Florida Probate and Estate Planning Law FAQs

Probate is the court-supervised legal process used to identify a deceased person’s assets, pay their debts, and distribute the remaining property to rightful heirs. In Florida, this process ensures that titles for assets like real estate and bank accounts are legally transferred.

Yes, a Will does not avoid probate; it serves as a legal roadmap for the court. Even with a valid Will, a Florida judge must admit the Will to probate and issue orders before assets can be distributed to beneficiaries.

When someone dies without a Will, the estate is considered "intestate," and assets are distributed according to Florida’s intestacy laws. Typically, assets go to the surviving spouse and children, depending on the family structure.

A Personal Representative (known as an "executor" in other states) is the person appointed by the court to manage the estate. They are responsible for gathering assets, notifying creditors, and ensuring beneficiaries receive their inheritance.

To serve as a Personal Representative, an individual must be either a Florida resident or a close blood relative. They must also be at least 18 years old and have never been convicted of a felony.

The Personal Representative’s duties include filing the probate petition, notifying creditors, managing estate assets, paying valid claims, and distributing the remaining estate to heirs according to the law or the Will.

Yes, Florida law requires a Personal Representative to be represented by an attorney for almost all formal probate administrations. Because the process involves legal filings and fiduciary duties, the court ensures a licensed attorney oversees the case. For summary administrations, pro-se petitions are allowed, but the complexities of the process often require an experienced attorney to resolve.

At Florida Probate Law Group, we offer flat fees ranging from $3,000 to $7,000 for uncontested probate administration. This transparent pricing model helps families avoid the unpredictability of hourly billing or percentage-based fees.

Court filing fees vary by county but generally range from approximately $345.00 for Summary Administration to $405.00 for Formal Administration. These fees are paid directly to the Clerk of the Court and are included in the Flat Fees of Florida Probate Law Group.

Yes, under Florida law, attorney fees and court costs are considered administrative expenses and are typically reimbursed out of the estate’s assets before distributions are made to heirs.

A flat fee is often more cost-effective for families because it provides certainty. While Florida statutes suggest a "reasonable" fee of 3% of the estate value, our $3,000.00 to $7,000.00 flat-fee structure often saves clients thousands (sometimes tens of thousands) of dollars.

Summary Administration is a fast-track probate process available for estates with non-exempt assets of $75,000.00 or less, or for estates where the decedent has been deceased for more than two years.

Summary Administration is generally completed in 2-3 months, making it the most efficient way to transfer assets like small bank accounts or homestead property.

Formal Administration is the traditional probate process required for estates with assets exceeding $75,000 or when a Personal Representative must be appointed to settle complex affairs.

Ancillary Administration is a probate process used when a non-resident of Florida dies owning real estate within the state. It allows the out-of-state executor to legally transfer the Florida property.

This is a rare process used only for very small estates where the assets are less than the cost of final medical expenses and funeral bills. It does not apply to real estate.

Homestead property is the decedent’s primary residence in Florida. Under the Florida Constitution, this property is protected from most creditor claims and has unique rules regarding how it can be inherited.

Yes, if a house was owned solely by the decedent, a court order is required to clear the title and transfer ownership to the heirs, even if the property is protected homestead.

This is a legal filing used during probate to ask the judge to formally declare that a property was the decedent's primary residence. Once granted, the property is shielded from most estate creditors.

Yes, in Formal Administration, the Personal Representative can sell non-homestead property after obtaining court approval or through powers granted in the Will. In Summary Administration, the property is transferred to the heirs first, who then sell it.

An Enhanced Life Estate Deed (Lady Bird Deed) allows a property owner to retain control of their home during their lifetime and automatically transfer it to beneficiaries upon death, bypassing the probate process entirely.

Formal Administration typically takes 6 to 12 months to complete, depending on the complexity of the assets and the number of creditors involved.

In Formal Administration, the law requires a 90-day "Creditor Period" that begins after the Notice to Creditors is published. This gives potential creditors a window to file legitimate claims against the estate.

The Personal Representative must publish a Notice to Creditors in a local newspaper and mail direct notices to all "reasonably ascertainable" creditors, such as credit card companies or healthcare providers.

If a creditor fails to file a claim within the 90-day window (or two years if they were not properly notified), their claim is generally barred forever under Florida law.

Assets subject to probate include any property owned solely by the decedent with no designated beneficiary. This commonly includes real estate, bank accounts, vehicles, and personal belongings.

Life insurance typically avoids probate and is paid directly to the named beneficiaries. However, if the "Estate" is listed as the beneficiary, or if there is no beneficiary listed, the proceeds must go through the probate process.

If a vehicle was owned solely by the decedent, the Florida DMV requires a probate order to transfer the title. In some cases of Summary Administration, this can be done quickly.

TOD and POD are designations on bank or brokerage accounts that allow assets to pass directly to a beneficiary upon the owner's death, bypassing the probate court.

Yes, heirs can contest a Will if they believe there was "undue influence," lack of mental capacity by the decedent, or if the Will was not signed according to Florida legal requirements.

Florida law protects surviving spouses from being disinherited. A spouse is generally entitled to an "elective share" of 30% of the decedent’s elective estate, regardless of what the Will says.

Funeral expenses are considered a "Class 1" priority claim in Florida probate. This means they are among the first expenses to be reimbursed from the estate’s assets.

No, Florida does not have a state inheritance tax or estate tax. However, the estate may still be subject to federal estate taxes if it exceeds certain high-value thresholds (15 million as of 2026).

You must file an ancillary or non-resident probate in the Florida county where the property is located. This process runs alongside the "home" state’s probate to handle the Florida real estate, or can be independent if there is no probate proceeding in the home state.

Letters of Administration are official documents issued by a judge that grant the Personal Representative the legal authority to act on behalf of the estate, such as withdrawing money from bank accounts.

Yes, a Personal Representative has a fiduciary duty. If they mishandle estate funds or favor one beneficiary over another, they can be held personally liable for the losses.

If an estate is insolvent, Florida law dictates a priority order for paying debts. Some assets, like homestead property, remain protected and go to heirs even if debts remain unpaid.