Last updated September 9, 2026
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The EstateDraftFL probate lane states the general rules for every administration path Florida provides, records the path you elect, computes every creditor’s deadline from the dates you enter, and assembles the Rule 2.520-formatted filings from your own answers — built for your Florida attorney to review and file. In a formal administration the personal representative, unless the personal representative remains the sole interested person, shall be represented by an attorney admitted to practice in Florida (Fla. Prob. R. 5.030(a)); from October 1, 2026 the rule reads "must" (SC2025-1478; the substance is unchanged).
What is probate?
Probate is how a Florida court oversees transferring a deceased person's assets — validating any will, appointing a personal representative, paying valid debts and expenses, and distributing what remains to the heirs or beneficiaries. Assets that pass another way (a funded Trust, beneficiary designations, jointly held property) generally skip probate.
The main types of Florida probate
Formal administration
The standard process for most estates, supervised by the court with an appointed personal representative. Used when the estate is larger or fewer than two years have passed since death.
Summary administration
A faster, simpler option generally available when the estate's non-exempt assets are worth $75,000 or less, or the person died more than two years ago. No personal representative is appointed.
Disposition without administration
A limited process for very small estates, mainly to reimburse final expenses — available only in narrow circumstances.
What happens in a Florida probate
- Open the estate and, in formal administration, appoint a personal representative.
- Identify and notify beneficiaries and known creditors, and publish notice to creditors.
- Inventory the estate's assets and their values.
- Pay valid claims, taxes, and administration expenses.
- Distribute what remains to the beneficiaries and close the estate.
Can you avoid probate in Florida?
Often, in part — a funded revocable living Trust, beneficiary or pay-on-death designations, and jointly titled property generally pass outside probate. What works depends on how each asset is titled. This page is general information, not legal advice; a free role check can point you to the next step, and a Florida attorney can advise on your estate.
What Florida probate costs
Two statutory fees drive most of the cost: the attorney fee presumed reasonable under §733.6171 (which scales with the estate) and the personal-representative commission under §733.617, plus court filing and publication costs. They are presumed reasonable, not mandatory. Estimate a specific estate with the probate cost calculator, or read the full breakdown of how much Florida probate costs.
The creditor claims period
In formal administration the personal representative publishes a notice to creditors and serves known creditors. Most claims must then be filed within the later of three months after first publication or 30 days after service (§733.702), with an absolute two-year bar from the date of death (§733.710). Running this period is a major reason formal administration takes months — and a reason summary administration, where available, is faster.
Which path will this estate take?
Compare summary vs. formal administration, or answer a few questions in the free probate checker to place a specific estate’s numbers beside the published ceilings and read each path’s conditions.
Related reading
- Summary vs. formal administration →
- How much probate costs in Florida →
- How to avoid probate in Florida →
- Do I need probate? (checker) →
- Florida probate by county (all 67) →
- The Florida revocable living Trust, explained →
- Florida Estate Planning overview →
General information about Florida law, not legal advice.
Frequently asked questions
How long does probate take in Florida?
It varies. Summary administration can take a few weeks to a couple of months; formal administration commonly takes several months to a year or more, depending on the estate, creditor claims, and any disputes. A Florida attorney can estimate for your situation. General information, not legal advice.
Is probate required in Florida if there's a will?
Often yes — a will generally must be admitted to probate to transfer the assets it covers. A will directs who receives property; it does not avoid probate. Assets in a funded trust or with beneficiary designations may pass outside probate.
What is the difference between formal and summary administration in Florida?
Formal administration is the standard, court-supervised process with an appointed personal representative. Summary administration is a faster, simpler option generally available when the estate's non-exempt assets fall under the statutory ceiling, or the death was more than two years ago. Note: Chapter 2026-57, Laws of Florida raised that summary-administration ceiling from $75,000 to $150,000 effective July 1, 2026 — confirm the controlling figure with a Florida attorney.
Does a trust avoid probate in Florida?
A funded revocable living trust generally passes its assets outside probate. Assets left outside the trust may still require probate, which is why a pour-over will is common. General information, not legal advice.
How much does probate cost in Florida?
Florida attorney fees for formal administration are 'presumed reasonable' on a schedule that scales with the estate (§733.6171) — for example $3,000 for an estate up to $100,000, then 3% of value between $100,000 and $1 million — plus a personal-representative commission (§733.617) and court costs. The figures are presumed, not mandatory, and can be reduced or waived. Summary administration costs much less.
How long do creditors have to file claims in Florida probate?
After the personal representative publishes a notice to creditors, most claims must be filed within the later of three months after first publication or 30 days after the creditor is served (§733.702). An absolute two-year bar from the date of death also applies (§733.710). This creditor period is a big part of why formal administration takes time.
General information about Florida law, not legal advice.