What Is Florida Probate Court? A Complete Guide to the Florida Probate Court Process

Florida probate court is where a person’s property is transferred after they die — where the will is proved, someone is given legal authority to act for the estate, creditors are handled, and the judge orders the property distributed. There is no courthouse in this state with “probate court” on the door: probate court in Florida is the probate division of the circuit court in the county where the person was living. We at Lorenzo Law handle Florida probate matters statewide, and this guide explains what the Florida probate court process involves, which county you file in, what it costs, how long it takes, and what to do if you have been served with papers from one.

If you have been named executor in someone’s will, or you are the closest relative of someone who died without one, this is the court you will be dealing with — and in Florida you will be called the personal representative rather than the executor.

Most people meet probate court at the worst possible moment — a parent has died, a bank will not release an account, a house cannot be sold, or an envelope arrives from a court in a county you have never visited. This page is written for that moment. Every deadline, dollar figure and rule below carries the Florida Statute or Florida Probate Rule behind it, so you can check the answer yourself.

What Is Florida Probate Court?

The probate court meaning most people are searching for is simple, and the purpose of probate court is narrower than it sounds. Florida probate court is the part of the circuit court that supervises the transfer of property from a person who has died to the people entitled to receive it. It is not a court you sue someone in. It is a supervised administrative process with a judge attached, and most of what happens there is paperwork rather than argument.

So what does probate court do? A Florida probate court does five things:

• Proves the will. A will has no legal force until a court admits it to probate. Under Fla. Stat. § 733.103(1), until a will is admitted to probate it “shall be ineffective to prove title to, or the right to possession of, property of the testator.”
• Appoints someone with authority. Somebody has to be able to sign for the estate. The court appoints that person and issues a document proving it.
• Identifies what belongs to the estate. Not everything a person owned goes through probate — jointly owned property, accounts with named beneficiaries, and trust assets usually do not.
• Handles creditors. The estate must give creditors a formal chance to come forward, and a formal process for paying or rejecting what they claim.
• Resolves disputes. When heirs, beneficiaries, creditors or the personal representative disagree, the probate judge decides.

What Is Probate in Florida?

Probate in Florida is the court-supervised process of collecting a deceased person’s assets, paying valid debts, and transferring what is left to the beneficiaries under a will or the heirs under Florida’s intestacy statutes. Florida probate laws are set out in Chapters 731 through 735 of the Florida Statutes — the Florida Probate Code — and the procedure comes from the Florida Probate Rules.

The word describes the process. “Probate court” describes the forum where it happens. People use them interchangeably, and for practical purposes that is fine.

Is Probate Court a Separate Court in Florida?

No — and this trips people up constantly.

Florida used to have separate county judge’s courts that handled probate. The 1972 revision of Article V of the Florida Constitution abolished them: when the article took effect, “[a]ll courts not herein authorized . . . shall cease to exist.” Probate jurisdiction moved to the circuit court, where it sits today.

The constitutional and statutory grants are parallel. Fla. Stat. § 26.012(2)(b) gives circuit courts exclusive original jurisdiction:

Of proceedings relating to the settlement of the estates of decedents and minors, the granting of letters testamentary, guardianship, involuntary hospitalization, the determination of incompetency, and other jurisdiction usually pertaining to courts of probate

Article V, § 20(c)(3) of the Florida Constitution — the transitional Schedule adopted in 1972 — uses nearly identical language, and the ongoing general grant of circuit court jurisdiction is Article V, § 5(b).

So when someone searches for the “Florida probate court,” what they are looking for is the probate division of the circuit court for a particular county. In Miami-Dade that is the Eleventh Judicial Circuit; in Broward, the Seventeenth; in Orange County, the Ninth. The case is filed with the clerk of the circuit court in that county.

Can a Florida Estate Case End Up in Federal Court?

The probate case itself, no. A lawsuit connected to the estate, sometimes yes — and the difference matters if someone has threatened to “take this to federal court.”

A federal court cannot probate a will or administer an estate, no matter how much money is at stake or where the parties live. That rule is called the probate exception to federal jurisdiction, and it is narrower than most people assume.

In Markham v. Allen, 326 U.S. 490 (1946), the U.S. Supreme Court held that “a federal court has no jurisdiction to probate a will or administer an estate.” Sixty years later, Marshall v. Marshall, 547 U.S. 293 (2006), confined the exception to three specific things. A federal court cannot:

1. Probate or annul a will
2. Administer a decedent’s estate
3. Dispose of property that is in the custody of a state probate court

As the Court put it, the exception “does not bar federal courts from adjudicating matters outside those confines and otherwise within federal jurisdiction.”

The Eleventh Circuit, which covers Florida, applies that exception narrowly. In Fisher v. PNC Bank, N.A., 2 F.4th 1352 (11th Cir. 2021), the court held that the exception “applies in only three circumstances,” that the test is “what a lawsuit would require a district court to do” rather than what the plaintiff intended, and that a claim does not fall inside the exception “merely because it raises questions which would ordinarily be decided by a probate court.”

So while your Florida estate is open in circuit court, a related claim — tortious interference with an expected inheritance, or a breach of fiduciary duty claim seeking a money judgment against a personal representative personally — can proceed in federal court if there is an independent basis for federal jurisdiction, usually diversity of citizenship.

The bottom line for Florida families: the estate is administered in a Florida circuit court and nowhere else. A fight about the estate occasionally lands somewhere else.

What Else Does the Florida Probate Division Handle?

What does probate court handle beyond wills and estates? In Florida, the probate division’s docket is broader than most people expect — and it is not the same in every county.

There is no statewide statute assigning cases to divisions. Under Fla. R. Gen. Prac. & Jud. Admin. 2.215, the chief judge of each judicial circuit is the administrative officer of the courts in that circuit and organizes the divisions, either by administrative order or by a Supreme Court–approved local rule. That is why the answer varies.

What travels with probate almost everywhere:

• Guardianship and incapacity. The Florida Probate Rules themselves govern both: Rule 5.010 provides that the rules “govern the procedure in all probate and guardianship proceedings.” And § 26.012(2)(b) groups guardianship, involuntary hospitalization, and determinations of incompetency with decedents’ estates in the same jurisdictional grant.

What usually travels with probate, but not always:

• Baker Act (Chapter 394) and Marchman Act (Chapter 397) proceedings — involuntary examination and placement for mental health and substance abuse.
• Trust matters under Chapter 736 — trust administration and beneficiary rights.

Three real examples show how much this varies:

• The Thirteenth Circuit (Hillsborough County) uses a single “Probate, Guardianship, Mental Health and Trust Division” that takes Chapters 731–735, 736, 744, 747 and 765, plus the Baker Act, the Marchman Act, and Chapters 393 and 415.
• The Fifteenth Circuit (Palm Beach County) puts the Probate Code, guardianship, curators, Baker Act, Marchman Act and trust administration in the Probate and Guardianship Division — but sends constructive and resulting trust actions, and independent civil actions against an estate, to the Civil Division.
• The Seventh Circuit (Volusia County) keeps probate, guardianship, incapacity and trusts together but routes Baker Act cases to a different division entirely and Marchman Act cases to yet another.

If you need to know which division your case is in, the answer is in your circuit’s administrative order — not in a statute.

Which Florida County Do You File Probate In?

Filing in the wrong county is one of the most common early mistakes, and Florida answers it with a three-part rule. Fla. Stat. § 733.101(1) provides that venue “for probate of wills and granting letters shall be”:

The situation	Where the case is filed	Authority
The deceased person lived in Florida	The county in Florida where the decedent was domiciled	§ 733.101(1)(a)
The deceased person lived elsewhere but owned Florida property	Any county where the decedent’s property is located	§ 733.101(1)(b)
The decedent lived elsewhere and owned no Florida property	The county where any debtor of the decedent resides	§ 733.101(1)(c)

If a case is filed in the wrong county, it is not automatically thrown out. Under § 733.101(3), the court “may transfer the action in the same manner as provided in the Florida Rules of Civil Procedure,” and “[a]ny action taken by the court or the parties before the transfer is not affected by the improper venue.”

Is Venue Something You Can Lose by Waiting?

Yes. In Florida probate, venue is waivable — it is not jurisdictional. The circuit court has subject-matter jurisdiction over probate cases as a class; domicile is treated as a component of venue, not of jurisdiction. Pastor v. Pastor, 929 So. 2d 576 (Fla. 4th DCA 2006).

That matters because of the clock. An interested person served with a notice of administration has three months to object to venue, and after that the objection is “forever barred” under Fla. Stat. § 733.212(3). Treating domicile as jurisdictional would make that provision meaningless.

The Five Ways an Estate Moves Through Florida Probate Court

“Probate” is not one procedure. There are five types of probate in Florida, and which one applies changes the cost, the timeline, and whether anyone is appointed to run the estate at all.

Procedure	When it applies	Is a personal representative appointed?	Authority
Formal administration	The default. Any estate that does not qualify for something shorter	Yes — letters of administration issue	Fla. Stat. ch. 733
Summary administration	Estate subject to administration, less exempt property, does not exceed $150,000 — or the decedent has been dead more than 2 years (no dollar limit)	No — the court enters an order of distribution instead	§ 735.201
Disposition without administration	Only personal property, and only up to funeral expenses plus last-illness medical bills. No dollar figure in the statute	No — an informal application, not a petition	§ 735.301; Fla. Prob. R. 5.420
Small-estate intestate procedure	No will, decedent dead more than 1 year, $20,000 or less in nonexempt personal property	No	§ 735.304; Fla. Prob. R. 5.425
Nonresident short form	Testate nonresident decedent, Florida property with gross value of $50,000 or less, filed within 2 years of death	Not unless a claim is filed	§ 734.1025

When Is Probate Required in Florida?

Probate is required when the decedent owned assets in their individual name alone, with no surviving joint owner, no named beneficiary, and no trust holding title. If there is nothing in that category, there may be nothing to probate.

Probate is generally not required for property held in a funded revocable trust, accounts with a valid payable-on-death or beneficiary designation, life insurance and retirement accounts with a living named beneficiary, property held with a valid right of survivorship or as tenants by the entirety, and protected homestead passing to a spouse or heirs.

What Happens in Florida Probate When There Is No Will?

The estate is intestate. Probate without a will in Florida still goes through the same process — the process does not change, only the destination does. Instead of following a will, the assets pass under Florida’s intestate succession statutes in Chapter 732, and the court appoints a personal representative following the order of preference in Fla. Stat. § 733.301(1)(b): the surviving spouse first, then the person selected by a majority in interest of the heirs, then the heir nearest in degree.

Note also that the summary administration route in § 735.201 is available in an intestate estate, and that Florida’s small-estate procedure under § 735.304 applies only to intestate estates.

Formal Administration

Formal administration is the full process under Chapter 733. A verified petition for administration opens the case under Fla. Prob. R. 5.200. If there is a will, the original must be deposited with the clerk. The court appoints a personal representative, who takes an oath and designates a resident agent, and then letters of administration issue. The personal representative inventories the estate, notifies creditors, pays valid claims, and eventually files a final accounting and petition for discharge.

This is the track that gives creditors a formal claims bar, and the only one that produces someone with standing to sign for the estate.

Summary Administration and the New $150,000 Limit

The summary administration threshold changed on July 1, 2026. It was $75,000 for years. It is now $150,000, raised by Chapter 2026-57, § 7, Laws of Florida — the enacted form of HB 1337. The Florida Supreme Court conformed Fla. Prob. R. 5.530(a)(7) to the same figure effective July 16, 2026.

If you are reading an article that still says $75,000, it is out of date. Many still do.

Fla. Stat. § 735.201 now provides that summary administration may be had when:

(2) That the value of the entire estate subject to administration in this state, less the value of property exempt from the claims of creditors, does not exceed $150,000 or that the decedent has been dead for more than 2 years.

Three things about that sentence do a great deal of work:

• It is a two-step calculation, not a gross-estate test. You start with the estate subject to administration in this state — which already excludes non-probate assets — and then subtract property exempt from the claims of creditors. Protected homestead and exempt property under § 732.402 come out. Estates that look far too large at first glance often qualify.
• The two-year route has no dollar limit whatsoever. If the decedent has been dead more than two years, summary administration is available regardless of size. This is a genuinely underused provision.
• No personal representative is appointed. Instead the court enters an order distributing the assets and naming who takes each one.

The tradeoff is that the people who receive the assets are personally liable for lawful claims, pro rata, up to the value each received — and under § 735.206 the petitioner must make “a diligent search and reasonable inquiry for any known or reasonably ascertainable creditors” and provide for payment. Summary administration is faster and cheaper. It is not consequence-free.

Disposition Without Administration

This is the smallest procedure Florida has, and the most misunderstood. Fla. Stat. § 735.301 contains no dollar figure at all. The ceiling is a formula.

It applies to an estate leaving only:

• personal property exempt under § 732.402,
• personal property exempt from creditors’ claims under the Florida Constitution, and
• nonexempt personal property “the value of which does not exceed the sum of the amount of preferred funeral expenses and reasonable and necessary medical and hospital expenses of the last 60 days of the last illness.”

It reaches personal property only — never real estate. And there is no petition and no personal representative: an interested party makes an “informal application by affidavit, letter, or otherwise,” and if satisfied, the court authorizes transfer of the property “by letter or other writing under the seal of the court.”

Florida’s Small-Estate Procedure

People often read that “Florida has no small estate affidavit.” That is not quite right — Florida has no general small estate affidavit, but § 735.304 is one for intestate estates. It requires that the decedent died without a will, has been dead more than one year, and left no more than $20,000 in nonexempt personal property. That figure was raised from $10,000 by Chapter 2026-57, § 10, and Fla. Prob. R. 5.425 was conformed effective July 16, 2026.

The Nonresident Short Form

Under Fla. Stat. § 734.1025, when a nonresident decedent dies testate leaving Florida property with a gross value of $50,000 or less at the date of death, the foreign personal representative may file an authenticated transcript of the foreign proceedings within two years of death, and the Florida court will admit the will. If any creditor claim is filed, a personal representative must then be appointed.

Note that this $50,000 figure was not raised in 2026 — so it has now diverged from the summary administration limit.

Ancillary Probate in Florida

When someone who lived in another state or country dies owning Florida property, their home state’s court has no power over it. A second, secondary proceeding has to be opened here. That is ancillary administration, governed by Fla. Stat. § 734.102.

Section 734.102(1) is triggered when a nonresident dies leaving assets in this state, credits due from residents in this state, or liens on property in this state. In practice the overwhelmingly common trigger is Florida real estate held in the decedent’s own name — a condominium, a vacation home, a rental property. It applies whether the decedent died with a will or without one.

Whether an estate is domiciliary or ancillary turns on where the decedent was domiciled at death, and that is a question of fact that can itself be litigated. In de Oliveira v. de Oliveira, 435 So. 3d 170 (Fla. 3d DCA 2026), the court affirmed the denial of a motion to convert a domiciliary proceeding to an ancillary one, where the evidence supported a finding that the decedent remained domiciled in Florida.

Who Serves as Ancillary Personal Representative

Section 734.102(1) sets its own order, and it surprises families who assume the person already running the estate back home simply carries over:

1. A personal representative specifically designated in the will to administer the Florida property, if qualified to act in Florida
2. Otherwise, the foreign personal representative of the estate, if qualified to act in Florida
3. If the foreign personal representative is not qualified, a qualified alternate or successor named in the will
4. Failing that, a personal representative selected by those entitled to a majority interest of the Florida property, if that person is qualified
5. In an intestate estate where the foreign personal representative is not qualified, the ordinary order of preference under § 733.301 applies

Every rung carries the same condition — “if qualified to act in Florida.” That means the nonresident restrictions in § 733.304 apply here in full, and Florida courts construe them strictly. In In re Estate of Angeleri, 575 So. 2d 794 (Fla. 4th DCA 1991), the court held that “nephew” in § 733.304 means a blood relative of the decedent — it did not reach the nephew of the decedent’s former spouse.

The practical consequence for out-of-state families is significant: if the domiciliary personal representative is a corporate fiduciary without Florida fiduciary powers, a friend, or a more distant relative, that person cannot serve as ancillary personal representative in Florida and a qualified substitute has to be found. If you are having a will drafted anywhere and you own Florida property, this is worth naming around in advance.

How the Proceeding Works

Section 734.102(2) provides simply that “[a]ncillary administration shall be commenced as provided by the Florida Probate Rules.” Fla. Prob. R. 5.470(a) requires a verified petition containing what Rule 5.200 requires, plus an authenticated copy of the domiciliary proceedings — for a testate estate, enough to show the will, the petition for probate, the order admitting the will, and the foreign representative’s authority; for an intestate estate, the petition for administration and that authority. Under Rule 5.470(b), formal notice must be given before ancillary letters issue to anyone with equal or greater preference who has not waived it, and to any domiciliary personal representative who has not waived notice or joined the petition.

Venue is the county where the property is located, under § 733.101(1)(b). Bond is required as it is of personal representatives generally, under § 734.102(4) — and note that some circuits require it as a matter of local policy for every nonresident. Beyond that, § 734.102(4) directs that “[a]ll proceedings for appointment and administration of the estate shall be as similar to those in original administrations as possible.”

That similarity is not cosmetic. Under § 734.102(5), unless creditors’ claims are already barred by § 733.710, the ancillary personal representative must cause a notice to creditors to be served and published under Chapter 733 — the creditor process runs essentially as it does in an original Florida administration. And under § 734.102(6), expenses of administration and claims against the estate must be paid before the court orders the remaining property transferred to the foreign personal representative or distributed to the beneficiaries.

That sequencing has teeth. In Lehman v. Lucom, 78 So. 3d 592 (Fla. 4th DCA 2011), an ancillary personal representative who used ancillary estate funds to finance litigation abroad over the domiciliary estate was held to have breached his fiduciary duty and could be surcharged — because the ancillary estate was required to pay expenses and claims first.

Section 734.102(7) gives the ancillary personal representative the same rights, powers and authority as any other Florida personal representative — to manage and settle the estate, and to sell, lease or mortgage local property — with one express limit: no property may be sold, leased or mortgaged to pay a debt or claim that is already barred by a Florida statute of limitation or nonclaim.

The Shorter Route, and Avoiding Ancillary Probate Altogether

Where the Florida estate is small and there is a will, § 734.1025 offers a genuine shortcut. All three conditions must be met: the nonresident decedent died testate; the gross value of the Florida property subject to administration does not exceed $50,000 at the date of death — gross, not net of liens; and the foreign personal representative files before two years after the death. The filing is an authenticated transcript of the foreign proceedings, and Fla. Prob. R. 5.475 supplies the mechanics. No ancillary personal representative is appointed at all unless a creditor claim is filed.

Note that the $50,000 figure has not moved since 2003, so it now sits well below the $150,000 summary administration threshold. For some nonresident estates that miss the short form, summary administration under § 735.201 may be the better path — it is available to resident and nonresident estates alike.

The most reliable answer is to avoid the second proceeding entirely, and that has to be done during life: transferring the Florida property into a properly funded revocable trust, or titling it so that it passes by survivorship. Once the owner has died, those options are gone and ancillary administration is the route.

What Happens in Florida Probate Court, Step by Step

Every case is different, but the Florida probate process follows the same spine in a formal administration. Here is the probate process in Florida step by step, with the authority and the clock attached to each stage.

#	Step	Deadline or timing	Authority
1	The original will is deposited with the clerk	10 days after the custodian learns of the death	§ 732.901
2	A verified petition for administration is filed	No deadline — see below	Fla. Prob. R. 5.200
3	The will is admitted to probate	—	§ 733.103
4	The personal representative is appointed, takes an oath, designates a resident agent, and posts bond if required	—	Fla. Prob. R. 5.235, 5.320, 5.110
5	Letters of administration issue	—	Fla. Prob. R. 5.235(b)
6	Notice of administration is served on the spouse, beneficiaries and others	Recipients have 3 months to object	§ 733.212; Fla. Prob. R. 5.240
7	Notice to creditors is published once a week for two consecutive weeks, and served on reasonably ascertainable creditors	Claims due the later of 3 months after first publication or 30 days after service	§§ 733.2121, 733.702
8	Inventory is filed	60 days after letters issue	Fla. Prob. R. 5.340(a)
9	Claims are paid, objected to, or resolved	—	ch. 733, pt. VII
10	Final accounting and petition for discharge with a plan of distribution	12 months after letters issue — extendable for cause	Fla. Prob. R. 5.400
11	Interested persons may object	30 days; objections abandoned if no hearing noticed within 90 days	Fla. Prob. R. 5.401
12	Assets are distributed and the personal representative is discharged	—	§ 733.901

Is There a Deadline to Open Probate in Florida?

No. Florida imposes no calendar deadline by which probate must be commenced after a death, and no statutory cap on how long an administration may last. The 12-month figure in Rule 5.400(c) is a closing target that the court may extend “for cause shown.”

The real backstop is different. Under Fla. Stat. § 733.710, two years after death “neither the decedent’s estate, the personal representative, if any, nor the beneficiaries shall be liable for any claim or cause of action against the decedent” — and that runs whether or not letters of administration have been issued. Claims against the decedent expire on their own schedule regardless of whether anyone opened a case.

Waiting is still usually a bad idea — assets deteriorate, records disappear, and after two years the estate loses summary administration’s speed advantage in the other direction — but the law does not force your hand with a filing deadline. And under § 733.208, a later-discovered will can be offered at any time until the estate has been completely administered and the personal representative discharged.

What Happens If You Don’t File Probate in Florida?

Nothing happens immediately — and that is exactly the problem. Florida will not send you a notice or impose a penalty for failing to open an estate. What happens instead is slower and harder to undo.

• The assets stay frozen. With no personal representative, nobody has authority to sign. The bank will not release the account, the house cannot be sold or refinanced, and the title stays in a dead person’s name.
• Title problems compound. Every year that passes adds heirs — a beneficiary dies and their own estate now has an interest — and a title that could have been cleared in one proceeding may take several.
• The two-year bar arrives anyway. Under Fla. Stat. § 733.710, claims against the decedent are barred two years after death “whether or not letters of administration have been issued.” That cuts both ways: creditors lose their claims, but so does the estate lose the structure for resolving them cleanly.
• The will still has to be deposited. Section 732.901 requires the custodian of a will to deposit it with the clerk within 10 days of learning of the death, whether or not anyone opens a probate. A custodian who fails to do so without just or reasonable cause can be liable for costs, damages and attorney’s fees.

The one piece of good news: because there is no filing deadline, an estate can be opened years later. Under § 733.208, a later-discovered will can be offered at any time until the estate has been completely administered and the personal representative discharged.

Who Can Serve as Personal Representative in Florida?

The personal representative is the person the court gives authority to act for the estate. If you are looking for the word executor, this is it — Florida does not use that term. Section 731.201(28) folds both “executor” and “administrator” into the single title personal representative, whether or not there is a will.

So a will drafted in another state that names an “executor” still works in Florida; the person named is simply appointed as personal representative instead. Everything below about qualification, priority and bond applies to the Florida executor under that name.

Who Qualifies

Fla. Stat. § 733.302: any person who is sui juris and is a resident of Florida at the time of the decedent’s death is qualified.

Fla. Stat. § 733.303 disqualifies a person who:

• Has been convicted of a felony
• Has been convicted in any state or foreign jurisdiction of abuse, neglect, or exploitation of an elderly person or a disabled adult, as defined in § 825.101
• Is mentally or physically unable to perform the duties
• Is under the age of 18

Can Someone Who Lives Out of State Serve?

Only if they are family. This is Florida’s most surprising rule, and it derails a lot of wills drafted in other states.

Fla. Stat. § 733.304 provides that a person not domiciled in Florida cannot qualify unless the person is:

Category	Examples
A legally adopted child or adoptive parent of the decedent	Adopted son or daughter; adoptive mother or father
Related by lineal consanguinity to the decedent	Child, grandchild, parent, grandparent — any blood ancestor or descendant
A spouse, brother, sister, uncle, aunt, nephew or niece of the decedent — or someone related by lineal consanguinity to any of those people	Surviving spouse; sibling; aunt; a nephew’s child
The spouse of a person otherwise qualified under the section	A daughter’s husband

A nonresident who is not a relative cannot serve — not a best friend, not a business partner, not a trusted accountant in another state. If a will names one, the court will grant letters to the next person entitled under § 733.301.

Corporate fiduciaries are governed separately by § 733.305: Florida-incorporated trust companies, and state or national banks and savings associations authorized and qualified to exercise fiduciary powers in Florida, may serve. An out-of-state bank without Florida fiduciary powers cannot.

Who Gets Priority

Fla. Stat. § 733.301 sets the order:

	If there is a will (testate)	If there is no will (intestate)
1st	The personal representative nominated by the will, or a successor named in it	The surviving spouse
2nd	The person selected by a majority in interest of those entitled to the estate	The person selected by a majority in interest of the heirs
3rd	A devisee under the will — if more than one applies, the court may select the one best qualified	The heir nearest in degree — if more than one applies, the court may select the one best qualified

If nobody in those categories applies, the court appoints “a capable person,” though not anyone who works for or holds office under the court.

Letters of Administration — and Why Florida Has No “Letters Testamentary”

Banks, title companies and brokerages all ask for the same thing: proof that you have authority. In Florida that document is called letters of administration.

People frequently ask for “letters testamentary” instead, because that is the term in most other states and in a lot of older paperwork. Florida does not use it. Fla. Stat. § 731.201(24) settles it:

“Letters” means authority granted by the court to the personal representative to act on behalf of the estate of the decedent and refers to what has been known as letters testamentary and letters of administration. All letters shall be designated “letters of administration.”

Florida deliberately collapsed the old testate/intestate distinction. Whether or not there is a will, the document issued is letters of administration, and the person holding it is a personal representative.

This creates one apparent contradiction worth clearing up: both § 26.012(2)(b) and Article V, § 20(c)(3) of the Constitution refer to “the granting of letters testamentary.” That is the historical umbrella phrase describing the category of jurisdiction the circuit courts exercise — not an instruction about what the document is called. The Probate Code supplies the modern working term.

Letters issue only after the court appoints the qualified person, sets any bond, and the oath and resident agent designation are filed. Under Fla. Prob. R. 5.235(b), “[u]pon compliance with all of the foregoing, letters shall be issued to the personal representative.”

Does the Personal Representative Have to Post a Bond?

By default, yes. Under Fla. Stat. § 733.402(1), “[u]nless the bond requirement has been waived by the will or by the court, every fiduciary to whom letters are granted shall execute and file a bond with surety.” Banks and trust companies authorized to act as personal representative are exempt.

The amount is set by the judge. Under § 733.403, the bond is in “the penal sum that the court deems sufficient after consideration of the gross value of the estate, the relationship of the personal representative to the beneficiaries, exempt property and any family allowance, the type and nature of assets, known creditors, and liens and encumbrances on the assets.”

A will that waives bond does not bind the court. This surprises people. Section 733.402(4) and Fla. Prob. R. 5.235(c) both provide that on petition by any interested person or on the court’s own motion, the court may waive bond, require bond, increase or decrease it, or require additional surety. As one Florida appellate court put it, the trial court “could have appointed the personal representative and then required him to post a bond pursuant to Section 733.402 . . . even though the testator specifically waived that requirement.” In re Estate of Miller, 568 So. 2d 487 (Fla. 4th DCA 1990).

In practice a testamentary waiver usually controls. But if beneficiaries are worried — a nonresident personal representative, a contentious family, a large liquid estate — a petition asking the court to require bond is available.

Why Would I Get a Letter From the Probate Court?

If an envelope from a probate court arrived and you do not know why, you are almost certainly one of three things: an interested person in an estate, a beneficiary or heir, or a creditor. Somebody is required by law to tell you what is happening. Every one of those documents starts a clock, and two of them can permanently cost you rights if you ignore them.

What arrived	What it is	What you have to do, and by when
Formal notice of a petition Fla. Prob. R. 5.040	A summons-like notice with the petition attached — used when the court needs authority over you personally, or when the relief requested is contested or dispositive	Serve written defenses within 20 days after service, not counting the day of service, and file the original with the clerk. If you do nothing, the court may consider the matter ex parte as to you and grant the relief requested
Notice of Administration Fla. Stat. § 733.212; Fla. Prob. R. 5.240	Notice that an estate is being administered — served on the surviving spouse, beneficiaries, certain trustees, and those who may claim exempt property	Object within 3 months of service to the validity of the will, the venue, or the jurisdiction of the court, “or those objections are forever barred”
Notice to Creditors Fla. Stat. § 733.2121; Fla. Prob. R. 5.241	Published and served notice telling creditors to come forward	File your claim by the later of 3 months after first publication or 30 days after service on you, or the claim is not binding on the estate

Formal Notice vs. Informal Notice

Florida probate has two kinds of notice and they do very different work.

Formal notice under Fla. Prob. R. 5.040 is the serious one. It requires the person served to serve written defenses within 20 days and warns that failure “may result in a judgment or order for the relief demanded in the pleading or motion, without further notice.” One detail worth knowing: unlike ordinary service by mail, formal notice carries no extra days for mailing. Twenty days means twenty days.

Informal notice under Rule 5.041 requires no written response at all. It is simply service on interested persons, and it is the default — Rule 5.040 provides that “notice” means informal notice unless formal notice is specified.

What Happens If You Ignore It?

Not what most people fear, but not good either. Failing to respond to formal notice does not produce a default money judgment against you. What Rule 5.040(b) says is that if no written defense is served within 20 days, “the pleading or motion may be considered ex parte as to that person, unless the court orders otherwise.”

In plain terms: the case moves forward without you, and the judge can grant what was asked for without hearing your side. If the petition was to admit a will you would have contested, or to appoint someone you would have objected to, that decision gets made in your absence — and the three-month bar under § 733.212 may close the door for good.

If you have received any of these documents, the sensible step is to find out what is being asked for before the clock runs. Call us at (305) 224-6811 — a short call will tell you what you were served with and how long you have.

The Florida Probate Deadlines That Matter Most

A handful of clocks do most of the damage when they are missed:

Deadline	Clock	Runs from	Authority
Serve written defenses to formal notice	20 days	Service, excluding the day of service	Fla. Prob. R. 5.040
File the inventory	60 days	Issuance of letters	Fla. Prob. R. 5.340(a)
Object to the will’s validity, venue or jurisdiction	3 months	Service of the notice of administration	§ 733.212(3)
Creditor claims	Later of 3 months or 30 days	First publication, or service on the creditor	§ 733.702(1)
Absolute bar on claims against the decedent	2 years	Date of death — whether or not letters ever issued	§ 733.710

The last row deserves emphasis. The three-month and thirty-day periods only run if notice was given. The two-year bar runs no matter what. Section 733.702(1) opens with “[i]f not barred by s. 733.710,” and § 733.702(5) provides that nothing in that section extends the two-year period. A creditor who never received notice — whose three-month clock therefore never started — is still barred two years after the death.

For the complete calendar, including exempt property, elective share, homestead election and every filing deadline in a Florida administration, see our full guide: Florida Probate Rules and Deadlines.

What to Expect at a Florida Probate Hearing

Most people are surprised by how little courtroom there is in probate. An uncontested Florida administration frequently involves no hearing at all — the petition, the oath, the notices and the orders move through the clerk and the judge on paper, and the family never appears.

Hearings happen when something needs to be decided: a contested appointment, an objection to a will, a disputed creditor claim, an objection to fees or the final accounting, or a petition that requires testimony. Many Florida circuits permit remote appearance for routine matters, so even a hearing often does not mean a trip to the courthouse.

Do You Have to Go to Probate Court in Person?

Usually not, and if you are represented, your attorney appears for you on most matters. Whether you personally need to attend depends on the county, whether the matter is contested, and whether you are being asked to testify. If you have been served with formal notice and a hearing has been set, ask before assuming you can skip it — Fla. Prob. R. 5.040(b) allows the court to proceed ex parte as to anyone who does not respond.

What to Bring to Probate Court

For a probate hearing: photo identification, your copy of the papers you were served with, and any document the notice specifically asked for. If you are the proposed personal representative, bring the original will if it has not already been deposited, and the death certificate. Your attorney will tell you what the judge will actually want to see — it is usually less than people expect.

What to Wear to Probate Court

Business or business-casual attire. A probate division courtroom is a working courtroom with the same expectations as any other: no hats, no shorts, no beachwear. Nothing more formal than that is required.

How Much Does Florida Probate Court Cost?

How much does probate cost in Florida? Three separate things get paid: the clerk, the attorney, and the personal representative. Only the first is fixed.

Court Filing Fees by County

County	Formal administration	Summary administration (estate of $1,000 or more)
Miami-Dade	$401	$346
Broward	$401	$346
Palm Beach	$401	$346
Orange	$400	$345

These are the clerk’s filing fees only. Publication of the notice to creditors, certified copies, recording fees and any bond premium are separate.

Attorney’s Fees — and Why “Statutory Fee” Is the Wrong Phrase

Florida probate attorney fees for ordinary services are not left entirely to the market. Fla. Stat. § 733.6171(3) sets out a schedule for ordinary services in a formal administration that is presumed to be reasonable, computed on the compensable value of the estate:

Compensable value of the estate	Presumed reasonable fee
$40,000 or less	$1,500
More than $40,000, not exceeding $70,000	an additional $750
More than $70,000, not exceeding $100,000	an additional $750
Over $100,000	3% of the next $900,000
Above $1 million to $3 million	2.5%
Above $3 million to $5 million	2%
Above $5 million to $10 million	1.5%
Above $10 million	1%

Notice that the percentage falls as the estate grows. Articles that describe Florida probate fees as “3% to 5%” are wrong at both ends.

More importantly: this is not a mandatory fee schedule, and as of July 1, 2026 your attorney has to tell you so in writing. Chapter 2026-57, § 6 added mandatory disclosures at § 733.6171(2)(b). An attorney who intends to charge on the schedule must disclose in writing that there is no mandatory statutory attorney fee for estate administration, that the fee is negotiable and need not be based on the size of the estate, that the personal representative may select any attorney and need not use the one who drafted the will, and that the personal representative is entitled to a summary of the services performed. The personal representative signs an acknowledgment. Under § 733.6171(2)(d), an attorney who does not make those disclosures may not be paid without prior court approval or the consent of all interested parties.

Fees for extraordinary services — will contests and adversarial proceedings, tax matters, preparing a federal estate tax return, real property transactions, homestead matters — are separate, under § 733.6171(4).

Who Pays the Probate Attorney’s Fees in Florida?

The estate does, not the personal representative personally. The attorney is retained to represent the personal representative in the administration, and the compensation is paid from estate assets before the beneficiaries receive their shares. In practical terms, the fee reduces what the beneficiaries inherit rather than coming out of anyone’s pocket up front.

That is why Florida gives interested persons a say. Fees are subject to court review under Fla. Stat. § 733.6175, and any interested person may object to the compensation paid or proposed to be paid. Objections to fees in the final accounting must be filed within 30 days of service under Fla. Prob. R. 5.401(c).

Litigation is different. Where a party brings or defends a proceeding in bad faith, or where a personal representative’s own conduct is at issue, the court has authority to shift fees or surcharge the fiduciary personally rather than charging the estate.

What the Personal Representative Is Paid

Fla. Stat. § 733.617(2) sets a separate commission, also presumed reasonable:

Compensable value of the estate	Presumed reasonable commission
First $1 million	3%
Above $1 million to $5 million	2.5%
Above $5 million to $10 million	2%
Above $10 million	1.5%

A family member serving as personal representative often waives this. Extraordinary services are handled under § 733.617(3).

How Long Does Florida Probate Court Take?

Florida sets no outer limit on how long an administration may run. Fla. Prob. R. 5.400(c) directs the personal representative to file the final accounting and petition for discharge within 12 months after letters issue — or 12 months from the due date of a federal estate tax return, if one is required — but that period may be extended “by the court for cause shown.” It is a target, not a cap.

What actually drives the timeline is the creditor period. The estate cannot safely distribute until the three-month claims window has closed and any claims have been resolved. That alone puts a floor of several months on a formal administration. A summary administration, which has no personal representative and no mandatory claims bar, moves considerably faster.

Disputes are what turn months into years — a will contest, a fight over who serves as personal representative, a disputed creditor claim, or an asset that has to be recovered before it can be distributed.

Do You Need a Lawyer for Probate Court in Florida?

In almost every case, yes — and it is a rule, not a recommendation. A Florida probate attorney is required by the Florida Probate Rules in most administrations, not merely advisable.

Fla. Prob. R. 5.030(a) provides that every guardian and every personal representative, unless the personal representative remains the sole interested person, must be represented by an attorney admitted to practice in Florida. A personal representative who is himself or herself a Florida-admitted attorney may appear on their own behalf.

So you can only file probate without an attorney in two situations: they are the only interested person in the estate, or they are a member of The Florida Bar. That is the whole exception.

Summary administration and disposition without administration sit outside the rule for a different reason — no personal representative is appointed in either one, so the rule’s requirement never attaches by its terms. That is not permission to treat them as simple.

The Risk of Handling It Yourself

We are frequently asked to fix a probate that someone started alone. The recurring problems are not paperwork errors — they are consequences that cannot be undone:

• The wrong track was chosen. Filing a summary administration on an estate that needed formal administration leaves assets stranded, because there is no personal representative to sign for them.
• Creditor notice was mishandled. Section 733.2121 requires a diligent search for reasonably ascertainable creditors and service on them. Skipping it does not make the debts disappear — in a summary administration, it exposes the people who received the assets to personal liability under § 735.206.
• A deadline was missed. Exempt property must be claimed within four months. The elective share election has its own clock. Objections to the will die at three months. None of these are extendable as of right.
• Homestead was treated as an ordinary asset. Florida homestead has its own descent rules and its own devise restrictions, and getting it wrong can cloud the title for years.
• The personal representative took on personal liability. A personal representative is a fiduciary. Distributing before the claims period closes, or to the wrong people, is a personal exposure — not the estate’s.

Probate is one of those areas where the mistakes surface long after the case is closed, usually when someone tries to sell the property. If you are weighing whether to hire a probate lawyer, a short call costs nothing: (305) 224-6811.

Are Probate Court Records Public in Florida?

Mostly yes, with two significant exceptions.

Fla. R. Gen. Prac. & Jud. Admin. 2.420(a) states the default: “The public has access to all records of the judicial branch of government, except as provided below.” A Florida probate file — the petition, the will once admitted, the orders, the notices — is a public record, searchable through the clerk of the circuit court in the county where the case was filed.

Two categories are automatically confidential, and the clerk designates them without anyone having to ask:

• Estate inventories and accountings. Under Fla. Stat. § 733.604(1), any inventory — initial, amended or supplementary — and any accounting — interim, final, amended or supplementary — “is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution.” So the document listing what the estate actually owns is not public.
• Guardianship reports and court monitor orders, under §§ 744.1076, 744.3025 and 744.3701.

How to Search Florida Probate Records by Name

Each Florida county clerk maintains its own online records search, and probate cases are indexed by the decedent’s name as well as by case number. Start with the clerk of the circuit court in the county where the decedent was domiciled — that is where the case had to be filed under § 733.101(1). If the decedent lived out of state, search the county where their Florida property is located. There is no statewide probate index, so if you do not know the county you may have to check more than one.

Those confidential inventories and accountings are still available to the personal representative, the attorney, and — importantly — an interested person as defined in § 731.201. Beneficiaries are not locked out of the numbers. Anyone else needs a court order on a showing of good cause, or a written motion under Rule 2.420(j).

How a Florida Probate Case Is Actually Opened

A formal administration begins with a verified petition for administration under Fla. Prob. R. 5.200, which must state the petitioner’s interest, the decedent’s identity, date and place of death and domicile, the surviving spouse and beneficiaries, venue, and the proposed personal representative’s priority and qualification — including the statements about felony and elder-abuse convictions, capacity, age and residency.

Filed with or alongside it: the original will, the prospective personal representative’s oath under Rule 5.320, and the address designation and designation and acceptance of a resident agent under Rule 5.110. If letters would issue to someone not entitled to preference, formal notice of the petition must be served first under Rule 5.201.

Court filings in Florida are made electronically through the Florida Courts E-Filing Portal. There is one important exception, and people get caught by it: the original paper will is not e-filed. Fla. Prob. R. 5.043 requires that “any original executed will or codicil . . . deposited with the court must be retained by the clerk in its original form.” The physical document goes to the clerk. Section 732.901 requires the custodian to deposit it within 10 days of learning of the death, and provides that an original will submitted with a pleading is deemed deposited. A statutory electronic will is different — under § 732.526, an electronic will filed through the Portal is deemed deposited as an original.

When the Court Appoints Someone Temporarily

Two appointments exist for situations where a personal representative cannot yet act, or cannot act at all.

A curator under Fla. Stat. § 733.501 is a temporary custodian of the estate, appointed before or around the appointment of a personal representative. Where “there is significant danger that any of the decedent’s property is likely to be wasted, destroyed, or removed beyond the jurisdiction of the court,” the court may appoint a curator without notice. Under Fla. Prob. R. 5.122 the court issues letters of curatorship entitling the curator to possess or control the property — enforceable through contempt proceedings — and the curator must file an inventory within 30 days and deliver all assets to the personal representative within 30 days after letters of administration issue.

An administrator ad litem under § 733.308 is narrower. It represents the estate in one particular proceeding, without bond and without notice, when there is no personal representative, or the personal representative “is or may be interested adversely to the estate,” or is enforcing his or her own claim.

Can Florida Probate Court Be Avoided?

Often, yes — but the planning almost always has to happen while the owner is alive. Once someone has died, the options narrow sharply to the shorter administration tracks described above.

Living Trusts

A properly drafted and funded revocable living trust holds title, so there is nothing in the decedent’s individual name for probate to transfer. The key word is funded — a trust that was signed but never had assets retitled into it accomplishes very little.

Related guide: Living Trust in Florida

Lady Bird Deeds

An enhanced life estate deed lets Florida real estate pass outside probate while the owner keeps full control during life, including the right to sell or mortgage without the remainder beneficiaries’ consent. It suits some homeowners and not others.

Related guides: Lady Bird Deed in Florida · Lady Bird Deed vs. Living Trust

Joint Ownership and Rights of Survivorship

Jointly held property can pass directly to the surviving owner — but Florida does not presume survivorship. Under § 689.15, survivorship “shall not prevail in this state” except for estates by the entirety, unless the instrument expressly provides for it. The wording on the deed or account matters enormously.

Related guide: Florida Right of Survivorship

Beneficiary Designations

Life insurance, retirement accounts, annuities and payable-on-death accounts pass to the named beneficiary outside probate. They also fail loudly — an outdated designation, a predeceased beneficiary, or an estate named as beneficiary drops the asset straight back into probate.

Related guide: Beneficiary Designations in Florida Estate Planning

Is Homestead Property Exempt From Probate in Florida?

Protected homestead is not an asset of the probate estate at all, and it does not count toward the summary administration threshold. Certain personal property is likewise exempt under § 732.402 — but that exemption is waived unless a petition to determine exempt property is filed by the later of four months after service of the notice of administration or 40 days after a will proceeding ends.

Related guide: Florida Non-Probate Assets vs. Estate Assets

The short answer is that protected homestead is not an asset of the probate estate. It passes under Article X, § 4 of the Florida Constitution and Fla. Stat. § 732.401 rather than being administered and distributed like other property, it is not reachable by most creditors of the estate, and it does not count toward the $150,000 summary administration threshold. Under § 733.607(1) it is even excepted from the personal representative’s right to take possession of estate property.

That does not mean the court is uninvolved. An interested person normally files a petition to determine protected homestead status under Fla. Prob. R. 5.405, and the resulting order is what a title company will want to see. And the devise restrictions in § 732.4015 are strict: homestead may not be devised at all if the owner is survived by a spouse or a minor child, except that it may be devised to the spouse if there is no minor child.

When Florida Probate Court Becomes Probate Litigation

Most probate cases are administrative. A minority are not, and those follow a different set of rules, with strict deadlines and formal notice requirements. The common flashpoints:

• Will contests — lack of capacity, undue influence, improper execution, fraud or revocation. Note that under § 733.103(2), once a will is admitted, in a collateral proceeding the probate is conclusive of due execution, a competent testator, freedom from fraud, duress, mistake and undue influence, and that the will was unrevoked at death. The time to challenge is inside the case, on the clock.
• Fights over who serves as personal representative, including removal petitions
• Breach of fiduciary duty by a personal representative
• Disputed creditor claims and objections to claims
• Accounting and fee objections under Fla. Prob. R. 5.401
• Homestead and elective share disputes
• Trust disputes connected to the estate

Related guides: Contesting a Will in Florida · Florida Probate Litigation

Florida Probate Courts by County

Probate is filed with the clerk of the circuit court in the county where the deceased person was domiciled. Florida’s 67 counties are grouped into 20 judicial circuits, and each circuit’s chief judge organizes its probate division by administrative order — so local practice, division names and hearing procedures vary.

County guides: Broward County Probate Court · Orange County Probate Court

We at Lorenzo Law handle probate matters throughout Florida, with offices in Coral Gables and Fort Lauderdale and active matters in Miami-Dade, Broward, Palm Beach, Orange, Pinellas and other counties.

Frequently Asked Questions About Florida Probate Court

How does probate court work in Florida?

A petition is filed with the clerk of the circuit court in the decedent’s county. If there is a will, the court admits it. A personal representative is appointed and letters of administration issue. The personal representative inventories the assets within 60 days, serves the notice of administration and notice to creditors, pays or objects to claims, then distributes the property and petitions for discharge. Smaller estates may qualify for summary administration, which skips the personal representative entirely.

What is ancillary probate in Florida?

A secondary Florida proceeding opened when a nonresident dies leaving assets in Florida, credits due from Florida residents, or liens on Florida property — most often real estate held in their own name. It is governed by Fla. Stat. § 734.102 and filed in any county where the property is located. It applies to testate and intestate estates alike. Where the decedent died with a will and the Florida property has a gross value of $50,000 or less, the shorter procedure in § 734.1025 may be available if filed within two years of death.

Can the executor from another state serve as personal representative in Florida?

Only if they are qualified under Fla. Stat. § 733.304 — which, for a nonresident, means a close family member of the decedent by blood, marriage or adoption. Section 734.102(1) conditions every rung of its appointment ladder on being “qualified to act in Florida,” and Florida courts read § 733.304 strictly. A corporate fiduciary without Florida fiduciary powers, a friend, or a distant relative cannot serve, and a qualified substitute has to be found.

Do I need to go to court for probate in Florida?

Often not. An uncontested Florida administration frequently involves no hearing at all — the filings, notices and orders move through the clerk and the judge on paper. Hearings arise when something is contested, and many circuits allow remote appearance for routine matters.

What is probate court in Florida?

It is the probate division of the circuit court — the court that proves wills, appoints personal representatives, supervises creditor claims and orders estate property distributed. Florida has no separate probate court; probate jurisdiction sits in the circuit court under Fla. Stat. § 26.012(2)(b).

Is probate court state or federal?

State. A federal court cannot probate a will, administer an estate, or dispose of property in the custody of a state probate court. Federal courts can hear some related lawsuits — such as tortious interference with an expected inheritance — where there is an independent basis for federal jurisdiction.

What is the purpose of probate court?

To move property from someone who has died to the people legally entitled to it, under court supervision, while giving creditors a defined window to come forward. It exists because a bank, a title company or a buyer needs someone with proven legal authority to sign — and after death nobody has that authority until a court grants it.

Is Florida a probate state?

Yes. Every state has a probate process. Florida’s is set out in Chapters 731 through 735 of the Florida Statutes and the Florida Probate Rules.

Do all estates have to go through probate in Florida?

No. Probate reaches only assets in the decedent’s individual name with no beneficiary, joint owner or trust in place. Property held in a funded trust, accounts with valid beneficiary designations, jointly held property with survivorship rights, and protected homestead generally pass outside probate.

How long do you have to file probate after death in Florida?

There is no deadline. Florida sets no calendar limit on when probate must be opened. But under Fla. Stat. § 733.710, claims against the decedent are barred two years after death whether or not letters were ever issued — and the custodian of a will must deposit it with the clerk within 10 days under § 732.901.

What county handles the probate case?

Under Fla. Stat. § 733.101(1), the county where the decedent was domiciled. If the decedent lived outside Florida but owned Florida property, any county where that property is located. If the decedent had no Florida domicile and no Florida property, the county where a debtor of the decedent resides.

Are Florida probate court records public?

The file is presumptively public under Fla. R. Gen. Prac. & Jud. Admin. 2.420(a). But estate inventories and accountings are confidential and exempt by statute under § 733.604(1), and guardianship reports are confidential under §§ 744.1076 and 744.3701. Interested persons may still inspect the inventory and accountings.

How do I look up a probate case in Florida?

Through the online records search of the clerk of the circuit court in the county where the case was filed. Each county clerk maintains its own system. The docket and most filings are public; inventories and accountings will not appear.

Can I file for probate without a lawyer in Florida?

Only in narrow circumstances. Fla. Prob. R. 5.030(a) requires every personal representative to be represented by a Florida attorney unless the personal representative is the sole interested person in the estate, or is a member of The Florida Bar. Summary administration and disposition without administration fall outside the rule because no personal representative is appointed in either.

Do I need a lawyer for probate court?

In a Florida formal administration, yes, unless one of the two narrow exceptions above applies. Beyond the rule, the practical risks of proceeding alone — choosing the wrong administration track, mishandling creditor notice, missing a non-extendable deadline, or incurring personal liability as a fiduciary — are substantial.

How much does probate court cost in Florida?

Clerk filing fees run about $400 for formal administration and about $345 for summary administration, varying slightly by county. Attorney’s fees for ordinary services in a formal administration have a presumed-reasonable schedule under Fla. Stat. § 733.6171(3), starting at $1,500 for estates of $40,000 or less and running 3% on value above $100,000, declining above $1 million. That schedule is not mandatory, and since July 1, 2026 an attorney charging on it must disclose in writing that it is negotiable.

How long does probate court take in Florida?

There is no statutory limit. Fla. Prob. R. 5.400(c) sets a 12-month target from the issuance of letters for filing the final accounting and petition for discharge, extendable by the court for cause. The three-month creditor claim window sets a practical floor on a formal administration; summary administration moves faster.

What is the difference between formal and summary administration?

Formal administration appoints a personal representative, issues letters of administration, and runs the full creditor claims process under Chapter 733. Summary administration appoints no one — the court enters an order distributing the assets — and is available when the estate subject to administration, less exempt property, does not exceed $150,000, or the decedent has been dead more than two years.

What is the summary administration limit in Florida?

$150,000, raised from $75,000 effective July 1, 2026 by Chapter 2026-57, § 7, Laws of Florida. The Florida Supreme Court conformed Fla. Prob. R. 5.530(a)(7) to the same figure effective July 16, 2026. There is also a second route with no dollar limit at all: the decedent has been dead more than two years.

Does a will avoid probate court?

No. A will directs who receives property; it does not transfer it. Under Fla. Stat. § 733.103(1), a will is ineffective to prove title until it is admitted to probate.

What happens in probate court when there is no will?

The estate passes by intestate succession under Chapter 732, and the court appoints a personal representative following the order of preference in § 733.301 — surviving spouse first, then the person selected by a majority in interest of the heirs, then the heir nearest in degree.

Is an executor the same as a personal representative in Florida?

Yes. Florida does not use the words “executor” or “administrator” — Fla. Stat. § 731.201(28) folds both into “personal representative,” and § 731.201(24) provides that the document appointing them is always called letters of administration. A will naming an “executor” is still effective; that person is appointed as personal representative.

What does a personal representative do?

Takes control of estate assets, serves the notice of administration and notice to creditors, files an inventory within 60 days of letters, pays or objects to claims, files tax returns where required, distributes the property, and files a final accounting and petition for discharge.

What are letters of administration?

The court document granting the personal representative authority to act for the estate. Florida uses this term for every estate, testate or intestate — § 731.201(24) provides that “[a]ll letters shall be designated ‘letters of administration.'” “Letters testamentary” is not a term of art in current Florida practice.

Can I serve as personal representative if I live out of state?

Only if you are related to the decedent. Under Fla. Stat. § 733.304, a nonresident qualifies only as an adopted child or adoptive parent, a blood relative in the direct line, a spouse, sibling, uncle, aunt, nephew or niece (or a blood relative of one of those), or the spouse of someone otherwise qualified. A nonresident who is not a relative cannot serve.

What is a bond in probate court?

A surety bond protecting the estate against the personal representative’s misconduct. Under Fla. Stat. § 733.402(1), bond is required unless waived by the will or the court, and § 733.403 directs the court to set the amount based on the gross value of the estate, the personal representative’s relationship to the beneficiaries, exempt property, asset types, known creditors and encumbrances. A will’s waiver does not bind the court.

Why would I get a letter from the probate court?

Because you are an interested person, a beneficiary or heir, or a creditor, and someone is legally required to notify you. The three you are most likely to receive are formal notice of a petition (20 days to serve written defenses), a notice of administration (3 months to object to the will, venue or jurisdiction), and a notice to creditors (later of 3 months after first publication or 30 days after service).

What happens if I ignore a probate court notice?

If you were served with formal notice and file nothing within 20 days, the court “may consider the matter ex parte as to that person” under Fla. Prob. R. 5.040(b) — the case proceeds without you and the judge may grant what was requested. It is not a default money judgment, but if the notice concerned a will you would have contested, the three-month bar in § 733.212(3) may close the door permanently.

What is formal notice in Florida probate?

A summons-like notice under Fla. Prob. R. 5.040 requiring the person served to serve written defenses within 20 days, exclusive of the day of service. Unlike ordinary service by mail, formal notice carries no additional days for mailing. Informal notice under Rule 5.041 requires no response and is the default.

Do I have to appear in probate court in person?

Often not. Many Florida probate matters are handled entirely through filings, with no hearing at all in an uncontested administration. Whether you appear depends on the county, whether the matter is contested, and the judge’s practice — many circuits permit remote appearance for routine hearings.

What is a probate judge?

In Florida, a circuit judge assigned to the probate division by the chief judge of the circuit. There is no separate office of “probate judge” — the same circuit judiciary hears probate, guardianship and, depending on the circuit, mental health matters.

What else does the probate division handle?

Guardianship and incapacity almost everywhere. Depending on the circuit, also Baker Act and Marchman Act proceedings and Chapter 736 trust matters. Assignment is made by each chief judge under Fla. R. Gen. Prac. & Jud. Admin. 2.215, so it is not uniform statewide — Volusia County, for example, routes Baker Act cases to a different division.

What does “subject to probate court approval” mean?

That a transaction — commonly the sale of estate real estate — cannot close until the judge authorizes it. Buyers see this in contracts where the seller is an estate. It signals that the closing date depends on a court order, not just the parties.

Is probate court the same as family court?

No. Both are divisions of the Florida circuit court, but family court handles dissolution of marriage, custody and support, while the probate division handles decedents’ estates, guardianship and incapacity. Guardianship of a minor’s property, however, is a probate division matter.

What is a curator in Florida probate?

A temporary custodian appointed under Fla. Stat. § 733.501 to protect estate property before a personal representative is appointed. Where there is significant danger property will be wasted, destroyed or removed from the court’s jurisdiction, the court may appoint a curator without notice.

Can probate court be avoided in Florida?

Often, with planning done during the owner’s lifetime — a funded revocable trust, a lady bird deed, correctly worded survivorship titling, or current beneficiary designations. After death the options narrow to the shorter administration tracks: summary administration, disposition without administration, the small-estate intestate procedure, or the nonresident short form.