Florida Probate: Costs, Timelines and How the Process Works

Written by Jose M. Lorenzo, Jr., Florida probate attorney · Updated August 2026

Most people meet Florida probate on the worst week of their lives. Someone has died, a bank has frozen an account, a house sits empty, and a court process nobody asked for is suddenly standing between a family and the estate they were left.

This page answers the questions Florida families actually ask, in the order they ask them, and links to the full guide behind each one. Everything here is Florida law specifically — probate is governed state by state, and guidance written for another state will send you in the wrong direction.

Florida probate: the short answers

How long does Florida probate take?	A straightforward formal administration usually takes six to twelve months. Summary administration often takes weeks.
How much does Florida probate cost?	Roughly 3% of the estate’s value in attorney fees once it clears $100,000, plus another 3% if the personal representative takes a commission, plus $400 to $600 in court and publication costs.
When can you skip full probate?	Summary administration is available when the estate subject to administration does not exceed $150,000 — a ceiling that doubled from $75,000 on July 1, 2026 — or whenever the decedent has been dead more than two years, whatever the estate is worth.
How long do creditors have?	Claims are generally barred two years after the date of death regardless of the case status. A creditor served with notice has 30 days from service.
What is exempt from probate creditors?	Household furniture, furnishings and appliances in the decedent’s usual home, up to a net value of $20,000 (Fla. Stat. § 732.402).
Can the family draw money during probate?	Yes. Florida’s family allowance lets a surviving spouse and dependent children draw up to $18,000 from the estate while probate runs.

What is probate in Florida, and which assets go through it?

Florida probate is the court process that transfers a deceased person’s assets and settles their debts — but only for assets that have no other route. Property held in a trust, owned jointly with rights of survivorship, or carrying a valid beneficiary designation may pass outside Florida probate altogether.

Full guides: Florida Probate Process · What Are Probate Assets in Florida? · Florida Non-Probate Assets · What Is Florida Probate Court?

How long does probate take in Florida?

A straightforward Florida formal administration usually takes six to twelve months. The creditor period sets the floor — the estate cannot close until it has run. Summary administration is much faster, often weeks rather than months, because there is no creditor period to run and no personal representative to appoint.

Full guides: How Long Does Probate Take in Florida? · Florida Probate Deadlines

How much does probate cost in Florida?

Expect roughly 3 percent of the estate’s value in attorney fees once it clears $100,000, plus another 3 percent if the personal representative takes a commission, plus $400 to $600 in court and publication costs. Florida’s statutory fee schedule is tiered, and filing fees vary slightly between clerks because each county adds the statutory service charges a little differently.

Full guide: How Much Does Probate Cost in Florida? — with the 2026 statutory fee tables and filing fees for four Florida counties

When is probate not necessary in Florida?

Probate can often be avoided entirely when assets sit in a trust, are held jointly with survivorship rights, or carry a designated beneficiary. Where a court process is still required, Florida offers a shortcut: summary administration, available when the estate subject to administration — less property exempt from creditors’ claims — does not exceed $150,000, or whenever the decedent has been dead for more than two years regardless of value.

This threshold changed recently. On July 1, 2026, the summary administration ceiling doubled from $75,000 to $150,000. A great deal of published guidance still cites the old figure.

Full guides: When Is Probate Not Necessary in Florida? · Summary Administration in Florida · Florida Right of Survivorship

What assets are exempt from probate in Florida?

Under Fla. Stat. § 732.402, exempt property includes household furniture, furnishings and appliances in the decedent’s usual home up to a net value of $20,000, along with two motor vehicles and qualified tuition program funds. Exempt property is protected from most creditors, but the entitlement is not automatic — a petition generally must be filed within four months after service of the notice of administration.

Full guide: What Assets Are Exempt from Probate in Florida? (§ 732.402)

What happens if there is no will in Florida?

When someone dies without a will in Florida, the estate passes under the intestacy statutes, which set a fixed order of inheritance the family cannot vary. The court still appoints a personal representative, and the statutory order of preference decides who that is.

Full guides: Probate Process in Florida Without a Will · Probate of a Will in Florida · How to Become Personal Representative in Florida

How long do creditors have to file a claim in Florida probate?

All claims are generally barred if not filed within two years of the decedent’s date of death, regardless of the probate case status. Inside an open estate the window is shorter: a creditor served with a copy of the notice to creditors has 30 days from the date of service, or until the end of the publication period, whichever is later.

Full guides: Florida Probate Creditors · Do You Inherit Debt in Florida? · What Happens to Your Debt When You Die

Can a surviving family draw money while probate is running?

Yes. Florida’s family allowance lets a surviving spouse and dependent children draw up to $18,000 out of the estate while probate is still running, and it is not deducted from what they ultimately inherit.

Full guides: Florida Family Allowance · Surviving Spouse Rights in Florida

How do you transfer a car title when the owner has died in Florida?

Florida does not allow a transfer-on-death or beneficiary designation on a motor vehicle title — there is no HSMV form for one. Heirs can often use the “Release of Heirs” section (Section 13) of Form 82040 to transfer the vehicle without going through the courtroom.

Full guide: Selling or Transferring a Deceased Person’s Car in Florida

How do heirs claim unclaimed property in Florida?

Florida holds unclaimed property indefinitely, and searching for it costs nothing. The Department of Financial Services runs the official database at fltreasurehunt.com, where funds are held in perpetuity until a valid claim is filed. Where the owner has died, the claim is usually made on the estate’s behalf, which means the entitlement has to be proved.

Full guide: Unclaimed Property in Florida When the Owner Has Died

Every Florida probate guide, by topic

How the process works

• Florida Probate Process
• What Is Florida Probate Court?
• Probate of a Will in Florida
• Probate Process in Florida Without a Will
• Ancillary Probate in Florida — out-of-state decedents with Florida property
• How to Become Personal Representative in Florida

Time and money

• How Long Does Probate Take in Florida?
• Florida Probate Deadlines
• How Much Does Probate Cost in Florida?

Which assets go through probate

• What Are Probate Assets in Florida?
• Florida Non-Probate Assets
• What Assets Are Exempt from Probate in Florida?
• When Is Probate Not Necessary in Florida?
• Florida Right of Survivorship
• Summary Administration in Florida
• Contingent Beneficiaries Under Florida Estate Law

Debts and creditors

• Florida Probate Creditors
• Do You Inherit Debt in Florida?
• What Happens to Your Debt When You Die in Florida

Handling specific assets

• Closing a Bank Account When Someone Dies in Florida
• Selling a House During Probate in Florida
• Selling or Transferring a Deceased Person’s Car in Florida
• Inherited a Collection in Florida Probate? — cards, coins, watches
• Unclaimed Property in Florida When the Owner Has Died

The family’s rights

• Florida Family Allowance
• Surviving Spouse Rights in Florida

Contested and complicated

• Caveats in Florida Probate — how to get notice before anything is filed

Choosing help

• Do I Need a Florida Probate Attorney?
• How to Choose a Florida Probate Lawyer
• The Florida Probate Questions People Are Too Embarrassed to Ask

En español

• ¿Qué pasa si no hay testamento en Florida?
• ¿Cuánto dura la sucesión en Florida?
• Cuenta bancaria de un fallecido en Florida

Talk to a Florida probate lawyer

Lorenzo Law handles Florida probate, estate administration and probate litigation statewide. If you are looking for a probate attorney in a particular county or city, start here:

Florida Probate Attorney · Miami Probate Attorney · Probate Lawyers in Fort Lauderdale · West Palm Beach Probate Lawyer · Orlando Probate Lawyer · Tampa Probate Lawyer · Jacksonville Probate Lawyer · South Florida Probate Attorney · Probate Court Guides by County

Not sure where your situation fits?

Most Florida probate questions have a short answer once someone knows which path you are on — formal administration, summary administration, or no probate at all. Call (305) 224-6811 for a free consultation, in English or Spanish. Or send us the details and we will tell you what you are actually dealing with.