When Probate Is Required in Florida
& How to File for Simple Probate

Section 1

What Is Probate and Why Does Florida Require It?

When a person dies owning assets in their own name — a house titled “John Smith,” a bank account held by “Mary Jones,” personal property with no designated beneficiary — there is a legal problem: the law does not automatically transfer ownership. Title is frozen at the moment of death. Bills keep coming. The mortgage does not pause. Creditors need to be paid. Beneficiaries need to know who gets what.

Probate is the court-supervised process that resolves these questions. A Florida probate court determines whether a will is valid, identifies the deceased’s heirs or beneficiaries, supervises the payment of debts and taxes, and ultimately authorizes the transfer of remaining assets to the rightful recipients. A personal representative (called an executor in other states) is appointed by the court to carry out these functions.

Florida’s probate law is codified primarily in the Florida Probate Code, Chapters 731–735 of the Florida Statutes, and is administered by Florida’s circuit courts, one in each of the state’s 67 counties.

When Is Probate Required in Florida?

Probate is required in Florida whenever a person dies owning assets that are titled solely in their own name with no joint owner, no designated beneficiary, and no trust to receive them at death. Whether or not the person had a will is irrelevant — a will does not avoid probate. A will is simply the document the probate court uses to determine how probate assets should be distributed.

Probate Is Typically Required When Someone Dies Owning:

• !Real property (home, land, rental property) titled solely in the deceased’s name with no joint tenant or Lady Bird deed provision
• !Bank accounts, savings accounts, or CDs held solely in the deceased’s name with no POD (Payable on Death) or TOD (Transfer on Death) designation
• !Investment and brokerage accounts titled solely in the deceased’s name with no beneficiary designation
• !Business interests (sole proprietorships, LLC membership interests, closely held stock) with no succession plan
• !Vehicles titled solely in the deceased’s name (though Florida has a simplified process for motor vehicles)
• !Personal property of significant value — jewelry, artwork, collectibles — with no documented assignment to a trust or beneficiary

Assets That Do NOT Require Probate in Florida

Not every asset a deceased person owns must go through probate. Florida law provides several mechanisms by which assets pass directly to beneficiaries outside of court supervision. Understanding what these are helps families determine whether probate is actually necessary — and helps planners structure estates to minimize or eliminate it entirely.

Assets That Pass Outside Probate Automatically

• ✓Assets held in a revocable living trust — the successor trustee distributes them privately, without court involvement
• ✓Real property held as joint tenants with right of survivorship or as tenants by the entirety (between spouses) — passes automatically to the surviving owner
• ✓Real property transferred via a Florida Lady Bird Deed (Enhanced Life Estate Deed) — passes directly to named beneficiaries at death with no probate required
• ✓Bank accounts with a POD (Payable on Death) designation — the named beneficiary receives the funds by presenting a death certificate to the bank
• ✓Investment accounts with a TOD (Transfer on Death) designation — same process as POD at brokerage firms
• ✓Retirement accounts (IRA, 401k, 403b) with a named beneficiary other than the estate
• ✓Life insurance proceeds paid to a named beneficiary (not to the estate)
• ✓Annuities with named beneficiaries
• ✓Florida homestead property passing to a surviving spouse or descendants may have a simplified transfer process under Florida Statute §732.401

Florida’s Two Types of Probate

Florida law provides two distinct probate processes. Which one applies depends primarily on the value of the probate estate (assets that must pass through court) and the circumstances of the death.

Summary Administration — Florida’s “Simple Probate”

Summary Administration is Florida’s streamlined, simplified probate process. It is available when the total value of the probate estate does not exceed $75,000 (excluding the homestead), or when the decedent has been dead for more than two years (regardless of estate value, because the creditor claims period has expired). No personal representative is appointed. The process is faster, less expensive, and requires less court supervision than full Formal Administration.

Formal Administration — Full Probate

Formal Administration is Florida’s full probate process, required for estates that do not qualify for Summary Administration. A personal representative is appointed by the court, creditors are formally notified, the estate is inventoried and appraised, and the court supervises every step of the process through to a final order of discharge. This process typically takes 12 to 18 months and involves substantially higher attorney fees.

Disposition Without Administration

A third, very limited option — Disposition Without Administration — is available for very small estates where the only assets are exempt property and property used to pay for the final illness and funeral expenses. This is rarely applicable but worth knowing exists.

How to File for Summary Administration (Florida’s Simple Probate)

Summary Administration is handled in the circuit court of the Florida county where the deceased person was domiciled at the time of death. If the deceased was not a Florida resident, Summary Administration is filed in the county where Florida assets are located.

Step-by-Step: Summary Administration Process

1. 1

   Determine eligibility

   Confirm that the total value of the probate estate (assets that must pass through court) does not exceed $75,000, or that the decedent has been deceased for more than two years. The homestead is excluded from this calculation. Retirement accounts, life insurance with named beneficiaries, and assets in trust are not counted.

2. 2

   Gather required documents

   You will need: the original death certificate (Florida Vital Statistics issues certified copies); the original will (if any — it must be filed with the court even in Summary Administration); all asset documentation (bank statements, account titles, deeds, vehicle titles); and a list of all known creditors.

3. 3

   Prepare and file the Petition for Summary Administration

   The petition must identify all interested persons (heirs, beneficiaries, and creditors), describe every probate asset and its value, describe all debts and liabilities, and propose a plan of distribution. If a will exists, the petition requests that it be admitted to probate. The petition must be signed by the petitioner and, if an attorney is required, by the Florida attorney of record.

4. 4

   Pay the filing fee and file with the circuit court

   File the petition with the Clerk of the Circuit Court in the appropriate county. Filing fees vary by county but are typically $200–$400 for Summary Administration. Some courts also require a filing fee for each document submitted. Many Florida courts now accept electronic filing through the Florida Courts e-Filing Portal (myflcourtaccess.com).

5. 5

   Serve all interested parties and creditors

   All interested persons must be served with a copy of the petition and given an opportunity to object. In Summary Administration, notice to creditors is typically handled through publication in a local newspaper for a statutory period and direct notice to known creditors. The publication provides creditors a 30-day window to file claims against the estate.

6. 6

   Court issues the Order of Summary Administration

   If there are no objections and all requirements are met, the judge signs an Order of Summary Administration directing the distribution of assets. This order has the legal effect of authorizing transfer of title. Financial institutions, the county property appraiser, and the Florida DMV will accept a certified copy of this order to transfer assets to the named beneficiaries.

7. 7

   Distribute assets and close the estate

   Using the Order of Summary Administration, collect and distribute all probate assets to the beneficiaries identified in the order. For real property, the order is recorded in the county where the property is located. For bank accounts, present the order and death certificate to each financial institution. Summary Administration does not require a formal closing with the court — the distribution order concludes the process.

The Full Formal Administration Process

When an estate exceeds the $75,000 threshold for Summary Administration and the decedent has not been dead for two years, Formal Administration is required. The process is substantially more involved and typically requires attorney assistance throughout.

Key Steps in Florida Formal Administration

1. 1

   Petition for Administration — appointment of Personal Representative

   A petition is filed requesting the court appoint a personal representative (PR) to administer the estate. The PR must be a Florida resident (unless the PR is a surviving spouse, adult child, parent, or sibling), must be mentally and physically capable, and must not have been convicted of a felony. The court issues Letters of Administration, which give the PR legal authority to act on behalf of the estate.

2. 2

   Notice to Creditors — 90-day claims period

   The PR must publish a Notice to Creditors in a local newspaper for two consecutive weeks and serve direct notice on known creditors. From the date of first publication, creditors have 90 days to file a claim against the estate. Claims filed after the deadline are typically time-barred.

3. 3

   Inventory and appraisal of the estate

   The PR must file a formal inventory of all probate assets with the court within 60 days of appointment. The inventory must list every asset and its fair market value as of the date of death. Real property, business interests, and unique personal property typically require professional appraisals.

4. 4

   Pay debts, expenses, and taxes

   After the creditor claims period closes, the PR pays valid creditor claims, estate administration expenses, attorney fees, and any applicable estate taxes in the statutory order of priority. Federal estate tax returns (Form 706) must be filed if the gross estate exceeds the federal exemption ($13.99 million in 2026).

5. 5

   Distribution to beneficiaries

   After all debts and expenses are paid, the PR distributes the remaining assets to the heirs or beneficiaries named in the will (or to heirs under Florida’s intestacy laws if there is no will). Each beneficiary typically signs a receipt acknowledging what they received.

6. 6

   Final accounting and discharge

   The PR files a final accounting with the court showing all receipts, disbursements, and distributions. The court reviews the accounting and, if approved, issues an Order of Discharge releasing the PR from further liability. The estate is then legally closed. This final stage can take many additional months if the accounting is contested.

The Cost of Probating an Estate in Florida

Florida probate costs are among the highest in the United States. The Florida Probate Code establishes a schedule of “presumptively reasonable” attorney fees based on the gross value of the probate estate — not the net value after debts. This means fees are calculated on the total value of assets before subtracting what is owed on them.

Florida Statutory Attorney Fee Schedule

Other Probate Costs to Expect

• $Court filing fees: $200–$400 for Summary Administration; $300–$500+ for Formal Administration, varying by county
• $Personal representative fee: Florida law allows the PR to receive a fee equal to the attorney fee — effectively doubling the cost if a professional PR is used. Family members often waive this fee.
• $Publication costs: $100–$300 for required newspaper publication of Notice to Creditors
• $Appraisal fees: $500–$2,000+ for real property, business interests, and unique personal property
• $Certified copies of Letters of Administration: $10–$15 each; you will need multiple copies for various institutions
• $Accountant fees: If estate or income tax returns are required, additional accounting fees apply
• $Extraordinary attorney fees: Contested wills, creditor disputes, or litigation add fees beyond the statutory schedule and must be approved by the court

Real Cost Comparison

Summary Administration Costs Are Lower

Because Summary Administration is simpler and faster, attorney fees are lower — though not eliminated. Many Florida probate attorneys charge flat fees for Summary Administration ranging from $1,500 to $4,000 depending on complexity, plus court and publication costs. If the estate qualifies and all interested parties agree, Summary Administration can often be completed in 60 to 120 days rather than the 12 to 18 months typical of Formal Administration.

How to Avoid Probate Entirely in Florida

The most effective response to Florida’s probate costs and delays is advance planning. Most Florida estates can be structured to pass completely outside of probate — with no court involvement, no attorney required for administration, and no delay for beneficiaries. Here are the most effective strategies for Florida residents:

1. Florida Lady Bird Deed (Enhanced Life Estate Deed)

For most Florida homeowners, the single most powerful and cost-effective probate-avoidance tool is the Lady Bird Deed. It transfers your home to named beneficiaries at death without probate, while retaining your full right to sell, mortgage, or change the beneficiary at any time during your lifetime. It also provides Florida’s best protection against Medicaid estate recovery. Cost to prepare: $20–$500. Cost of probating the same home: potentially thousands to tens of thousands of dollars.

2. Revocable Living Trust

A revocable living trust holds all your assets — real estate, financial accounts, personal property — in a legal structure that bypasses probate entirely. You remain in complete control as trustee during your lifetime. When you die, a successor trustee distributes the assets to your beneficiaries privately and quickly, with no court involvement. A living trust also handles incapacity without court guardianship proceedings and can hold complex or out-of-state assets. For most Florida residents with an estate of any size, a living trust is the most complete probate-avoidance solution available.

3. Beneficiary Designations on Financial Accounts

Adding POD (Payable on Death) or TOD (Transfer on Death) designations to your bank and investment accounts costs nothing and passes those assets directly to your named beneficiaries outside probate. Review all your financial accounts to ensure beneficiary designations are current and name real people — not your estate — as the recipient. If an account names your estate as beneficiary, those funds must be probated.

4. Joint Ownership With Right of Survivorship

Property held by two owners as joint tenants with right of survivorship passes automatically to the surviving owner when one dies, without probate. For married couples, Florida recognizes tenancy by the entirety, which accomplishes the same result with the added benefit of creditor protection during the marriage. Note that this strategy requires the surviving owner’s assets to eventually pass through their own estate plan at their death.

5. Retirement Accounts and Life Insurance With Named Beneficiaries

IRAs, 401(k)s, 403(b)s, annuities, and life insurance policies all pass outside probate when they have a named beneficiary who is a living individual. Review and update these designations after every major life event — marriage, divorce, death of a named beneficiary, or birth of a child. An outdated beneficiary designation can send assets to the wrong person or to your estate (which then requires probate).