Florida Probate Law: Estate Administration and Court Process
Florida probate law governs the legal process by which a deceased person's assets are identified, debts are paid, and property is distributed to heirs or beneficiaries under court supervision. Administered through Florida's circuit courts, the process is primarily governed by the Florida Probate Code (Florida Statutes, Chapters 731–735) and the Florida Probate Rules promulgated by the Florida Supreme Court. Understanding how estate administration works — including its procedural phases, asset thresholds, and court involvement — is essential for anyone navigating the disposition of a Florida resident's estate. For broader orientation on how legal processes are structured in the state, How the Florida Legal System Works provides a foundational overview.
Definition and Scope
Probate is the court-supervised legal procedure through which a decedent's estate is administered. Under Florida Statutes § 731.201, an "estate" encompasses all property subject to administration, including real property located in Florida, tangible personal property, and intangible assets such as bank accounts and securities that do not carry valid beneficiary designations or joint ownership titles.
Florida probate jurisdiction is exclusive to the circuit court in the county where the decedent was domiciled at the time of death (Florida Statutes § 733.101). For non-residents who owned real or tangible personal property in Florida, ancillary administration proceedings may be opened in the appropriate Florida circuit court, in addition to domiciliary proceedings in another state.
Scope and Coverage Limitations
This page addresses Florida state probate law exclusively. Federal estate tax obligations, which apply to estates exceeding the federal exemption threshold set by the Internal Revenue Code, fall outside Florida circuit court jurisdiction and are administered through the Internal Revenue Service. Florida abolished its separate state estate tax following the 2004 repeal of the Florida estate tax statute; consequently, no Florida-specific estate tax filing is required for deaths occurring after December 31, 2004 (Florida Department of Revenue). Probate proceedings in other states, federal court processes, and tribal jurisdiction matters are not covered here. Assets held in revocable living trusts, retirement accounts with designated beneficiaries, and jointly held property with right of survivorship pass outside the probate estate and are not subject to Florida Probate Code administration.
For key terminology used throughout Florida's legal framework, the Florida Legal System Terminology and Definitions reference provides structured definitions.
How It Works
Florida probate proceeds through two principal tracks — formal administration and summary administration — plus a simplified disposition procedure for very small estates.
Formal Administration is required when the gross probate estate exceeds $75,000 or when the decedent has been dead for fewer than 2 years (Florida Statutes § 735.201). The process proceeds through the following discrete phases:
- Filing the Petition — A personal representative (executor) files a petition for administration with the circuit court in the county of the decedent's domicile, accompanied by the original will (if one exists), a death certificate, and required filing fees.
- Appointment and Letters of Administration — The court reviews the petition and, if the proposed personal representative is qualified under Florida Statutes § 733.302, issues Letters of Administration — the document authorizing the personal representative to act on behalf of the estate.
- Notice to Creditors — The personal representative must publish a Notice to Creditors in a local newspaper for 2 consecutive weeks and directly notify known creditors. General creditors have 3 months from the date of first publication to file claims (Florida Statutes § 733.702).
- Inventory and Appraisal — Within 60 days of issuance of Letters of Administration, the personal representative must file a verified inventory listing all probate assets and their estimated fair market values.
- Payment of Debts and Expenses — Valid creditor claims, funeral expenses, costs of administration, and taxes are paid in the statutory order of priority established under Florida Statutes § 733.707.
- Distribution and Discharge — After debts are resolved, remaining assets are distributed to beneficiaries named in the will or, in intestate estates, to heirs according to Florida's intestacy statutes (Chapter 732). The court issues an Order of Discharge, closing the estate.
Summary Administration is available when the value of the entire estate subject to administration in Florida does not exceed $75,000, or when the decedent has been dead for more than 2 years. This track does not require appointment of a personal representative; instead, a petition for summary administration is filed directly by an interested person, and the court issues an Order of Summary Administration directing asset distribution.
Disposition Without Administration applies to estates consisting solely of personal property exempt under Florida Statutes § 732.402 or property exempt from claims of creditors, provided no non-exempt personal property is involved.
For context on how Florida's circuit courts exercise subject-matter jurisdiction over probate matters, Florida County vs. Circuit Court Jurisdiction outlines the structural distinctions between court levels.
Common Scenarios
Testate Estate (Will Exists)
When a decedent leaves a valid will, formal administration is typically required unless the estate qualifies for summary administration. The will must be admitted to probate and its validity confirmed by the circuit court. A self-proved will — one executed with the formalities specified in Florida Statutes § 732.502, including 2 witnesses and notarization — is presumed valid without testimony from the attesting witnesses.
Intestate Estate (No Will)
Without a valid will, the estate passes under Florida's intestacy statute (Florida Statutes § 732.101–732.111). Florida's intestacy rules follow a hierarchical distribution: the surviving spouse receives the entire estate if no lineal descendants exist; if descendants exist and all are also descendants of the surviving spouse, the spouse again receives the entire estate unless any descendant is not a descendant of the surviving spouse, in which case the estate is split equally between spouse and descendants.
Contested Probate / Will Challenges
Interested persons may contest will validity on grounds including lack of testamentary capacity, undue influence, fraud, or failure to meet execution formalities. Contests are filed in the circuit court handling administration; the burden of proof rests on the contesting party. Florida's 3-year statute of limitations for will contests runs from the date of the decedent's death (Florida Statute of Limitations Reference covers related time-bar rules across Florida law).
Ancillary Administration
When a non-Florida resident dies owning real property in Florida, ancillary administration must be opened in the Florida circuit court of the county where the property is located, even if domiciliary administration is pending in another jurisdiction. The ancillary personal representative's authority is limited to Florida-sited assets.
Homestead Property
Florida's constitutional homestead protections (Article X, Section 4 of the Florida Constitution) exempt a decedent's primary residence from creditor claims and impose restrictions on devise when a surviving spouse or minor child survives the decedent. Homestead property does not pass through probate in the conventional sense; its disposition is governed by constitutional and statutory rules that may override testamentary intent.
Decision Boundaries
The primary procedural fork in Florida probate is the $75,000 gross estate threshold for formal versus summary administration. This figure refers to the value of assets subject to probate administration — not the total value of all property the decedent owned at death. Non-probate assets (retirement accounts with named beneficiaries, life insurance payable to named beneficiaries, jointly titled property, and trust assets) are excluded from this calculation.
Formal vs. Summary Administration — Comparison
| Factor | Formal Administration | Summary Administration |
|---|---|---|
| Estate value threshold | Over $75,000 or death within 2 years | $75,000 or less, or death over 2 years ago |
| Personal representative required? | Yes | No |
| Court supervision | Ongoing throughout process | Limited to initial order |
| Creditor notice period | 3 months from first publication | Subject to Florida Statutes § 735.206 requirements |
| Typical duration | 6–12 months (uncontested) | Weeks to a few months |
The 2-year rule creates an important boundary: even a large estate may qualify for summary administration if the decedent has been dead for more than 2 years, because the creditor claims period will have expired under Florida Statutes § 733.710, which bars claims filed more than 2 years after the decedent's death regardless of notice.
Out-of-State Wills
A will executed validly under the laws of another U.S. state is admissible to probate in Florida under Florida Statutes § 732.502(2), provided it meets at least the execution formalities of the state where it was signed. Foreign country wills may