Probate in Florida
Probate is the court process of settling a deceased person's estate. Florida offers a full court-supervised path called formal administration and a faster, simplified path called summary administration. This hub explains both, plus a distinctive Florida rule: in most formal probates the personal representative must hire a Florida attorney.
By Find Local Law Editorial Team · Last reviewed: May 26, 2026
Researched and drafted with AI assistance and verified against primary sources (statutes, Judicial Council forms, and official court websites). This is general information, not legal advice.
Probate in Florida is the process of settling a deceased person’s estate through the circuit court — appointing someone to gather assets, pay valid debts, and distribute what’s left. Which path applies depends mostly on the size and age of the estate.
Formal vs. summary administration
Formal administration is Florida’s full, court-supervised probate under chapter 733. The court appoints a personal representative (Florida’s term for an executor or administrator), issues letters of administration, and oversees creditor claims and distribution.
Summary administration is a simplified, faster alternative for smaller or older estates. It skips the appointment of a personal representative in the usual sense and can resolve an estate in far less time.
The $75,000 / 2-year summary threshold
Summary administration is available when either the value of the estate subject to administration in Florida (less property exempt from creditors) is $75,000 or less, or the decedent has been dead more than 2 years (Fla. Stat. § 735.201). Either condition — not both — opens the door.
A personal representative usually must hire a Florida attorney
This surprises many people: in a Florida formal administration, the personal representative generally must be represented by a Florida attorney, unless the PR is the sole interested person (Florida Probate Rule 5.030). Budget for counsel in most formal cases.
Homestead is usually not a probate asset
A Florida homestead that passes to protected heirs is generally not an asset of the probate estate and is shielded from most creditors — though the court may still confirm the homestead’s status.
The guides
- The Florida probate process (formal administration)
- Summary administration
- Disposition without administration
- Personal representative duties
- Do you need a lawyer?
You may also want to plan ahead — see Florida estate planning and avoiding probate. To get matched with a local Florida probate attorney, connect with a lawyer.
Guides
- Florida Disposition Without Administration
For very small Florida estates with NO real property, no administration is required. This applies where the estate is only exempt personal property plus nonexempt personal property not exceeding the preferred funeral expenses plus reasonable medical/hospital expenses of the last 60 days of the last illness. A person who paid those expenses can be reimbursed (Fla. Stat. § 735.301).
- Do You Need a Lawyer for Florida Probate?
In a Florida formal administration, the personal representative must be represented by a Florida attorney unless the PR is the sole interested person (or is themselves a Florida attorney) — Florida Probate Rule 5.030. This is a distinctive Florida requirement. Summary administration and disposition without administration may not require counsel in the same way, but a lawyer is common.
- Florida Personal Representative Duties
A Florida resident who is sui juris (an adult of sound mind) can serve as personal representative (Fla. Stat. § 733.302). A non-resident can serve only if related to the decedent (Fla. Stat. § 733.304). The PR is a fiduciary who collects assets, pays valid debts, and distributes the estate, and is entitled to a commission presumed reasonable at statutory percentage tiers (Fla. Stat. § 733.617).
- The Florida Probate Process: Formal Administration
Formal administration is Florida's full court-supervised probate under chapter 733, handled by the circuit court. The court appoints a personal representative and issues letters of administration; the PR gathers assets, settles debts and creditor claims, and distributes the rest. Creditors generally must file claims within set periods, and never more than 2 years after death.
- Florida Summary Administration
Summary administration is Florida's simplified, faster probate. It is available when EITHER the value of the estate subject to administration in Florida (less property exempt from creditors) is $75,000 or less, OR the decedent has been dead more than 2 years (Fla. Stat. § 735.201). Only one condition needs to be met.
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