The Complete Guide to Probate in Florida (2026)

When someone passes away, their assets do not automatically transfer to family members. In many situations, a legal process called probate is required first.

Probate is the court-supervised process used to identify the rightful heirs, pay debts and taxes, and transfer ownership of property. Most Florida families encounter probate when a home, bank account, or investment account is left solely in the deceased person's name.

When Is Probate Required in Florida?

Probate is typically required when a person owned property in their individual name and no automatic transfer mechanism exists. Common examples include:

• A house titled only in the deceased person's name
• A bank account without a payable-on-death beneficiary
• An investment account without a transfer-on-death designation
• Personal property with significant value
• A legal claim or lawsuit owed to the deceased

However, not every asset must go through probate. Assets with beneficiary designations, assets held in trust, and jointly owned property with survivorship rights typically pass outside of probate.

What to Do Immediately After Someone Dies in Florida

Families often make costly mistakes in the first two to three weeks after a death, not because they did something wrong intentionally, but because the legal rules are not intuitive.

Step 1: Obtain Death Certificates

You will typically need five to ten certified copies to handle financial institutions and property transfers. Order more than you think you need.

Step 2: Secure Property

If the deceased owned a home, vehicles, or business assets, secure them immediately. This protects both the estate and the personal representative.

Step 3: Locate the Original Will

Florida law requires the original will to be filed with the clerk of court. Copies are generally not sufficient. Do not delay this step.

Step 4: Do Not Access Accounts Yet

Do not withdraw money, transfer vehicles, or sell property before understanding probate requirements. Many families use the deceased person's debit card to pay funeral expenses. This can create legal and accounting problems later in probate.

The Two Types of Probate in Florida

Summary Administration

Usually available when the estate value is small or the person passed away more than two years ago. This is a simplified process with a typical timeline of two to four months.

Formal Administration

The more common process. Requires appointment of a personal representative, a creditor notice period, and court supervision throughout. Typical timeline: six to twelve months, sometimes longer.

Step-by-Step Florida Probate Process

1. Petition is filed with the probate court
2. Judge appoints a personal representative
3. Letters of Administration issued, granting legal authority to act
4. Notice to creditors published
5. Estate assets identified and inventoried
6. Valid debts paid from estate funds
7. Assets distributed to beneficiaries
8. Estate closed

How Much Probate Costs in Florida

Probate expenses generally fall into several categories:

• Court filing fees
• Publication costs for creditor notices
• Attorney fees
• Appraisal fees for property
• Personal representative compensation

Costs increase when real estate is involved, multiple heirs exist, or litigation occurs. The factors that affect complexity are usually more important than the size of the estate itself.

How to Avoid Probate in Florida

Certain planning tools allow property to transfer automatically without court involvement:

• Revocable living trusts, which hold assets outside the probate estate
• Payable-on-death designations on bank accounts
• Transfer-on-death designations on investment accounts
• Beneficiary designations on life insurance and retirement accounts
• Strategic asset titling to include survivorship rights

Proper planning can prevent the court from needing to supervise asset transfers at all. Preventive planning is almost always less expensive than probate.

Common Probate Mistakes Families Make

• Selling property before court authority is granted
• Failing to file the original will with the clerk of court
• Ignoring creditor notice requirements and deadlines
• Not maintaining insurance on estate property during administration
• Distributing assets to beneficiaries before debts are resolved

Most probate complications come from actions taken before speaking with an attorney, not from the probate process itself.

Special Probate Situations

If There Is No Will

Florida law determines heirs using intestate succession rules. The court distributes property according to a legal formula that may not reflect the deceased's wishes.

Homestead Property

A Florida homestead has special constitutional protections and often requires a court determination before it can be transferred, even to immediate family members.

Minor Beneficiaries

If a minor stands to inherit, the court may require a guardianship of the property or a restricted account before any funds can be distributed.

Out-of-State Heirs

Additional documentation and notarization procedures are often needed when heirs live outside Florida.

Frequently Asked Questions

These answers provide general information only. Because every estate is different, you should consult a licensed attorney about your specific situation before taking action. This material is not legal advice and does not create an attorney-client relationship.

Do you always need a probate lawyer in Florida?

Florida law generally requires an attorney for formal probate administration because the personal representative is acting on behalf of an estate, not themselves individually. Courts do not allow non-lawyers to represent an estate in most formal probate cases. Some very small estates may qualify for summary administration. Even in simpler situations, many families still choose legal guidance because probate involves strict filing deadlines, creditor notices, and property transfer requirements that can create delays or liability if handled incorrectly.

Can you sell a house during probate?

Yes, but only after proper authority is granted by the probate court. The personal representative must first be officially appointed and receive Letters of Administration. Those documents give legal authority to act on behalf of the estate. The court must also approve the sale or the contract must include specific probate language. Title companies typically will not insure a sale without these steps.

How long after death must probate be filed?

Florida law requires the original will to be deposited with the clerk of court within 10 days after learning of the death. However, the probate case itself does not always need to be opened immediately. Many families begin probate within two to eight weeks once funeral arrangements and documents are gathered. Waiting too long can create problems, especially if property taxes, insurance, mortgages, or creditor issues arise.

Does a will avoid probate?

No. A will does not avoid probate. It directs how probate is handled. A will tells the court who should receive assets and who should serve as personal representative, but the court still must supervise the transfer of property. Probate is avoided only when assets transfer automatically, such as through a living trust, beneficiary designation, or certain types of joint ownership.

What happens to debts after death?

Debts do not automatically disappear, but family members usually do not personally inherit them. Valid debts are paid from the estate's assets through the probate process. The personal representative must notify creditors and allow a claim period. If sufficient assets exist, debts are paid before beneficiaries receive distributions. Heirs generally are not personally responsible unless they co-signed or guaranteed the debt.

Who becomes the personal representative?

The will usually names a personal representative, sometimes called an executor. If there is no will, Florida law sets a priority order, typically starting with a surviving spouse and then adult children. The court must approve and appoint the person before they have legal authority. The personal representative is responsible for managing the estate, protecting assets, paying debts, and distributing property.

What if siblings disagree about the estate?

Disagreements between heirs are common and often involve property, distributions, or interpretation of the will. Probate provides a structured legal process to resolve those disputes. The court can require accountings, review decisions made by the personal representative, and approve or deny certain actions.

Can a beneficiary live in the house during probate?

Sometimes, but it depends on the circumstances. The property belongs to the estate during probate, not to an individual heir yet. The personal representative must ensure the property is maintained, insured, and preserved for all beneficiaries. If one beneficiary occupies the home, issues can arise regarding expenses, maintenance, or fairness to other heirs.

What if the original will is lost?

A copy of a will may sometimes be admitted, but it requires additional legal proof. Florida courts presume a missing original will may have been intentionally revoked, so evidence must be presented showing the deceased intended the will to remain valid. This often involves witness testimony and additional filings.

Is probate public record?

Yes. Probate filings are generally public court records. Anyone can view the case file, including the will, inventories, and certain financial information. Planning tools such as living trusts are often used by families who want to keep asset transfers confidential.

Can probate be reopened?

Yes. An estate can be reopened if new property is discovered or if an issue was not resolved during the original administration. This sometimes happens when forgotten bank accounts, refunds, or legal claims surface after closing.

Are retirement accounts subject to probate?

Usually not, if a valid beneficiary designation exists. Retirement accounts such as IRAs and 401(k)s pass directly to named beneficiaries. Probate may be required only if no beneficiary is listed or if the estate itself is named as beneficiary.

Do vehicles go through probate?

Often yes, but Florida provides simplified procedures for some vehicles. The Department of Highway Safety and Motor Vehicles allows certain transfers without full probate if specific requirements are met. The title must be properly transferred before the vehicle can be sold.

What if there is no money to pay debts?

If the estate lacks sufficient assets, creditors may receive partial payment or none at all according to statutory priority. The personal representative still must follow notice procedures. Beneficiaries typically do not pay estate debts from personal funds unless they were jointly responsible.

What if a beneficiary dies during probate?

The deceased beneficiary's share does not disappear. It usually passes to that beneficiary's own heirs or estate, depending on the will and Florida law. This can create a second probate case and may extend timelines.

Can probate be contested?

Yes. Interested parties may challenge the validity of a will or actions taken during administration. Common reasons include undue influence, lack of capacity, or improper execution. Contested probate cases involve litigation and typically take longer to resolve.

What happens to a mortgage after death?

The mortgage does not disappear. Payments must continue to prevent foreclosure. The estate or heirs may continue paying, refinance, or sell the property. Federal law often allows certain heirs to assume the loan.

Can I handle probate myself?

For formal probate, generally no. Because the estate is a separate legal entity, the court usually requires representation by a Florida attorney. Summary procedures may be simpler, but many families still seek legal guidance given the filing requirements and deadlines involved.

What if the deceased owned property in another state?

An additional proceeding called ancillary probate may be required in the state where the property is located. The Florida probate case does not automatically transfer real estate located elsewhere. Coordination between courts in both states is often necessary.

When do beneficiaries receive their inheritance?

Beneficiaries typically receive distributions near the end of probate, after debts and expenses are resolved. Partial distributions may sometimes occur earlier if the court allows it and sufficient reserves remain to cover outstanding obligations.

When Families Usually Hire a Probate Attorney

Families often decide to seek legal guidance when:

• A home must be transferred or sold
• Multiple heirs are involved and coordination is needed
• A will is unclear or its validity is in question
• Creditors are contacting the family
• Court documents and deadlines feel overwhelming

Speaking with a probate attorney early often prevents delays and unnecessary expenses.