Florida Probate Guide

County-specific probate filing-office contacts, filing fees, required forms, and step-by-step guidance for families settling an estate in Florida.

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Types of Probate in Florida

Florida offers several probate procedures depending on estate value and circumstances. The timeline varies by type: Formal Administration typically takes 6-12 months, Summary Administration takes a few months, and Disposition Without Administration can often be completed in a few weeks to 2 months.

See the full comparison of Florida probate typesWhich procedures exist, who qualifies, and how the timelines compare.

Not sure which applies? Take the assessment →

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Florida Probate Filing Offices by County

Choose your county to get its probate court contacts, filing fees, and required forms. 67 counties have detailed data.

Alachua Baker Bay Bradford Brevard Broward Calhoun Charlotte Citrus Clay Collier Columbia

Show all 67 counties

DeSoto Dixie Duval Escambia Flagler Franklin Gadsden Gilchrist Glades Gulf Hamilton Hardee Hendry Hernando Highlands Hillsborough Holmes Indian River Jackson Jefferson Lafayette Lake Lee Leon Levy Liberty Madison Manatee Marion Martin Miami-Dade Monroe Nassau Okaloosa Okeechobee Orange Osceola Palm Beach Pasco Pinellas Polk Putnam St. Johns St. Lucie Santa Rosa Sarasota Seminole Sumter Suwannee Taylor Union Volusia Wakulla Walton Washington

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Florida Probate Guides

View all guides

FLJan 5, 2026

Does Florida Have a Transfer on Death Deed?

Browse Florida guide topics

Jump to court, executor, tax, planning, property, and probate-avoidance guides that match your next task.

Probate Basics

Forms & Court

Executor Duties

Taxes & Deadlines

Planning Documents

Property Transfer

Avoiding Probate

Full guide library

Florida Probate Self-Help and Online Resources

Florida probate resource map by source type

Statewide process, forms, and code sources1

State court, form, statute, agency, and self-help sources for general probate and estate-settlement questions.

County filing-office sources8

County court, clerk, register, or filing-office pages for local probate divisions, filing paths, local forms, fee references, and courthouse-specific resources.

Referral-navigation sources1

Referral paths for finding certified lawyer-referral services when a family wants help locating counsel.

All Florida self-help resources (10 links)Official court, form, law-library, referral, and legal-education links, plus how to use each source

For Florida probate, the most useful authoritative resources are the Florida Courts Help portal for procedural rules, The Florida Bar Consumer Pamphlets for plain-language overviews, FloridaLawHelp.org for low-income legal aid and self-help forms, and the county Clerk of Court for filing and recording. Florida Statutes Chapters 731–735 govern the procedure end-to-end, with §§ 735.201–735.2063 covering Summary Administration (estates of $75,000 or less, or where more than two years have passed since death) and § 735.301 covering Disposition Without Administration.

Which Florida probate source should you use?

Start with Florida Courts Help for statewide probate process context and court-system navigation.
Use The Florida Bar consumer pamphlet for plain-language background on formal administration, summary administration, personal representatives, and beneficiary questions.
Use FloridaLawHelp.org or Florida Free Legal Answers when you need legal-aid or self-help referral paths.
Use county Clerk of Court and circuit probate division links for local filing paths, court contacts, records portals, forms, and fee references.
Verify current filing steps with the clerk, circuit court, legal-aid resource, or counsel before filing.

Statewide process, forms, and code sources

State court, form, statute, agency, and self-help sources for general probate and estate-settlement questions.

Florida Free Legal Answers
Free legal-aid resource for Florida residents who qualify by income, including probate questions.

County filing-office sources

County court, clerk, register, or filing-office pages for local probate divisions, filing paths, local forms, fee references, and courthouse-specific resources.

Florida Courts Help: Probate
The official Florida Courts self-help portal: procedural rules, forms, and links to the appropriate circuit court.
Settled Florida probate forms by county →
11th Judicial Circuit (Miami-Dade): Probate Division
Miami-Dade County probate division procedures, judges, and local rules.
Settled Miami-Dade County probate court contacts →
17th Judicial Circuit (Broward): Probate
Broward County probate procedures, calendars, and local administrative orders.
Settled Broward County probate court contacts →
15th Judicial Circuit (Palm Beach): Probate
Palm Beach County probate, mental health, and guardianship division resources.
Settled Palm Beach County probate court contacts →
9th Judicial Circuit (Orange / Osceola): Probate
Orange and Osceola County probate division resources, forms, and procedures.
Settled Orange County probate court contacts →
13th Judicial Circuit (Hillsborough): Probate
Hillsborough County (Tampa) probate, guardianship, and trust division resources.
Settled Hillsborough County probate court contacts →
Florida Court Clerks & Comptrollers: Probate Records
Statewide Florida Court Clerks association probate records guidance and county clerk directory.
Eighth Judicial Circuit: Probate Forms (Self-Help)
A widely-cited Florida circuit self-help form library, useful for any Florida county.

Referral-navigation sources

Referral paths for finding certified lawyer-referral services when a family wants help locating counsel.

The Florida Bar: Consumer Pamphlet on Probate
The Florida Bar plain-language consumer pamphlet covering formal vs summary administration, beneficiary rights, and timelines.

Settled complements these authoritative sources with plain-language explanations, county-specific filing packets, fee calculators built from Florida court fee schedules, and step-by-step executor guidance, pulling the procedural detail from the sources above into one consumer-translated workspace for the named personal representative.

Florida Estate Law Overview

Florida Estate Tax Info

Florida is one of the most tax-friendly states for estates and inheritances.

State Estate Tax

Inheritance Tax

State Income Tax

Federal estate tax info

Federal estate tax only applies to estates exceeding $15,000,000 (2026).

Who Inherits Without a Will?

Intestate succession determines how a person's property is distributed when they die without a valid will.

View spouse inheritance rules

Decedent leaves no surviving descendants (children, grandchildren, etc.)100%

The surviving spouse receives the entire intestate estate.

All of decedent's descendants are also descendants of the surviving spouse, AND the spouse has no other descendants100%

When both spouses have the same children and the surviving spouse has no children from other relationships, the spouse receives everything.

Decedent has one or more descendants who are NOT descendants of the surviving spouse (e.g., children from prior marriage)50%

The surviving spouse receives half, and the decedent's descendants share the other half per stirpes.

All of decedent's descendants are also the spouse's descendants, BUT the surviving spouse has descendants who are NOT the decedent's50%

Even though all the decedent's children are shared, if the spouse has other children, the spouse only gets half.

View order of inheritance (no spouse)

1ParentsEqually to both parents, or all to the surviving parent
2Siblings and their descendantsEqually to siblings; deceased sibling's share to their descendants per stirpes
3Grandparents, aunts, uncles, and their descendantsHalf to paternal side, half to maternal side. Within each side: first to grandparents, then to aunts/uncles and their descendants
4Kindred of last deceased spouseIf no blood relatives exist, estate goes to the kindred of the decedent's last deceased spouse

Florida Homestead Protection

Florida homestead law is among the strongest in the nation, providing three distinct types of protection: creditor exemption, restrictions on devise (transfer at death), and property tax benefits.

$50,000

Property Tax Exemption

Creditor protection: read the statute text

Unlimited value - Florida has no cap on the value of homestead protected from creditors

Statute: Article X, Section 4(a), Florida Constitution

Size limits & qualifications

Inside city limits: 0.5 acres (one-half acre)

Outside city limits: 160 acres

Property types: Single-family home, Condominium, Townhouse, Mobile home (if owner also owns land or has long-term lease), Manufactured home permanently affixed to land, Multi-family property (if owner occupies one unit)

Restrictions on leaving homestead in will

With spouse, no minor children:

Homestead may ONLY be devised to the surviving spouse

With minor children:

Homestead CANNOT be devised at all - it descends by operation of law

Exempt Property

Florida law provides that certain property of a decedent is 'exempt' from claims of creditors and passes directly to the surviving spouse and/or children, outside of the normal probate distribution.

View exempt items

Household Furniture and Furnishings

Household furniture, furnishings, and appliances in the decedent's usual place of abode

$20,000 net value

Two Motor Vehicles

Up to two motor vehicles held in decedent's name and regularly used by decedent or immediate family

Two vehicles, no value limit

Qualified Tuition Programs

Florida Prepaid College accounts and 529 plans

No limit

Educator Death Benefits (s. 112.1915)

All benefits paid pursuant to s. 112.1915. This is a narrow category limited to death benefits for Florida teachers and school administrators killed by an intentional act of violence in the line of duty; it does NOT cover ordinary employer retirement, pension, or employee-benefit-plan proceeds.

No limit

Family Allowance

$18,000 - In addition to exempt property, the surviving spouse and dependent children are entitled to a 'family allowance' for their maintenance during administration.

Florida Probate Questions

How much does probate cost in Florida?

Florida probate filing fees vary by county and type of administration. According to Florida court fee schedules, filing fees typically range from $200-$500 depending on the procedure. Additional costs include certified copy fees, publication notice fees ($50-$200), and potential bond premiums. Attorney fees may be statutory or hourly depending on state law. Use our free Florida fee calculator for county-specific estimates.

How long does probate take in Florida?

The timeline varies by type: Formal Administration typically takes 6-12 months, Summary Administration takes A few months, and Disposition Without Administration can often be completed in A few weeks to 2 months.

Do I need an attorney for probate in Florida?

Florida formal administration generally requires attorney representation for the personal representative. Summary Administration and Disposition Without Administration may be handled without counsel in some cases, but checking with counsel can still be appropriate.

Which Florida probate source should I start with?

Start with Florida Courts Help for statewide probate process context, use The Florida Bar consumer pamphlet for plain-language background, and use the county Clerk of Court or circuit probate division link for local forms, filing paths, records, and fee references.

Are Florida circuit court probate links different from statewide Florida Courts links?

Yes. Statewide Florida Courts pages provide general court-system and self-help context, while circuit and county clerk pages handle local probate divisions, records portals, filing paths, forms, and fee references. Families should verify current steps with the clerk, court, legal-aid resource, or counsel.

Does the Florida Probate Resource Map replace attorney review?

No. The Florida Probate Resource Map is source navigation. It links to court, bar, clerk, and legal-aid resources so families can find current source paths, but it does not decide eligibility, prepare filings, or replace advice from counsel.

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