Start with ownership
What property goes through probate in Florida?
Probate applies to property your loved one owned in their name alone without a valid beneficiary or survivorship transfer. A bank account with a payable-on-death beneficiary, a jointly owned home with survivorship rights, or property held in a funded trust may transfer outside probate.
| Property | Record to check | Possible route |
|---|---|---|
| Bank or investment account | Statement and beneficiary record | Direct transfer when a valid beneficiary is on file |
| Home or other land | Recorded deed and county property record | Survivorship, trust, homestead, or probate may control |
| Vehicle | Title and beneficiary designation | Title transfer or probate may apply |
| Personal belongings | Will, ownership evidence, and estimated value | Probate or a limited procedure may apply |
Choose the proceeding
Which Florida probate process applies?
Florida uses three main court routes. Formal administration is the full process. Summary administration may be available when the probate estate does not exceed $150,000, after excluding property that the statute does not count, or when your loved one died more than two years ago. Disposition without administration is narrower and is tied to qualifying final expenses and limited nonexempt personal property.
| Route | When it may fit | What to confirm |
|---|---|---|
| Formal administration | The estate needs a personal representative and full court administration. | Venue, will status, proposed representative, assets, creditors, and homestead. |
| Summary administration | The statutory value or two-year condition is met. | Every asset, debt, beneficiary, and eligibility condition. |
| Disposition without administration | Only limited personal property is available for qualifying final expenses. | The property type, values, and documented expenses. |
Formal administration
How does Florida probate work from filing to distribution?
- Deposit the original will with the clerk in the proper county within 10 days after learning of the death.
- Confirm venue and file the petition and supporting documents with the circuit court.
- Obtain the court order appointing the personal representative and the Letters of Administration that prove authority.
- Identify and safeguard property, publish and serve creditor notice, and prepare the inventory.
- Review claims, keep records, handle property and tax work, and request approval when the law or case requires it.
- Prepare the accounting, proposed distributions, and closing documents before transferring the remaining property.
Do not distribute the estate simply because the will names beneficiaries. Creditor, tax, homestead, family-rights, and court requirements can change what is available and when it can be transferred.
Florida representation rule
Does Florida probate require an attorney?
Formal administration usually requires a Florida attorney. Florida Probate Rule 5.030 requires a personal representative to be represented by a Florida lawyer unless the personal representative is the only interested person. The lawyer handles the legal work, but a traditional engagement may not include the accounts, property, tax coordination, recordkeeping, and beneficiary communication needed to settle the whole estate.
Compare a Florida probate lawyer engagement with complete Alix support
Plan the workload
How long does Florida probate take and what can it cost?
The Florida Bar says a simple probate administration usually takes five to six months. The creditor period alone remains open for at least three months after first publication. Property sales, missing records, tax work, disputed claims, or beneficiary conflict can extend the case.
The opening formal-administration court charge is governed by statewide law, with county charges to verify before filing. Attorney compensation can be negotiated, and Florida law also provides schedules that may be treated as reasonable for ordinary attorney and personal-representative services. Publication, certified copies, appraisal, bond, property, and tax expenses can sit outside those figures.
Build a Florida probate cost estimate or review the Florida probate timeline.
Estate settlement, done for you
How can Alix help with Florida probate?
Alix manages estate settlement from start to finish with legal support included. A dedicated Estate Settlement Specialist handles the broader process, while a licensed attorney handles legal advice, representation, required filings, hearings, formal accountings, and other work that requires a lawyer.
| Workstream | Who handles it | What that means for you |
|---|---|---|
| Legal work | A licensed attorney | Advice, representation, court filings, notices, hearings, and formal accountings are handled by counsel. |
| Estate operations | Your Alix Estate Settlement Specialist | Asset discovery, document organization, account closures, property, creditors, transfers, tax coordination, records, and beneficiary communication are handled with you. |
| Your decisions | You, with support | You approve decisions that require your authority without running every task and handoff yourself. |
Before you file
What should you confirm first?
| Question | Why it matters |
|---|---|
| Where did your loved one live? | It identifies the county that normally has probate venue. |
| Is there an original will? | The original must be deposited, and its terms can affect the filing. |
| How is each asset titled? | Ownership and beneficiary records determine what belongs in probate. |
| What is the probate value? | Value and property type affect whether a shorter procedure is available. |
| Who may serve? | Florida qualifications and the will affect the proposed representative. |
| Are there urgent risks? | Property, mail, insurance, fraud, and cash needs may require early action. |
Florida local guidance
Find probate help for a Florida city or county
Common questions
Florida probate questions about florida guide
What are the basic rules for probate in Florida?
File in the proper county, deposit the original will within 10 days after learning of the death, use the procedure the estate qualifies for, follow creditor and notice rules, account for the property, and obtain the required court authority before acting.
How much does an estate have to be worth to go through probate in Florida?
There is no minimum value that automatically avoids probate. The question is whether property has another valid transfer route. Summary administration may be available when the probate estate meets the current $150,000 statutory condition or when the person died more than two years ago.
What assets avoid probate in Florida?
Assets may transfer outside probate when a valid beneficiary designation, survivorship ownership, funded trust, or another specific transfer rule applies. Check the actual deed, title, account, and beneficiary record.
What is the 10-day probate rule in Florida?
The custodian of the original will must deposit it with the clerk of the court that has venue within 10 days after receiving information that the person who made the will has died.
Can you do Florida probate without a lawyer?
Formal administration usually requires the personal representative to have a Florida lawyer unless that person is the only interested person. Requirements for summary administration and disposition without administration depend on the proceeding and the court.
Where is Florida probate filed?
Probate is filed in the circuit court for the county with venue, usually the county where your loved one lived. A Florida court or lawyer should confirm venue when residence, property, or domicile is unclear.
References
- Florida Courts, Probate
- The Florida Bar, Probate in Florida
- Florida Probate Rules
- 2026 Florida Statutes, Chapter 733
- 2026 Florida Statutes, Chapter 735
- 2026 Florida Statutes, section 732.901
This guide provides general information, not legal advice. Court requirements and fees can change. Confirm the current rule and county instructions for the estate.