What you need to know
Circuit Court, Probate Division · Florida Probate Code (Fla. Stat. Ch. 731–735)
Understanding Probate in Florida
Probate may be needed when someone dies with assets that cannot transfer without court authority. Florida probate cases are filed in Circuit Court. Whether a probate proceeding is necessary therefore depends on the assets involved and how they were owned, rather than simply the total amount of property the person had.
Simplified Probate in Florida
Some estates may qualify for a simpler process known as Summary Administration. Summary Administration may be available when qualifying probate assets are worth $150,000 or less after certain exempt property is excluded. It may also be available when the person passed away more than two years ago. This means the relevant calculation is not necessarily the value of everything the person owned. The existing rules focus on qualifying probate assets and allow certain exempt property to be excluded.
If There Is No Will
A person can still have an estate that needs to be administered even if they did not leave a valid will. When there is no valid will, Florida law determines who inherits the person's probate assets. A surviving spouse's share depends in part on whether there are children and on the family's structure. The absence of a will therefore does not mean that the family simply decides how probate assets should be divided. Florida's inheritance rules determine who receives them.
The Personal Representative
Florida calls the executor of an estate the personal representative. Florida has special rules for people who live outside the state, so not every nonresident can serve as personal representative. For ordinary services, Florida uses a state-set fee schedule as a starting point for personal representative compensation. The amount depends on the value of the estate and the work involved.
Florida Homestead Property
A primary residence can require special attention in a Florida estate. Florida has special rules for a person's primary residence, known as homestead property. If the person leaves a surviving spouse or minor child, those rules may determine who receives the home, even if the will says something different. Families therefore should not assume that a Florida primary residence will necessarily pass in the same way as other property in the estate.
Rights of a Surviving Spouse
Florida law also provides important rights for surviving spouses. A surviving spouse may have the right to claim a portion of the estate even if the will says something different. Because Florida's calculation can include more than probate assets, this is an area where legal guidance may be important. These rights are separate from the state's special rules involving homestead property.
Creditor Claims
Handling debts and creditor claims is another important part of administering a Florida estate. Creditors generally have about 3 months after notice is published. Some creditors who receive notice directly may have a different deadline, and Florida also has a separate outside limit for many claims. The applicable timing can therefore depend on the creditor and the type of notice involved.
Florida Estate and Inheritance Taxes
Florida does not have a state estate or inheritance tax. That means families do not have a separate Florida estate or inheritance tax to account for as part of the state probate process.
Key things to know
The essentials for a Florida estate.
Worth knowing
Florida probate cases are handled through Circuit Court.
Worth knowing
Summary Administration may be available when qualifying probate assets are worth $150,000 or less after certain exempt property is excluded.
Worth knowing
An estate may also qualify for simplified probate if the person has been dead for more than two years.
Worth knowing
Florida has special homestead rules that can affect how a primary residence passes after death.
Worth knowing
Surviving spouses may have rights that affect how an estate is distributed.
Worth knowing
Creditors generally have about 3 months after published notice although other deadlines can apply.
Worth knowing
Florida does not have a state estate or inheritance tax.
Compare to other states
Probate rules shift meaningfully once you cross a state line.
General information as of 2026-09-17, not legal advice for a specific estate. Dollar thresholds are indexed and change over time — confirm current figures before relying on any of them.