Settling an Estate in Florida
Reviewed by DocDraft Legal Team · Florida · Last updated August 27, 2026
Florida routes decedents' estates to the Circuit Court, probate division, in the county where the person was domiciled at death. Two Florida features shape almost every estate here. The first is homestead: the Florida Constitution protects a decedent's homestead from most creditors and restricts who it can be left to when there is a surviving spouse or minor child, so the family home is frequently outside the reachable estate altogether. The second is procedural and catches people off guard: under the Florida Probate Rules a personal representative in a formal administration generally must be represented by an attorney unless they are the sole interested person. Florida offers summary administration for estates of $75,000 or less, and for anyone who died more than two years ago regardless of size, which is an unusually useful escape hatch for long delayed estates.
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Is probate always required in Florida?
No. Jointly held property with survivorship, payable on death and transfer on death accounts, life insurance and retirement plans with a living beneficiary, and trust assets pass outside probate. Protected homestead usually passes outside the reachable estate as well. Very small estates can use disposition without administration under Florida Statutes 735.301.
Which court handles probate in Florida?
The Circuit Court, probate division, in the county where the decedent was domiciled at death. Florida does not have a separately named probate court; probate is a division of the general trial court. Filings go to the clerk of the Circuit Court for that county, and larger counties maintain dedicated probate divisions and local procedures.
What is the summary administration limit in Florida?
Under Florida Statutes 735.201 an estate qualifies for summary administration where the value of the estate subject to administration in Florida, less the value of property exempt from creditors' claims, does not exceed $75,000. It also qualifies regardless of value if the decedent has been dead for more than two years.
How long does probate take in Florida?
Summary administration can conclude in a few weeks to a couple of months, since no personal representative is appointed and the court orders distribution directly. Formal administration commonly runs 6 to 12 months, with the floor set by the three month creditor claim period that runs from the first publication of the notice to creditors.
Homestead protection, the attorney requirement, and the two year door
Florida probate is dominated by homestead. Article X, section 4 of the Florida Constitution shields a decedent's homestead from most creditors and, where there is a surviving spouse or a minor child, restricts how it can be devised, so a will that leaves the house to someone else may simply fail as to that property. Homestead is also excluded from the calculation that decides whether an estate fits summary administration, which means a family whose main asset is the house often qualifies for the simplified route despite a substantial net worth. Under Florida Statutes 735.201, summary administration is available where the estate subject to administration in Florida, less property exempt from creditors' claims, does not exceed $75,000, and separately where the decedent has been dead more than two years, a provision that makes long delayed Florida estates far easier to resolve than long delayed estates elsewhere. Summary administration appoints no personal representative at all; the court enters an order distributing assets directly. Formal administration is different in character, and the Florida Probate Rules generally require the personal representative to be represented by an attorney unless the representative is the sole interested person, which effectively makes counsel mandatory in most contested or multi beneficiary estates. Florida also limits who may serve: a non resident generally cannot be personal representative unless related to the decedent by blood, marriage, or adoption. The creditor claim period under Florida Statutes 733.702 is three months from the first publication of the notice to creditors, or 30 days from service on a known creditor, subject to the absolute two year bar in 733.710. The Circuit Court, probate division, hears all of it, and Florida imposes no state estate or inheritance tax.
Relevant Laws
Florida Statutes 735.201 (Summary administration)
Makes summary administration available where the value of the entire estate subject to administration in Florida, less the value of property exempt from the claims of creditors, does not exceed $75,000, or where the decedent has been dead for more than two years. No personal representative is appointed; the court enters an order distributing the assets directly to those entitled.
Florida Statutes 733.702 (Limitations on claims against estates)
Requires a creditor to file a claim within three months after the first publication of the notice to creditors, or within 30 days after service of a copy of the notice on that creditor, whichever is later as to that creditor. Claims not timely filed are barred, subject to the court's limited authority to extend on a showing of good cause.
Florida Statutes 733.710 (Two year absolute bar)
Bars all claims against a decedent's estate two years after the date of death, regardless of whether notice was published or served and regardless of any extension a court might otherwise grant. This is a statute of repose rather than a limitations period, and it is the outer boundary on creditor exposure in a Florida estate.
Florida Constitution Article X, section 4 (Homestead)
Exempts the homestead from forced sale by most creditors and restricts devise of the homestead when the owner is survived by a spouse or minor child. Because protected homestead is excluded from the assets available to creditors and from the summary administration calculation, homestead classification is usually the first substantive question in a Florida estate.
Regional Variances
Florida administration tracks
Only exempt property and limited personal property
Disposition without administration under Florida Statutes 735.301. Available where the estate holds only exempt property plus non exempt personal property not exceeding the amount of final illness and funeral expenses. Handled by informal application to the clerk rather than a full proceeding, and the least expensive route available.
$75,000 or less after excluding exempt property
Summary administration under Florida Statutes 735.201. No personal representative is appointed. The court enters an order of summary administration distributing assets directly. The petitioner must make a diligent search for creditors and provide for payment of those known before the order is entered.
Decedent dead more than two years
Summary administration is available regardless of estate value once two years have passed since death. This tracks the absolute creditor bar in 733.710 and makes Florida unusually workable for estates discovered or addressed long after the fact.
Above the threshold and within two years of death
Formal administration in the Circuit Court, probate division. Letters of administration issue to a qualified personal representative, notice to creditors is published, the three month claim period runs, and the estate closes on a final accounting and order of discharge. Counsel is generally required unless the representative is the sole interested person.
Florida deadlines and restrictions
Depositing the will
The custodian of an original will must deposit it with the clerk of the Circuit Court in the county of domicile within 10 days of learning of the death, under Florida Statutes 732.901. The duty applies whether or not any probate proceeding is contemplated.
Creditor claims
Three months from first publication of the notice to creditors, or 30 days from service on a known creditor, whichever is later as to that creditor, under 733.702. An absolute two year bar from the date of death applies under 733.710 regardless of notice.
Who may serve as personal representative
A non resident generally cannot serve unless related to the decedent by blood, marriage, or adoption. Felony convictions and inability to perform the duties also disqualify. A named executor who lives out of state and is unrelated will therefore be unable to serve despite the will's direction.
Attorney representation
The Florida Probate Rules generally require the personal representative in a formal administration to be represented by an attorney, unless the representative is the sole interested person or is a member of the Florida Bar. This is a mandatory cost in most multi beneficiary formal administrations.
Suggested Compliance Checklist
Deposit the original will within 10 days
Within 10 days of death days after startingDeliver the original signed will to the clerk of the Circuit Court in the county where the decedent was domiciled, as Florida Statutes 732.901 requires, within 10 days of learning of the death. This obligation exists independently of whether a probate case will be opened, and the clerk's receipt should be retained.
Classify homestead and exempt property
Weeks 1-3 days after startingDetermine whether the residence qualifies as protected homestead under Article X, section 4 of the Florida Constitution, and identify other exempt property. Exempt property is excluded from the summary administration calculation and is generally beyond creditors' reach, so this classification frequently decides which administration route is available.
File the inventory after letters issue
After letters issue days after startingIn a formal administration the personal representative must file an inventory of the estate with date of death values, and serve it on interested persons, within the period the Florida Probate Rules set after letters issue. Obtain appraisals for real property and closely held interests. Confirm at the same time that the named representative actually qualifies, since a non resident is disqualified unless related to the decedent by blood, marriage, or adoption.
Petition for summary administration if the estate qualifies
Weeks 2-8 days after startingWhere the estate subject to administration less exempt property is $75,000 or under, or the decedent died more than two years ago, prepare the petition for summary administration under 735.201. Conduct and document a diligent search for creditors first, since the petitioner must provide for known creditors before the order is entered.
Publish notice and diary the three month claim period
3 months from first publication days after startingIn a formal administration, publish the notice to creditors and serve every creditor known or reasonably ascertainable after a diligent search. Diary three months from first publication and 30 days from each individual service. Do not distribute before the applicable period closes for every creditor, and note the absolute two year bar under 733.710.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Deposit the original will within 10 days | Deliver the original signed will to the clerk of the Circuit Court in the county where the decedent was domiciled, as Florida Statutes 732.901 requires, within 10 days of learning of the death. This obligation exists independently of whether a probate case will be opened, and the clerk's receipt should be retained. | - | Within 10 days of death |
| Classify homestead and exempt property | Determine whether the residence qualifies as protected homestead under Article X, section 4 of the Florida Constitution, and identify other exempt property. Exempt property is excluded from the summary administration calculation and is generally beyond creditors' reach, so this classification frequently decides which administration route is available. | - | Weeks 1-3 |
| File the inventory after letters issue | In a formal administration the personal representative must file an inventory of the estate with date of death values, and serve it on interested persons, within the period the Florida Probate Rules set after letters issue. Obtain appraisals for real property and closely held interests. Confirm at the same time that the named representative actually qualifies, since a non resident is disqualified unless related to the decedent by blood, marriage, or adoption. | asset-inventory | After letters issue |
| Petition for summary administration if the estate qualifies | Where the estate subject to administration less exempt property is $75,000 or under, or the decedent died more than two years ago, prepare the petition for summary administration under 735.201. Conduct and document a diligent search for creditors first, since the petitioner must provide for known creditors before the order is entered. | small-estate-affidavit | Weeks 2-8 |
| Publish notice and diary the three month claim period | In a formal administration, publish the notice to creditors and serve every creditor known or reasonably ascertainable after a diligent search. Diary three months from first publication and 30 days from each individual service. Do not distribute before the applicable period closes for every creditor, and note the absolute two year bar under 733.710. | - | 3 months from first publication |
Frequently Asked Questions
In most formal administrations, yes. The Florida Probate Rules require a personal representative to be represented by an attorney unless the representative is the sole interested person in the estate or is themselves a member of the Florida Bar. This is unusual among the states and is a real budget item, since attorney compensation in Florida estates is subject to a statutory reasonableness framework based on the value of the estate.
Florida restricts eligibility more than most states. A person who is not a Florida resident generally cannot serve unless they are related to the decedent by blood, marriage, or adoption, which rules out an out of state friend or professional advisor named in the will. A person convicted of a felony, or who is mentally or physically unable to perform the duties, is also disqualified.
Protected homestead is shielded from most creditors of the estate and passes outside the assets available to pay claims. Where the decedent left a surviving spouse or a minor child, the Florida Constitution also restricts how the homestead may be devised, and a devise that violates those restrictions fails, with the property instead passing under the constitutional and statutory scheme. Homestead is also excluded from the summary administration calculation.
Yes. Florida Statutes 735.201 allows summary administration where the decedent has been dead for more than two years, regardless of the value of the estate. This makes Florida notably friendlier to long delayed estates than most states, where a large estate discovered years later would still require full administration. The two year mark also coincides with the absolute creditor bar in 733.710.
Other Florida guides
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