. Whether someone died with a will (testate) or without one (intestate), probate may still be required to transfer legal title of their assets.

Types of Probate in Florida

Not all estates go through the same probate process. Florida law provides several options depending on the size and complexity of the estate:

1. Formal Administration

This is the standard probate process in Florida and is required when the estate’s value exceeds $75,000 (excluding exempt property) or when the decedent passed away less than two years ago. Formal administration involves appointing a personal representative, notifying creditors, inventorying assets, paying debts, and distributing the remaining estate. An attorney is required by law to represent the personal representative in formal administration.

2. Summary Administration

Summary administration is a simplified, faster process available when the total estate value is $75,000 or less (not counting exempt homestead property), or when the decedent has been dead for more than two years. There is no personal representative appointed—instead, the court issues an order distributing the assets directly. This process is quicker but still requires filing a petition and providing required documentation.

3. Disposition Without Administration

In very small estates where assets consist only of exempt property (like personal belongings) or amounts that don’t exceed funeral expenses, the court can authorize release of those assets without a full probate proceeding.

How Long Does Probate Take in Florida?

One of the most common questions we hear is, “How long will this take?” The honest answer: it depends. Here’s a general timeline:

• Summary Administration: Typically 1–3 months, assuming there are no disputes or complications.
• Formal Administration: Usually 6–12 months for straightforward estates. Complex estates—those involving business interests, contested wills, tax issues, or difficult-to-locate beneficiaries—can take 12–24 months or longer.

Several factors affect the timeline of the probate process in Florida:

• Creditor claim period: Florida law requires a mandatory 3-month creditor notice period (90 days from the first publication of the Notice to Creditors). The estate generally cannot be closed until this period expires.
• Will contests or disputes: If a beneficiary or heir challenges the will’s validity, probate can be significantly delayed.
• Tax filings: Estates that owe federal estate taxes or have complex income tax situations will need additional time.
• Asset complexity: Real estate in multiple states, business interests, or hard-to-value assets can slow down the process.
• Court scheduling: Each Florida county’s probate court has its own caseload and scheduling, which can affect timing.

What Does Probate Cost in Florida?

Probate costs in Florida typically include:

• Court filing fees: Usually $400–$500 depending on the county
• Attorney’s fees: Florida Statute §733.6171 provides a fee schedule based on the estate’s value, though fees can also be negotiated on a flat-fee or hourly basis
• Personal representative compensation: The personal representative is entitled to a reasonable fee, often calculated similarly to attorney’s fees
• Publication costs: The Notice to Creditors must be published in a local newspaper, which typically costs $100–$200
• Miscellaneous costs: Certified copies, title searches, appraisals, and accounting fees

For a moderately sized estate, total probate costs can range from a few thousand dollars to tens of thousands, depending on complexity. This is one reason many people choose to plan ahead with tools like powers of attorney and living trusts to minimize what goes through probate.

What Assets Go Through Probate?

Not everything a person owns goes through probate. Only probate assets—those titled solely in the decedent’s name without a designated beneficiary—must go through the process. Common probate assets include:

• Bank accounts held in the decedent’s name alone
• Real estate titled solely in the decedent’s name
• Personal property (vehicles, jewelry, furniture)
• Investment accounts without a transfer-on-death (TOD) designation

Non-probate assets pass outside of probate and include:

• Life insurance proceeds with a named beneficiary
• Retirement accounts (401(k), IRA) with beneficiary designations
• Jointly held property with right of survivorship
• Assets held in a revocable living trust
• Payable-on-death (POD) or transfer-on-death (TOD) accounts

Can You Avoid Probate in Florida?

Yes—and many Floridians choose to structure their estate plans specifically to avoid probate. Common strategies include:

• Revocable Living Trust: Assets transferred into a trust during your lifetime pass to beneficiaries without probate.
• Beneficiary Designations: Keeping beneficiary designations current on retirement accounts, life insurance, and TOD accounts.
• Joint Ownership: Holding property as joint tenants with right of survivorship or as tenants by the entirety (for married couples).
• Lady Bird Deed: A special type of enhanced life estate deed unique to Florida that allows you to transfer real estate upon death while retaining full control during your lifetime.

Proper estate and business planning can save your family significant time, money, and stress. The best time to plan is before it’s needed.

Frequently Asked Questions About Florida Probate

Do all estates in Florida have to go through probate?

No. If all assets are non-probate assets (held in trust, jointly owned, or with beneficiary designations), probate may not be necessary. However, if the decedent owned any assets solely in their name, some form of probate is typically required to transfer legal title.

Can I handle probate without an attorney in Florida?

For formal administration, Florida law requires the personal representative to be represented by a Florida-licensed attorney—even if the personal representative is the sole beneficiary. Summary administration petitions technically can be filed without an attorney, but legal guidance is strongly recommended to avoid costly mistakes.

What happens if someone dies without a will in Florida?

When someone dies without a will (intestate), Florida’s intestacy laws determine who inherits. Generally, the surviving spouse and children are first in line. The probate process is still required, but the court follows the statutory distribution scheme rather than the decedent’s wishes. Learn more in our guide on what happens if you die without a will in Florida.

Contact The Montilla Law Firm for Probate Help in Orlando

Whether you’re currently navigating the probate process or want to create an estate plan that minimizes probate for your loved ones, The Montilla Law Firm, P.A. is here to help. Our Orlando office serves clients throughout Central Florida with experienced, compassionate legal guidance.

Call us today at (407) 308-2386 to schedule a consultation and take the first step toward protecting your family’s future.