Florida probate guide

Probate process in Florida

Florida probate runs in the Circuit Court's probate division. Filing fees are about $401 for formal administration and $346 for summary administration. Summary administration is available for estates of $75,000 or less (rising to $150,000 for deaths on or after July 1, 2026 per CS/SB 1500), or when the decedent has been dead more than two years. Florida is unusual in NOT recognizing a transfer-on-death deed; the equivalent is the common-law Lady Bird (enhanced life estate) deed.

Florida probate at a glance

Court
Circuit Court (Probate Division)
Typical timeline
24–52 weeks
Filing fee
$346–$401
Small-estate threshold
$75,000
TOD deed allowed?
No
Bond required by default?
Yes (unless waived)
Statute
Fla. Stat. §§ 731-735 (Florida Probate Code)

Source: www.flcourts.gov. Fees and thresholds change — verify with your county court before filing.

How Florida probate works, step by step

  1. 1File petition for administration in the county where decedent was domiciled
  2. 2Court issues letters of administration to personal representative
  3. 3Serve Notice to Creditors; three-month claim period runs
  4. 4File inventory within 60 days and pay debts, taxes, and family allowance
  5. 5File final accounting and petition for discharge

Probate by county in Florida

Filing fees, court contacts, and process detail for 67 Florida counties:

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This page is informational and is not legal advice. Probate procedure varies by county and changes over time. Consult a licensed Florida probate attorney for advice specific to your situation.