Closing an Estate in Florida: A Guide to Florida Probate Law

Losing a loved one is difficult, and the legal burden of closing an estate can feel overwhelming.

Whether you are a surviving spouse, a named executor, or a family member, understanding Florida probate law is essential to ensure assets are distributed correctly and legal liabilities are minimized.

Florida probate requirements are strict. From filing the initial petition to the final estate closing, every step is governed by the Florida Probate Code and specific Florida probate rules.

This guide explains the probate process in Florida, the costs involved, and how to navigate the court system efficiently.

How We Evaluate Estate Complexity Under Florida Probate Law

Before we recommend a specific course of action, we evaluate every case based on three specific pillars of Florida probate law: Asset Structure, Debt Exposure, and Family Dynamics.

Asset Structure: We first determine if the decedent’s assets are “probate assets” or “non-probate assets.” If the assets are held in a living trust, hold joint ownership with rights of survivorship, or are payable on death accounts, they may avoid probate. However, if there is real estate or an investment account solely in the decedent’s name, court intervention is likely required.
Debt Exposure: Florida law requires strict adherence to the notice to creditors process. If the estate has significant debts, we analyze whether summary administration is risky versus a formal probate administration where a personal representative can better manage personal liability and negotiate claims.
Timeline & Qualification: We verify if the death occurred more than two years ago (which simplifies the process) or if the total value of non-exempt assets is under $75,000. These factors dictate whether we file for Summary Administration or Formal Administration.

Risks & Benefits of the Florida Probate Court Process

Navigating Florida probate proceedings involves balancing legal protection against potential delays. Understanding the probate in Florida rules helps manage expectations.

The Benefits:

Creditor Protection: The Florida probate court oversees the creditor period. Once the statutory period expires (usually 3 months after publication), invalid claims are barred forever.
Clean Title: Probate in Florida is the only legal way to transfer “clear title” of owned property (like a home) from a deceased person to heirs.
Dispute Resolution: If there are contested wills or disputes over intestate succession rules, the court provides a structured forum for resolution.

The Risks:

Public Record: Florida probate cases are public records; anyone can see the value of the estate and who inherits.
Delays: Probate in FL can be slow. Closing probate requires court approval at various stages.
Liability: A personal representative can be held personally liable for financial losses to the estate if they fail in their duties, such as failing to pay debts or mismanaging estate funds.

Cost of Probate in Florida: Fees, Timeframes & Requirements

Clients often ask, “How much does it cost and how long does it take?” The answer depends on the type of administration chosen under Florida statutes.

Timeframes for Closing an Estate

Summary Administration: Generally takes 1 to 2 months to complete.
Formal Administration: Typically takes 6 months to a year (or more) depending on the complexity of the estate or pending litigation.
Disposition Without Administration: Immediate, provided documents are in order.

Breakdown of Costs

The cost of an estate administration in Florida varies, but here are the standard drivers:

Court Filing Fees: Florida probate court filing fees typically range from $345.00 to $405.00, unless waived for indigency.
Publication Costs: In formal administrations, you must publish a Notice to Creditors in a local newspaper. This typically costs around $250.00.
Attorney Fees: Florida probate attorney fees typically range from $2,000 to $6,000 for simple probate administrations. More complex estates or probate litigation will result in higher fees.
Other Expenses: Probate costs may also include appraiser fees for personal property, accountant fees for final accounting, and bond premiums.

Note: The estate typically covers probate expenses, which can reduce the inheritances received by beneficiaries.

Florida Probate Requirements for Estate Closing

While opening an estate gets the most attention, the estate closing process is where many delays occur.

To successfully discharge the Personal Representative and release them from liability, you must strictly satisfy Florida probate law.

The court will not sign a discharge order until every penny is accounted for and every statutory rule is met.

Meeting Probate Requirements in Florida for Final Accounting

One of the strictest probate requirements in Florida involves the final accounting.

Unless waived by all beneficiaries, you must file a detailed report showing every transaction that occurred during the administration.

This includes income received, debts paid, and the proposed schedule for distribution. If this accounting violates any Florida probate rule—such as failing to categorize assets correctly—the judge will reject it, restarting the timeline.

Closing an Estate Under Florida Probate Law

Closing an estate is a formal legal procedure, not just a matter of emptying bank accounts.

Florida probate law dictates that you must file a Petition for Discharge, which asserts that you have paid all claims, filed all tax returns, and distributed assets according to the will or statutes.

Only after the court reviews this petition and ensures all Florida probate requirements are met will they issue the Order of Discharge, officially ending the estate closing process.

When to Use Formal Administration vs. Summary Administration

Choosing the right path is critical for how to settle an estate in Florida efficiently.

Best Choice for Most Estates: Formal Administration

Formal probate administration is the standard probate process in Florida. It is required if:

The estate’s non-exempt assets exceed $75,000.
The decedent died less than two years ago.
A personal representative is needed to investigate assets, deal with banks, or handle probate litigation. In this process, the court issues “Letters of Administration,” giving the representative the power to close estate accounts and sell property.

Best Choice for Small Estates: Summary Administration

Summary administration is a simplified, faster process. It is the best choice if:

The value of the estate subject to probate is $75,000 or less.
OR, the decedent has been dead for more than two years.
There are no creditors, or creditors have been paid/barred.
Note: Summary administration is generally less costly than formal administration in Florida.

Alternatives: Disposition Without Administration & Estate Planning

Not every situation requires a full court process. Florida probate rules offer alternatives.

Disposition Without Administration This is available for very small estates. It allows for the recovery of assets to cover funeral costs and medical bills without a hearing.

Criteria: The estate must not include real estate, and assets must not exceed final expenses.

Avoiding Probate Through Planning Effective estate planning can help families avoid probate entirely.

Living Trusts: Assets held in a trust pass directly to beneficiaries.
Lady Bird Deeds: Transfer-on-death deeds enable real estate to pass to heirs instantly.
Beneficiary Designations: Life insurance policies and retirement accounts with named beneficiaries bypass the Florida probate process.

Process & Decision Stage: How to Settle an Estate in Florida

If you need to move forward, here is the step-by-step FL probate process for closing an estate.

Step-by-Step Florida Probate Procedures

File the Will: Florida law requires the original will to be filed with the clerk of the court within 10 days of death.
Petition the Court: Filing a Petition for Administration is necessary to open probate.
Appointment: The court appoints a personal representative (executor). This person has a fiduciary duty to the estate.
Notice: The representative must serve a Formal Notice or Notice of Administration to beneficiaries and publish a Notice to Creditors.
Inventory: You must locate, secure, and value decedent’s assets (including digital assets and investment accounts).
Pay Debts: Valid debts, taxes, and expenses must be paid from estate funds.
Distribution: Distribute remaining assets to beneficiaries according to the valid will or intestate succession rules (if there is no will).
Closing: A petition to close the estate must be filed to obtain a final order discharging the personal representative.

Checklist: Documents Required to Open Probate

To start the probate administration, gather the following:

[ ] Death Certificate: A certified copy is required.
[ ] Original Will: Must be signed by the testator and two witnesses to be enforceable.
[ ] Asset List: Bank statements, real estate deeds, life insurance policies, and vehicle titles.
[ ] Creditor List: Known bills, credit cards, and medical expenses.
[ ] Heir Information: Names and addresses of the surviving spouse, children, and other beneficiaries.

Navigating Florida Probate Proceedings and Statutory Rules

Successfully navigating probate law in Florida requires strict adherence to procedural timelines. Whether you are dealing with a simple summary administration or a complex formal administration, the state of Florida probate laws dictate exactly when and how specific actions must be taken.

Compliance with Florida Probate Rules

One of the most common questions we receive is: how do you close an estate without getting stuck in legal limbo? The answer lies in following the Florida rules of probate.

These rules govern everything from the initial filing to the final discharge. If you fail to follow Florida state probate regulations—such as proper notice to creditors or accurate accounting—the court will deny your petition to close.

Why You Need an Estate Attorney for Florida State Probate

Because probate FL statutes are complex, having a qualified estate attorney is often mandatory, not just recommended.

We ensure that you meet all requirements for probate in the state of Florida, protecting you from personal liability.

An attorney guides you through the nuances of probate Florida courts, ensuring that every document is filed correctly so the process moves forward without unnecessary delay.

Managing the Decedent’s Estate, Estate Tax, and Distributing Assets

The core purpose of probate is transferring title from the decedent’s estate to the living beneficiaries. However, this cannot happen until all financial obligations, including potential estate tax issues and debts, are fully resolved.

Steps for Distributing Assets and Closing Accounts

Many personal representatives struggle with the logistics of banking. Knowing how to close estate account funds properly is critical.

You cannot simply withdraw the money; you must present the Letters of Administration to the bank, transfer funds to an estate account, pay the final bills, and only then proceed with distributing assets to the heirs.

If you distribute money too early, you may be personally responsible for unpaid claims.

How to Close Out an Estate and Avoid Probate in the Future

The final step of how do you close out an estate involves filing a final accounting and a petition for discharge. Once the court is satisfied that the Florida probate proceedings are complete, they will sign an order closing the estate.

While we help you navigate this current process, we also advise on how to avoid probate for your own assets in the future, utilizing tools like trusts to bypass these requirements entirely.

Common Myths About Florida Probate

Myth 1: If I have a Will, I avoid probate. Fact: A Will is essentially a letter to the judge telling them how you want assets distributed through probate. Only trusts and direct beneficiary designations avoid probate.

Myth 2: The State of Florida takes all your property if you die without a will. Fact: This is false. If you die without a will (intestate), Florida’s intestate succession laws dictate that property goes to your surviving spouse and children. The state only takes property if absolutely no heirs can be found.

Myth 3: Probate always takes years. Fact: While complex cases can drag on, a simple Summary Administration can be finished in 1-2 months. Even a standard Formal Administration often concludes in 6-12 months.

Myth 4: The State of Florida will tax my inheritance. Fact: This is a common fear, but Florida has no state estate tax. While you still must address any tax obligations of the deceased (like their final income tax return), federal estate taxes generally only apply to decedent’s estate values exceeding very high exemption thresholds (currently over $13 million). Most beneficiaries receive their inheritance tax-free.

Myth 5: My stepchildren will automatically inherit my estate. Fact: Unless you legally adopted them or specifically named them in your will, stepchildren and foster children have no rights to inheritance under intestate succession laws. The process of intestate succession in Florida is governed by Chapter 732 of the Florida Statutes, which strictly prioritizes blood relatives and surviving spouses.

Myth 6: I don’t need a lawyer if the family gets along. Fact: Even in amicable families, probate is a strict court supervised process. The personal representative has a fiduciary duty to file claims, manage estate assets, and keep detailed financial records. Mistakes can lead to personal liability. Florida courts often require a personal representative to hire legal professionals for Formal Administration to ensure court costs are paid and procedures are followed correctly.

Myth 7: A notarized letter or handwritten note counts as a valid Will. Fact: Many people believe informal notes are sufficient, but Florida law requires that a will must be signed by the testator and two witnesses to be enforceable. Without these specific formalities, the document may be rejected by the court, causing the estate to be treated as if there were no Will at all.

Myth 8: Being named in the Will gives me immediate power to manage assets. Fact: You do not have legal authority the moment the person passes away. The court must first review the Will and the petition. The court issues “Letters of Administration” to appoint a personal representative to manage the estate after the petition is accepted. Until you have those Letters, you cannot access or sell estate property.

Myth 9: Probate is always a “Formal” and expensive lawsuit. Fact: It doesn’t have to be. There are three main types of probate in Florida: formal administration, summary administration, and disposition without administration. Smaller estates may qualify for the faster options. Additionally, assets like payable-on-death accounts allow bank and investment accounts to bypass probate entirely, simplifying the process further.

Myth 10: I can handle the estate in secret and finish whenever I want. Fact: Probate is a transparent process. The personal representative must notify all interested parties of the probate proceedings, so you cannot hide the process from heirs. Furthermore, you cannot simply walk away when the money is distributed. The personal representative must keep detailed financial records of all transactions related to the estate, and a petition to close the estate must be filed to obtain a final order discharging the personal representative from their duties.

Frequently Asked Questions (FAQ)

What does closing an estate mean? Closing an estate means the legal process is complete. All debts have been paid, assets have been distributed, and the court has issued an order discharging the personal representative.

How do you close an estate account at the bank? To close estate account funds, you typically need a certified copy of your “Letters of Administration” issued by the circuit court. The bank will not release deceased person’s assets without this legal document.

What happens when you close an estate account? When closing out an estate bank account, the funds are usually transferred to an account in the name of the estate (e.g., “Estate of John Doe”). These funds are used to pay creditors before the remainder is distributed to heirs.

How do I handle a small estate? If the assets are minimal, you may qualify for Disposition without administration. This is for very small estates where assets do not exceed funeral and medical costs.

Is a lawyer required for Florida probate? Under Florida probate rules, a personal representative is generally required to be represented by an estate attorney in Formal Administration because they are representing the interests of others (beneficiaries and creditors).

What are the different types of probate in Florida? There are three main types of probate in Florida:

Formal Administration: The standard process for most estates.
Summary Administration: A faster process for estates worth less than $75,000 or when the death occurred over two years ago.
Disposition Without Administration: This allows for the recovery of assets without a formal probate hearing, provided the estate does not include real estate and is below the threshold of final expenses.

What are the main duties of a Personal Representative? Once the court issues “Letters of Administration”, the personal representative has several critical jobs:

Locating and valuing all assets: This includes everything from bank accounts to jointly owned property.
Inventory: They must create an inventory of the estate’s assets and file it with the court.
Notification: They must notify all interested parties about the probate proceedings.
Debt Payment: They are responsible for using estate funds to pay valid debts and taxes.
Record Keeping: They must keep detailed financial records of all transactions to avoid personal liability.

Does my home go through probate? It depends on how it is titled. Homestead property in Florida has special protections. While it often must go through a court process to determine its status as “homestead,” it is frequently exempt from forced sale to pay creditors. However, if the home is jointly owned property with rights of survivorship, it may pass directly to the co-owner. An estate planning attorney can help you structure this to avoid probate in the future.

Will I need an appraiser? Possibly. The personal representative is responsible for locating and valuing all assets of the estate. For items like jewelry, art, or real estate, a professional appraisal may be required to determine the value of high-value estate items. Accurate values are necessary for the inventory filed with Florida courts and for calculating any potential federal estate taxes.

Why does probate take so long? The probate process in Florida can take 6 to 12 months (or longer) because it is designed to protect creditors and beneficiaries. A Notice to Creditors must be published in a local newspaper to allow unknown creditors time to file claims. Additionally, disputes among beneficiaries can complicate and prolong the administration. The estate cannot be closed until a petition to close the estate is filed and the court issues a final order discharging the representative.

Get Help From a Florida Probate Lawyer Today

Closing probate is not a DIY task. One mistake in the final accounting or creditor notice can lead to personal liability. As a Florida Probate Lawyer, I ensure the process is handled correctly so you can focus on healing.

Contact a Florida Probate Lawyer for Help Closing an Estate

You do not have to navigate Florida probate law alone. Whether you are facing complex probate requirements in florida or simply need guidance on a straightforward estate closing, I am here to help.

My firm serves clients across the state, ensuring strict compliance with every florida probate rule so you can focus on your family. If you are ready to start the process of closing an estate and meeting all florida probate requirements, contact me directly today.

Service Areas: Proudly Serving Families Throughout Florida

I represent personal representatives and beneficiaries in probate courts across major Florida counties and cities, including:

Major Counties Served:

South Florida: Miami-Dade County, Broward County, Palm Beach County, Monroe County, Martin County.
Central Florida: Orange County, Osceola County, Seminole County, Lake County, Polk County, Brevard County.
West Coast / Tampa Bay: Hillsborough County, Pinellas County, Pasco County, Manatee County, Sarasota County, Lee County, Collier County.
North Florida: Duval County, Clay County, St. Johns County, Alachua County, Leon County, Escambia County.

Major Cities Served:

Miami & Fort Lauderdale Area: Miami, Hialeah, Fort Lauderdale, Pembroke Pines, Hollywood, Miramar, Coral Springs, Pompano Beach, West Palm Beach, Boca Raton.
Orlando & Central Florida: Orlando, Kissimmee, Sanford, Winter Park, Altamonte Springs, Lakeland, Daytona Beach.
Tampa & Gulf Coast: Tampa, St. Petersburg, Clearwater, Brandon, Sarasota, Bradenton, Fort Myers, Cape Coral, Naples.
Jacksonville & North Florida: Jacksonville, St. Augustine, Gainesville, Tallahassee, Pensacola.

Contact me now if you need a Florida probate attorney who actually fixes problems instead of creating new ones.