Probate in Florida: Summary Administration, Costs & Timeline

Florida probate has several quirks not found in most other states: a residency requirement for personal representatives, a two-year backdoor into summary administration for late filers, statutory attorney fees on a sliding scale, and strong homestead protections that can override a will. Understanding these Florida-specific rules is essential for anyone administering a Florida estate.

How Florida Formal Administration Works: Step by Step

Florida formal administration is filed in the Circuit Court of the county where the deceased was domiciled. The Florida Probate Code (F.S. Chapters 731–735) governs the process. Most counties have a dedicated Probate Division within the Circuit Court; others route probate matters through the general circuit docket.

1. 1
   File petition for administration (Days 1–21)The named personal representative — who must be a Florida resident or a spouse, child, parent, grandparent, or sibling of the deceased — files a Petition for Administration with the Circuit Court. The petition requests that the will be admitted to probate and Letters of Administration be issued. An emergency petition to secure estate assets may also be needed if real property or valuables are at risk.
2. 2
   Notice of Administration (Week 1–3)The personal representative must serve a Notice of Administration on all interested persons — beneficiaries, heirs, and potential creditors — within 30 days of appointment. The Notice triggers a 90-day period during which beneficiaries and heirs can object to the will, the venue, or the validity of proceedings. Once 90 days pass without objection, those challenges are generally barred.
3. 3
   Publish Notice to Creditors (Week 1–4)The personal representative publishes a Notice to Creditors in a local newspaper once a week for two consecutive weeks. Known or reasonably ascertainable creditors must also receive direct written notice. The 3-month creditor period runs from the date of first publication, or 30 days from the date of direct notice — whichever is later. Florida's 3-month period is one of the shortest in the country.
4. 4
   File inventory (Within 60 days of appointment)The personal representative files a verified Inventory listing all probate assets at their fair market value on the date of death. The Inventory is served on all interested persons but filed with the court only if any person requests it. Florida uses an appraisal process for certain assets — a general appraiser is appointed if needed.
5. 5
   Pay debts and file tax returns (Months 3–9)After the creditor period closes, the personal representative pays valid debts in the priority order set by Florida law. The decedent's final federal income tax return is filed (Florida has no state income tax). If the estate earned income during administration, a fiduciary income tax return is filed. No Florida estate tax return is needed.
6. 6
   Final accounting and distribution (Months 6–12)The personal representative files a Petition for Discharge and Final Accounting, or obtains signed waivers from all interested persons. After court approval (or acceptance of waivers), the personal representative distributes assets to beneficiaries, collects signed receipts, and files a Receipt and Distribution. The court enters an Order of Discharge, formally closing the estate.

Summary Administration: Florida's Probate Shortcut

Florida summary administration (F.S. Chapter 735) is available in two situations:

• Estate value under $75,000: When the total probate estate (after exempt property) is $75,000 or less. No personal representative is appointed. The court issues a Summary Administration Order that directly transfers property to the beneficiaries. The beneficiaries are responsible for paying valid debts from what they receive.
• Two-year rule: When the deceased has been dead for more than two years, summary administration is available regardless of estate size. This is particularly useful for families who delayed handling an estate — it bypasses the creditor period entirely because all creditor claims are already time-barred by two years of death.

Summary administration typically closes in 1 to 3 months. The petitioners file a Petition for Summary Administration, the court reviews it and, if satisfied, enters an Order of Summary Administration directing each institution to transfer the assets directly to the named beneficiaries. No ongoing court supervision is required.

Personal Representative and Attorney Fees in Florida

Florida sets statutory compensation for both the personal representative and the estate attorney under F.S. §733.617. Both follow the same scale — and both are paid from estate assets. Unlike California, the fees are based on the net estate value (not gross), but they are still set by statute and not individually negotiated in most cases.

Both the personal representative and the attorney independently receive the fee on this scale. On a $750,000 estate, that is $22,500 to each — $45,000 total in statutory fees. The personal representative can petition for additional "extraordinary services" compensation (selling real property, resolving disputes, managing a business) at the court's discretion. Attorney fees for extraordinary services are also separately authorized.

Who Can Serve as Personal Representative

Florida's residency requirement is one of the more unusual in the country (F.S. §733.304). To serve as personal representative, a person must either:

• Be a Florida resident (domiciled in Florida at the time of the decedent's death), OR
• Be a spouse, child, parent, grandparent, or sibling of the deceased, regardless of state of residence.

A non-family member who lives outside Florida — a trusted friend, a business partner, a professional advisor — cannot serve as personal representative even if explicitly named in the will. When a named executor does not qualify, the court appoints a qualified family member or a Florida-licensed corporate fiduciary (bank or trust company) instead.

If a named non-qualifying executor is in the will, the estate attorney will need to advise the family on substitution. This situation is common in estates where the deceased moved to Florida later in life after having executed a will in another state naming friends or advisors as executor.

Florida Homestead Rules in Probate

Florida's homestead protection (Article X, Section 4 of the Florida Constitution and F.S. §732.401) is one of the strongest in the country and has two distinct effects on probate:

1. Creditor protection. The primary residence is exempt from the claims of general creditors — even in probate. A Florida homestead with a $2 million value cannot be sold by the estate to pay credit card debts or medical bills. Mortgages, property taxes, and homeowners' association assessments are not affected (they are liens on the property, not general creditor claims).

2. Devise restriction. Florida homestead cannot be left by will to anyone other than the surviving spouse (if married) or to anyone other than the minor children (if there are minor children), when either class survives the decedent. A will that attempts to leave the homestead to an adult child while the surviving spouse is alive, or to a sibling while minor children are alive, is void as to the homestead — the constitutional protection overrides the will. The surviving spouse in this situation receives a life estate in the homestead; the remainder passes to the children.

This rule catches many families off guard. A parent who writes a will leaving everything equally to adult children may inadvertently leave the surviving spouse with only a life estate in the home — not fee simple ownership. Florida estate attorneys routinely review homestead issues when drafting wills and estate plans.

What Happens Without a Will in Florida

Florida's intestate succession is governed by F.S. §732.101 et seq. The distribution between a surviving spouse and children depends on whether all children are also the surviving spouse's children.

• Surviving spouse only (no descendants): All to the surviving spouse.
• Surviving spouse + all descendants are also spouse's descendants: All to the surviving spouse.
• Surviving spouse + some descendants not of the surviving spouse: 1/2 to the surviving spouse; 1/2 to all descendants equally (including stepchildren of the surviving spouse).
• No surviving spouse: All to descendants. If no descendants, to parents. If no parents, to siblings and their descendants.

Florida does not recognize common-law marriage established in Florida. Same-sex marriages lawfully performed in Florida or in another state are fully recognized for inheritance purposes.

How to Avoid Probate in Florida

• Revocable living trust. The most comprehensive solution — assets in the trust at death pass to beneficiaries through the successor trustee without Circuit Court involvement. Particularly valuable for Florida real estate and for residents who own property in multiple states (avoiding ancillary probate in other states).
• Enhanced life estate deed (Lady Bird deed). Florida recognizes the enhanced life estate deed — the grantor retains the right to sell, mortgage, or otherwise deal with the property during their lifetime, with the remainder passing to named beneficiaries at death without probate. No beneficiary consent is required for lifetime transactions. This is discussed further in the Florida full estate guide.
• Joint tenancy with right of survivorship. Deed must expressly state survivorship rights. Florida also recognizes tenancy by the entirety for married couples, which provides both survivorship rights and protection from individual creditors.
• Beneficiary designations on financial accounts. Designated beneficiaries on retirement accounts, life insurance, and POD/TOD accounts pass directly to beneficiaries without probate. Florida also allows designating beneficiaries on motor vehicle titles.
• Two-year rule. Not a planning tool but a backstop — if 2 years have passed since death, summary administration is available regardless of estate size, and all creditor claims are barred.

Will Requirements in Florida

A valid Florida will must be in writing, signed at the end by the testator, and signed by two witnesses in the testator's presence and in each other's presence (F.S. §732.502). The testator must be at least 18 years old (or married or an emancipated minor). No notarization is required for the will itself, but a self-proving affidavit — signed by the testator and witnesses before a notary — eliminates the need for witnesses to testify at probate.

Florida does not recognize holographic wills. An entirely handwritten, unwitnessed will is not valid in Florida. A Florida resident who creates a handwritten will without two witnesses dies without a valid will, regardless of how clearly the handwritten document expresses their wishes.

A will executed in another state is generally valid in Florida if it complied with that state's requirements or with Florida law at the time of execution (F.S. §732.502(2)).