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.

Florida Probate Resources & Guide by County | Forms, Fees, Courts, Self-Help

Florida Probate Guides

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The Complete Florida Probate Guide

Florida probate guide. Learn about administration types, timelines, costs, and the step-by-step process under Florida Statutes.

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How to Avoid Probate in Florida

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Florida Probate Timeline: Complete Guide to How Long Probate Takes

Florida probate timeline explained step-by-step. Detailed timelines for formal administration (6-12 months), summary administration (1-3 months), and disposition without administration (1-2 weeks).

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Florida Personal Representative Duties and Responsibilities

Florida personal representative duties. Learn executor responsibilities, filing requirements, deadlines, and estate administration.

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Can You Handle Florida Probate Without a Lawyer?

Florida requires an attorney for formal administration in most cases. Learn which probate procedures allow self-representation, free legal resources, and when you truly cannot go it alone.

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Federal Estate Tax and Florida Estates

Florida has no state estate tax. Learn the federal estate tax exemption ($15M per person in 2026), portability for married couples, and strategies to minimize your estate's tax exposure.

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

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Probate Basics

3

Forms & Court

8

Executor Duties

6

Taxes & Deadlines

8

Planning Documents

5

Property Transfer

3

Avoiding Probate

5

Florida Probate Self-Help and Online Resources

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.

Florida probate resource questions

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 legal advice?

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.

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 →
The Florida Bar — Consumer Pamphlet on Probate
The Florida Bar plain-language consumer pamphlet covering formal vs summary administration, beneficiary rights, and timelines.
Florida Free Legal Answers
Free legal-aid resource for Florida residents who qualify by income, including probate questions.
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.

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.

Types of Probate in Florida

Florida offers several probate procedures depending on estate value and circumstances.

Most Common

Formal Administration

Court-supervised probate for estates that do not qualify for Florida’s shortcut procedures.

Timeline: 6-12 months
Attorney: Required in most formal cases
Statute: Fla. Stat. ch. 733

Simplified

Summary Administration

Available when the probate estate is $75,000 or less, or when more than 2 years have passed since death.

Timeline: A few months
Attorney: Recommended
Statute: Fla. Stat. §§ 735.201–735.2063

Small Estates

Disposition Without Administration

Limited procedure for exempt personal property and reimbursement of final expenses.

Timeline: A few weeks to 2 months
Attorney: Optional
Statute: Fla. Stat. § 735.301

Not sure which applies? Take the assessment →

Florida Probate Courts by County

67 counties with detailed data

Showing 36 of 67 counties. Search by county name or show the full list.

Florida Estate Law Overview

Florida Estate Tax Info

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

No

State Estate Tax

No

Inheritance Tax

No

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

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

Creditor Protection

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

Benefits from Decedent's Employer

All benefits paid pursuant to employee benefit plans established by a decedent's employer

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.

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