Today, on Redhead Mom, I’m sharing a partnered guest post about what happens during probate in Florida.
When a person dies, the regular probate process begins. It is a court-conducted procedure that pays the deceased’s debts, settles the will, and portions the remaining estate accordingly.
It’s true that probate can become a lengthy and costly legal process in Florida, but expenses and time may possibly be saved through proper estate planning. According to a 2025 study, 55% of adult Americans have no estate planning documents. This is why it is more important than ever to understand what probate entails and how to avoid it.
Legal assistance from a Jacksonville probate lawyer may prove useful in explaining the operational process of probate in Florida to an individual. The attorney can accomplish this task by filing the necessary papers with the court, probating the will, locating and appraising assets, paying off valid creditors and all applicable taxes, addressing any controversies that may arise, and managing the final distribution of the estate to the beneficiaries according to the law.
The involvement of a lawyer may lead to an assessment of how specific or particular assets might or can be protected from a probate proceeding, such as through a living trust, joint ownership, or a beneficiary designation, along with eliminating an unnecessary step or time lapses in the estate that’s rather fiddly.
Getting a good grasp on how things work in Florida and how to be proactive can end up saving you money and time. Being actively involved in the process can help ease the burden on your heirs while distributing the assets.
Let’s discuss what really happens during probate in Florida and some of the methods that can bypass it.
What Triggers Probate in Florida
Probate is necessary if one passes away with assets that solely are theirs. There is no other process for passing on such assets. Chapters 731 to 735 of the Florida Statutes contain the Florida Probate Code.
Assets that can bypass probate are those with designated beneficiaries, joint tenancies with survivorship rights, and items contained in an established trust.
Many people assume that having a will means you do not have to go through probate. In reality, having a will does mean entering into the probate process since it needs to be accepted by the court.
The Two Tracks: Formal vs. Summary Administration
Florida offers two types of probate administration.
Summary Administration
Available under Florida Statute § 735.201 when the total non-exempt probate estate does not exceed $75,000, or when the decedent has been dead more than two years. In those situations no personal representative is appointed. The court issues an order directing asset holders to release property back to beneficiaries.
Formal Administration
Formal administration is required for estates that exceed $75,000, especially if the death occurred within the past two years. The court appoints a personal representative. This person then locates and collects assets, pays debts based on the statutory priority sequence, and finally distributes the remaining value.
The required creditor time and a lot of matters land around eight to twelve months so the formal probate cannot close faster than five to six months.
The Step-by-Step Formal Probate Process
Pursuant to Florida Statute § 732.901, a person having custody of the will is required to submit it to the circuit clerk within ten days of ascertaining the death. The formal administration tends to go through a court-supervised step-by-step routine, not just personal handling.
- A petition for administration must be filed in the probate division of the circuit court located in the county in which the deceased person had domicile, along with a death certificate and filing fee amounting to approximately $400.
- The court issues letters of administration. Those letters give the personal representative legal standing to act for the estate.
- A notice to creditors is published in a local newspaper under Florida Statute § 733.2121. Creditors get three months to submit claims, and that time window cannot be shortened.
- Within 60 days after the letters are issued, the personal representative must submit a verified inventory of the probate assets, listing their values as of the date of death.
- After the creditor period wraps up, valid claims are paid following the statutory priority order in § 733.707. Tax returns are prepared for both the decedent and the estate.
- Then the personal representative submits a final accounting, and the court signs off on distribution to the beneficiaries before the estate closes.
What Florida Probate Actually Costs
Florida is one of the few places that puts a statutory attorney fee schedule inside its probate code. Under Florida Statute § 733.6171, attorney fees are presumed reasonable at 3% of the first $1 million of estate value.
The personal representative’s compensation under § 733.617 uses the same percentage pattern. For a $500,000 estate, those two line items by themselves can climb to $30,000 before court fees, notice publication, and appraisal expenses get added in.
In Florida, total probate costs often run between 3% and 7% of the gross estate value.
These fees get paid from estate assets before any actual distribution to beneficiaries. A family that watches a $500,000 estate go through formal probate may end up with $15,000 to $35,000 less than they would have received if the estate had been arranged to avoid probate altogether.
Five Ways to Avoid Probate in Florida
Florida provides more probate avoidance options than most states. Each option is designed for a different group of assets, and most effective estate plans use several at the same time.
Revocable Living Trust
A properly funded revocable trust under Chapter 736 of the Florida Statutes avoids probate for each asset it holds. Those assets must be retitled in the trust’s name for the benefit to take effect. A trust that is signed but not funded delivers no probate avoidance benefit at all.
Enhanced Life Estate Deed (Lady Bird Deed)
This deed contains certain provisions that allow the owner to retain complete control over their property for the duration of their life. With this deed, an individual can do what they please without restrictions or constraints, such as selling or mortgaging the property. This type of property goes outside of probate, and the beneficiaries typically get a stepped-up tax basis.
Payable on Death and Transfer on Death choices
For bank accounts, brokerage accounts, and other financial instruments that allow named beneficiaries, the assets go directly outside of probate. These beneficiary settings usually override what the will says. If an account has no named beneficiary, it can become a probate asset regardless of whether a will covers it.
Joint ownership with right of survivorship
In the case of joint property with right of survivorship, the property is automatically transferred to the survivor without any legal hassles. It is the same as tenancy by the entirety, except it is available only to married couples in Florida.
Beneficiary Designations on Retirement Accounts and Life Insurance
IRAs, 401(k)s, and life insurance policies with named beneficiaries often go straight past probate, and they also do not get pulled into whatever a will says. They sit outside the probate picture completely.
Frequently Asked Questions
Can I avoid probate in Florida with just a will?
No. A will is what triggers probate. It directs where things go during the probate process, but it does not bypass it. When probate is to be avoided, the assets must be organized in such a way that they pass to the intended beneficiary, perhaps through a trust or beneficiary designation, held in joint tenancy or using a ladybird deed.
What is the two-year rule in Florida probate?
Florida Statutes §733.710 bars creditor claims against an estate two years after the individual’s death. This two-year period remains unchanged regardless of whether probate has been commenced. An estate that has been open more than two years can qualify for summary administration.
What assets are exempt from Florida probate
Certain property pieces never need to enter the probate courtroom at all. These types of assets include homestead property, assets that have designated beneficiaries, and jointly held property that includes survivorship rights. If the asset is sitting inside a funded trust, it passes through that arrangement and not through probate.
Motor vehicles can bypass the probate process since the Florida Statute § 319.28 allows for the transfer of a vehicle outside of probate, provided the estate has no existing debts. Florida has among the strongest homestead protections in the country, and it limits how homestead property can be willed or, more precisely, devised.
Who qualifies to serve as personal representative in Florida
As per the Florida law, the personal representative should be at least 18 years old and mentally sound. A candidate for personal representative should also not be guilty of a felony offense. The state of Florida may authorize a non-resident to act as a personal representative, but only those related by blood, marriage, or adoption.
Planning Before Probate Is the Only Way to Avoid It
Florida probate isn’t automatically avoidable once time has passed or after someone is already deceased. If a person dies with assets titled only in their name, and there is no mechanism for automatic transfer, then formal probate is usually required.
The creditor period required by law, the statutory fee schedule, and the level of court supervision cannot be erased retroactively.
The Florida Bar’s consumer guide to probate gives a straightforward, plain-language overview of how formal administration typically works. When deciding whether an estate will require probate or how to arrange assets to avoid it, the exact circumstances, the categories of assets, and Florida homestead rules are all important factors. These elements determine the most suitable approach to one’s situation.