How Probate Works in Florida

Does Florida require probate?

Not always. Florida offers summary administration for estates valued at $75,000 or less (after excluding homestead and exempt property). Any estate where the deceased has been dead for more than two years can also use this simplified process regardless of value.

Assets with beneficiary designations, joint ownership, or held in trust bypass probate entirely.

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What court handles probate in Florida?

Probate in Florida is handled by the Circuit Court in the county where the deceased person lived. Each circuit court has a probate division that manages estate administration, will contests, guardianships, and related matters.

There is no strict deadline to open a probate case in Florida. However, there is an important early requirement:

If you are in possession of the deceased person's original will, Florida law requires you to deposit it with the Clerk of the Court within 10 days of learning of the death. This is a filing requirement only, not the same as opening probate.

Failing to deposit the will can result in legal liability.

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Small estate threshold

Florida offers summary administration for smaller estates. An estate qualifies if either:

• The total value of the estate subject to administration is $75,000 or less (excluding exempt property), or
• The deceased has been dead for more than two years

Key rules:

• Homestead property, household furnishings up to $20,000, and up to two motor vehicles are exempt from the $75,000 calculation. An estate with a valuable home may still qualify if other assets are under the threshold.
• Summary administration does not require appointing a personal representative. The court directly orders the distribution of assets.
• The process is faster and less expensive than formal administration, typically completing in weeks rather than months.
• All beneficiaries and creditors must be addressed in the petition.

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Homestead protections

Florida's homestead protections are among the strongest in the country. The primary residence is generally:

• Protected from most creditors' claims. Unsecured creditors cannot force the sale of the homestead to satisfy debts, even if the estate is insolvent.
• Transferred outside of probate. The homestead typically passes directly to eligible family members under Florida's specific homestead succession rules.

However, Florida law restricts how homestead property can be left in a will if the deceased is survived by a spouse or minor children:

• The surviving spouse generally receives a life estate in the home, with the remainder passing to the deceased's descendants.
• The surviving spouse can elect (within six months of death) to take a one-half interest as a tenant in common instead of the life estate.

These restrictions apply even if the will says otherwise, which catches some families off guard.

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What if there is no will?

When someone dies without a will in Florida, the estate follows intestate succession rules:

• Spouse, no descendants. The surviving spouse inherits everything.
• Spouse and descendants (all shared). The surviving spouse inherits everything.
• Spouse and descendants from a prior relationship. The surviving spouse receives one-half of the estate. The descendants inherit the other half.
• Descendants, no spouse. Descendants inherit everything equally.
• Parents (no spouse or descendants). Parents inherit everything.
• Siblings (no spouse, descendants, or parents). Siblings inherit equally.

For a broader overview, see our guide on handling an estate without a will.

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What makes Florida different?

Creditor claim deadlines

Florida has distinctive rules for creditor claims:

• Known creditors who receive direct notice have 30 days to file a claim.
• Unknown creditors notified by newspaper publication have three months from the first publication.
• If probate is never opened, creditors have up to two years from the date of death to file claims. Opening probate starts the clock on these shorter windows, which is one practical reason not to delay.

Homestead as a probate-avoidance tool

Because Florida homestead property bypasses probate entirely and is protected from most creditors, the primary residence is often the most valuable asset that families do not need to worry about during probate.

This is a significant benefit in a state with high home values.

No state income or estate tax

Florida has no state income tax and no state estate tax. Only the federal estate tax applies, and only to estates exceeding approximately $13.99 million in 2025.

For a general overview of the probate process, see our guide on how probate works. If you need to order death certificates, see our guide on how to get death certificates in Florida.

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