Florida Probate
FAQ.

Probate is the court-supervised process of distributing a deceased person's assets, paying their debts, and transferring property to beneficiaries or heirs. In Florida, probate is handled by the court in the county where the deceased person lived. The process involves filing the will (if one exists), appointing a personal representative, notifying creditors, inventorying assets, paying valid debts, and distributing what remains to beneficiaries.

Formal administration typically takes 6 to 12 months, though complex estates with disputes, extensive creditor claims, or real property in multiple counties can take longer. Summary administration, available for estates of $150,000 or less (excluding homestead) for deaths on or after July 1, 2026 ($75,000 for earlier deaths) or when the decedent passed more than two years ago, can be completed in 4 to 8 weeks. The mandatory creditor notice period alone is 90 days under Florida Statute §733.2121, which sets a minimum floor for formal administration.

Probate costs include court filing fees (typically $300-$400 in Broward County), attorney fees, personal representative fees, and costs for notices and publications. Florida Statute §733.6171 provides a fee schedule for attorneys: 3% of the first $1 million of estate value, 2.5% of the next $4 million, and 2% of the next $5 million. Personal representative compensation follows a similar schedule under §733.617. For a $500,000 estate, attorney fees would be approximately $15,000. Summary administration is significantly less expensive because it involves fewer filings and no ongoing administration.

When someone dies without a will (intestate), Florida's intestacy statutes (Chapter 732) determine who inherits. If the deceased was married with no children, the surviving spouse inherits everything. If married with children (all from the same marriage), the spouse inherits everything. If married with children from a different relationship, the spouse gets half and the children split the other half. If unmarried with children, the children split everything equally. If no spouse and no children, assets go to parents, then siblings, then more distant relatives. The court still requires formal probate administration; it simply follows the statutory distribution instead of a will.

A personal representative (called an executor in other states) is the person appointed by the court to manage the estate during probate. Their duties include: gathering and inventorying assets, notifying creditors, paying valid debts and taxes, maintaining property during administration, filing required court accountings, and distributing assets to beneficiaries. Under Florida law, a personal representative must be either a Florida resident or a close relative of the deceased (spouse, sibling, parent, child). Non-resident friends cannot serve. The personal representative has a fiduciary duty to the beneficiaries and can be held personally liable for mismanagement.

Summary administration is a simplified probate process available under Florida Statute §735.201 when: (1) the value of the entire estate subject to probate (excluding homestead) is $150,000 or less for deaths on or after July 1, 2026, or $75,000 or less for earlier deaths, OR (2) the decedent has been dead for more than two years. It requires a petition signed by the surviving spouse (if any) and all beneficiaries. There is no personal representative appointed, no letters of administration issued, and no formal creditor claim process. The court issues an order of summary administration directing asset holders to transfer property to beneficiaries. It's faster, simpler, and significantly less expensive than formal administration.

Letters of administration (formally called "Letters of Administration" or "Letters Testamentary") are the official court document that gives the personal representative legal authority to act on behalf of the estate. Banks, title companies, and government agencies require these letters before they will release assets, transfer property, or provide information to the personal representative. They are issued by the probate court after the personal representative is formally appointed. In formal administration, obtaining letters typically takes 2-4 weeks after filing.

Florida law establishes a priority order for paying estate debts under §733.707: (1) costs of administration (attorney fees, personal representative fees, court costs), (2) funeral expenses up to $6,000, (3) debts and taxes with preference under federal law, (4) reasonable medical and hospital expenses of the last 60 days of illness, (5) family allowance, (6) arrearage from court-ordered child support, and (7) all other claims. Creditors have 30 days from receiving direct notice, or 3 months from the date of first publication, to file claims. Claims not filed within these windows are generally barred.

Yes. Under Florida Statute §733.504, a personal representative can be removed for: failure to perform duties, mismanagement of estate assets, breach of fiduciary duty, incapacity, conviction of a felony, or conflict of interest. Any interested person (beneficiary, creditor) can petition the court for removal. The court can also remove a personal representative who fails to file required accountings or who is not administering the estate in a timely manner. If you believe a personal representative is mishandling an estate, prompt legal action is important because assets may be dissipated.

To open a probate case in Broward County, you file a Petition for Administration with the Broward County Clerk of Courts, Probate Division. The filing includes: the original will (if one exists), the death certificate, the petition naming the proposed personal representative, and an oath of personal representative. Filing fees are approximately $400. If the proposed personal representative is not a Florida resident and not a qualifying relative, you'll need to find an alternative. After filing, the court reviews the petition, and if everything is in order, issues an Order of Admission (if there's a will) and Letters of Administration. The entire process of getting appointed typically takes 2-4 weeks.

It depends on who survived him and whether the house was his Florida homestead. Under Florida's intestacy statutes (Chapter 732), if your dad was married and all of his children are also his spouse's children, the surviving spouse generally inherits everything. If he had children from another relationship, the spouse takes half and the children split the other half. The home itself is a special case: Florida's homestead rules (Article X, Section 4 of the state constitution and §732.401) usually give a surviving spouse a life estate with the remainder passing to the children, or the spouse can elect to take a one-half interest as a tenant in common with the children. If there is no surviving spouse, the house and the rest of the estate pass to his descendants. Either way the estate still has to go through probate to clear title, and homestead disputes between a surviving spouse and the children are common, so it is worth getting advice before anyone moves out or lists the property.

Often yes, eventually. Once a Florida house passes to more than one heir, they own it together as tenants in common, and Florida law (Chapter 64) lets any co-owner file a partition action asking a court to divide the property or, more commonly with a single house, order it sold and the proceeds split. A reluctant sibling usually cannot force the others to keep owning the property together forever. There are limits while the estate is still in probate or while a surviving spouse holds a homestead life estate, and a co-owner who paid more than their share of the mortgage, taxes, insurance, or repairs can ask for credit when the proceeds are divided. Most of these situations settle with one sibling buying out the others, but the partition action is the lever that brings everyone to the table.

Usually yes. A will does not avoid probate; it tells the court who should receive the assets and who should be in charge. If your mother owned anything in her name alone with no beneficiary listed, such as a house, a solo bank account, or a vehicle, that property generally has to pass through probate before it can be transferred, and the will is filed with the court as part of that process. Probate can be avoided only for assets that already had a named beneficiary, were held jointly with right of survivorship, or were titled in a living trust. If the probate estate is small or she passed more than two years ago, it may qualify for summary administration, which is faster and cheaper than full formal administration. The probate calculator on this site can give you a quick read on which path is likely to apply.