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Our firm focuses a significant portion of our practice in the areas of Florida Estate Planning and Probate Law. We provide our Clients with custom estate planning solutions that fit their family and wealth preservation goals. If you fail to create an estate plan, the State of Florida will decide how your assets are going to be distributed through the Probate process.
For many of our clients young or old the responsibility of going through Probate can be extremely stressful and confusing. Let our office provide you and your family with the comfort of a clear path forward for your Probate.
Probate is the Court process of a identifying and distributing a person’s assets either by the terms of their wishes as detailed in their estate planning documents or alternatively through Florida’s rules of intestate succession.
The appropriate Court for Florida probate is typically either (1) the county where the decedent (person who passed) was domiciled; (2) where their property is located; or (3) where any debtor of the decedent resides. Pursuant to Florida Stat. 733.101.
Florida Probate Courts typically run in two tracks with different procedures. The first such procedure is known as Summary Administration. This process is available if (1) a person dies with a will that does not direct formal administration or without a will (intestate) and (2) the value of the entire estate is less than $75,000.00 or the person passed away more than 2 years ago.
Alternatively, if your estate doesn’t qualify for a summary administration, it will need to be distributed in Probate by Formal Administration. This process can be very complicated and detailed but generally it involves providing notice to the Clerk of Court of the decedent’s death, followed by notice to creditors & beneficiaries. Then outstanding debts are paid out of the estate and an accounting is made of the total assets.
Finally, a Court will be petitioned to approve the final dissolution of an estate and the assets will be distributed either pursuant to the terms of Florida’s intestate succession or pursuant to the decedent’s wishes pursuant to a will. This process typically takes many months and will require the opening of separate bank accounts, notices to creditors and potentially dealing with disputed claims of creditors and beneficiaries.
We handle Florida probate matters in all 67 counties. Explore our county-specific probate resources and related estate planning topics:
13th Judicial Circuit, Edgecomb Courthouse, Tampa. Our home office serves Hillsborough County families.
10th Judicial Circuit, Bartow Courthouse. Polk, Hardee, and Highlands counties.
12th Judicial Circuit, Sarasota Judicial Center. High retiree probate volume.
Florida estate planning, revocable trusts, Lady Bird Deeds, and POAs that keep your family out of probate.
Detailed breakdown of statutory fees, court costs, and flat-fee alternatives.
Florida-specific enhanced life-estate deed that passes your home outside probate.
Florida probate is the court-supervised process for validating a will, paying creditors, and transferring titled assets from a deceased person’s estate to their heirs or beneficiaries. It is administered by the probate division of the appropriate Florida circuit court, governed by Chapter 733 of the Florida Statutes and the Florida Probate Rules.
Probate is required in Florida whenever a deceased person owned assets titled solely in their name without a beneficiary designation. Assets titled jointly with right of survivorship, accounts with named beneficiaries (life insurance, 401(k), IRA, POD/TOD accounts), property in a revocable trust, and property transferred by Lady Bird Deed pass outside probate.
Most Florida probate cases take 6 to 12 months from petition to final distribution. Formal administration of complex estates can run 12 to 24 months. Summary administration (for estates with non-exempt assets of $75,000 or less, or where the decedent has been deceased more than 2 years) typically wraps in 60 to 90 days.
Under Fla. Stat. § 733.6171, default attorney fees are 3% on the first $1,000,000 of estate value, 2.5% on the next $4,000,000, and reduced percentages above. Personal representative fees are set separately under Fla. Stat. § 733.617. Court filing fees and publication costs are additional. We offer flat-fee alternatives for many simpler estates and summary administrations.
Formal administration is the standard Florida probate process — it appoints a personal representative who receives Letters of Administration, gives notice to creditors, inventories the estate, pays claims, and distributes assets. Summary administration is the expedited process for small estates (non-exempt assets $75,000 or less) or estates where the decedent died more than 2 years ago. Summary does not appoint a personal representative.
Assets that pass outside Florida probate include: property held in a revocable living trust; joint tenancy with right of survivorship; accounts with named beneficiaries (401(k), IRA, life insurance); payable-on-death (POD) bank accounts; transfer-on-death (TOD) investment accounts; homestead property protected by Florida Constitution Article X, § 4; and real estate transferred by a Lady Bird Deed (enhanced life-estate deed).
Florida law (Fla. Stat. § 733.302-.304) requires the personal representative to be either a Florida resident, or — if a non-resident — a legally adopted child or adoptive parent, a relative by blood, marriage, or adoption, or the spouse of any of these. Banks and trust companies authorized to do business in Florida may also serve. Convicted felons and minors are disqualified.
Letters of Administration are the official court order issued by a Florida probate judge that confirms the personal representative’s authority to act for the estate. Banks, title companies, and other third parties typically require certified copies of the Letters before releasing or transferring estate assets. Letters are typically issued within a few weeks of filing the petition for formal administration.
Under Fla. Stat. § 733.701-.702, the personal representative must publish notice to creditors in a newspaper of general circulation and serve known creditors directly. Known creditors have 30 days from personal service or 3 months from first publication (whichever is later) to file claims. Unknown creditors have 2 years from the date of death under Fla. Stat. § 733.710 statute of repose.
Ancillary probate is a secondary Florida probate opened when a non-Florida-resident decedent owned real estate or personal property in Florida. Under Fla. Stat. § 734.102, the Florida court has authority over the Florida-situs assets. This is most common with seasonal residents who lived elsewhere but owned a Florida home or condo. The primary probate happens in the decedent’s home state; we handle the Florida side.
In most cases, yes. Florida Probate Rule 5.030 requires the personal representative in formal administration to be represented by a Florida-licensed attorney, unless the personal representative is the sole interested person or is themselves a Florida-licensed attorney. Summary administration can sometimes be filed pro se, but the procedural complexity and the personal representative’s fiduciary exposure make legal representation a meaningful protection.
Florida homestead — the decedent’s primary residence — has special protected status under Florida Constitution Article X, § 4. Homestead passes outside probate to a surviving spouse and minor children with significant protection from creditors. Homestead can be devised by will only in limited circumstances. Determining homestead status often requires a separate court order (Petition to Determine Homestead Status) under Fla. Prob. R. 5.405.
Florida probate is not always necessary. The general rule: assets pass through probate only when they were titled solely in the decedent’s name without an automatic transfer mechanism (joint title, beneficiary designation, trust, etc.). Here is how common asset types fare:
| Asset Type | Probate? | Why |
|---|---|---|
| Bank account, solely titled, no POD/TOD beneficiary | YES | No automatic transfer mechanism — court order required |
| Bank account, joint with right of survivorship | NO | Passes by operation of law to surviving joint owner |
| Bank account with POD beneficiary | NO | Payable-on-death designation overrides probate |
| 401(k), IRA, or pension with named beneficiary | NO | Beneficiary designation controls — bypasses probate |
| 401(k), IRA with NO named beneficiary | YES | Default payable to the estate — probate required |
| Life insurance with named beneficiary | NO | Contract controls; proceeds bypass the estate |
| Life insurance payable to estate | YES | Proceeds flow into probate |
| Real estate, solely titled | YES | Title cannot pass without a court order |
| Real estate, joint with right of survivorship | NO | Survivor takes title automatically |
| Real estate in revocable living trust | NO | Trust controls — that is the entire point of the trust |
| Real estate transferred by Lady Bird Deed | NO | Enhanced life estate vests automatically at death |
| Florida homestead with surviving spouse/minor children | SPECIAL | Article X § 4 — passes outside probate but requires court determination of homestead status |
| Vehicles, solely titled (one or two) | SUMMARY | DHSMV summary transfer process available — full probate often not needed |
| Business interests, solely owned | YES | Court order needed to transfer ownership |
| Tangible personal property in the home | DEPENDS | If part of probate estate, distributed per will or intestate share |
This table is general guidance, not legal advice — exceptions exist for every category. Call 877-206-0022 for a free review of your specific situation.
Most Florida probates fall into one of these six patterns. The right strategy and timeline depend on which one fits your case.
The will names a personal representative and distributes assets. We file the petition, qualify the PR, and administer per the will. Typical timeline: 6-12 months for uncontested estates with straightforward assets.
Florida’s intestate succession statute (Fla. Stat. § 732.101 et seq.) controls distribution. Surviving spouse takes either 100% or 50%, depending on whether descendants exist and whether they are also children of the spouse. We petition for administration and ensure the right heirs are identified and notified.
Florida opens ancillary probate under Fla. Stat. § 734.102. The primary (domiciliary) probate happens in the decedent’s home state; we handle the Florida side — typically faster and less expensive than a full Florida probate.
Will contests are filed under Fla. Stat. § 733.107 — typical grounds are lack of testamentary capacity, undue influence, fraud, improper execution, or revocation. We defend or prosecute these claims. The will contest pauses distribution and significantly extends the timeline.
Florida pursues estate recovery against the probate estate under Fla. Stat. § 409.9101. Homestead is generally protected from Medicaid recovery. We coordinate with AHCA claims, navigate hardship waivers where applicable, and protect exempt property.
Florida law sets a strict priority order for paying claims (Fla. Stat. § 733.707) and allows the personal representative to formally close an insolvent estate without personal liability if the procedure is followed correctly. We sequence payments and protect the PR from claims of preference or breach of fiduciary duty.
Formal administration is the standard Florida probate track for estates with non-exempt assets over $75,000. Here is exactly what happens, in order.
30 minutes by phone or video, no obligation. We review the death certificate, any will, and the asset list to identify whether formal administration, summary administration, or ancillary probate fits your situation — and what the realistic cost and timeline look like.
We prepare and file the Petition for Administration in the proper Florida circuit court — typically the county where the decedent was domiciled (Fla. Stat. § 733.101). We also file the original will (if any), the oath of personal representative, and any required waivers.
Once the judge enters the order, the clerk issues Letters of Administration — the official document banks, title companies, and brokerages need before releasing estate assets. Letters typically issue within 2 to 6 weeks of filing, depending on the county and any objections.
Under Fla. Stat. § 733.2121, the personal representative publishes notice in a newspaper of general circulation in the county and serves known or reasonably ascertainable creditors directly. Known creditors get 30 days from service; unknown creditors get 3 months from first publication.
Within 60 days of issuance of Letters (Fla. Prob. R. 5.340), the personal representative files a verified inventory of all probate assets with the court and serves it on interested persons. Real estate may require an appraisal; closely-held business interests may require valuation experts.
Valid claims get paid in the statutory priority order under Fla. Stat. § 733.707 (admin expenses → funeral expenses → taxes → Class 5 claims). Disputed claims trigger objection procedures and may require independent action filed by the creditor within 30 days of the objection.
After all valid debts and taxes are paid, the personal representative distributes the remaining assets per the will or intestate succession, files a final accounting (Fla. Prob. R. 5.346), obtains receipts and waivers from beneficiaries, and petitions for discharge — closing the estate.
A typical uncontested formal Florida probate runs 9 to 14 months from filing to discharge. Complex estates, contested wills, or significant tax issues can extend this to 18-30 months. Here is what happens when:
| Timing | Phase | What Happens |
|---|---|---|
| Weeks 1-2 | Death & Document Gathering | Order certified copies of the death certificate (long form). Locate the original will (Florida law requires the original — copies face additional procedural hurdles). Identify the executor named in the will, or the heirs if no will exists. Collect financial statements, deed copies, and beneficiary information. |
| Month 1 | Petition Filed | We file the Petition for Administration in the proper county circuit court along with the original will, the oath of personal representative, and supporting documents. Filing fee is set by statute. |
| Month 2-3 | Letters of Administration Issued | Once the court approves the petition, Letters of Administration are issued. The personal representative now has authority to act for the estate — open the estate bank account, access financial accounts, and begin gathering assets. |
| Month 2-3 | Notice to Creditors Published | First publication starts the 3-month creditor period for unknown creditors. Known creditors are served directly and have 30 days from service to file claims. |
| Month 2-4 | Inventory Filed | Within 60 days of Letters, the personal representative files a verified inventory of probate assets with the court (Fla. Prob. R. 5.340). |
| Month 5-6 | Creditor Claim Period Closes | The 3-month creditor period ends. The personal representative reviews all timely claims, pays valid ones in statutory priority order, and objects to invalid claims. |
| Month 6-9 | Asset Liquidation & Claim Resolution | Real estate is sold or distributed in kind, investment accounts are closed, vehicles are transferred or sold. Disputed creditor claims are resolved through objection procedures or independent actions. |
| Month 9-11 | Tax Returns & Final Accounting | Final federal income tax return for the decedent (Form 1040) and estate fiduciary return (Form 1041) are filed. Florida has no estate tax, but federal estate tax may apply for estates over the federal exemption. |
| Month 10-12 | Distribution | After all debts and taxes are paid and reserves set aside, the personal representative distributes remaining assets to beneficiaries per the will or intestate succession. |
| Month 11-12+ | Discharge | Final accounting filed with the court along with petition for discharge. Once approved, the estate is officially closed and the personal representative is released from further duties. |
Bring what you have to your first meeting — we will work with whatever is available and help you obtain the rest:
Most Florida probates close without litigation. These are the six issues that, when they do arise, define the next 12+ months of the case:
A beneficiary or omitted heir challenges the validity of the will. Common grounds: lack of testamentary capacity, undue influence, fraud, improper execution, or revocation. Florida Statute § 733.107 governs the burden of proof — typically on the contestant, unless the proponent stands in a confidential relationship and actively procured the will, which shifts the burden.
A creditor files an inflated claim or claims an unsecured debt should take priority. Personal representatives must object within 30 days under Fla. Stat. § 733.705(2). Once objected to, the creditor has 30 days to file an independent action — failure to do so bars the claim.
Florida requires the original will (Fla. Stat. § 732.901). When only a copy exists, the proponent must overcome a presumption that the decedent revoked it by destruction. Fla. Stat. § 733.207 (lost or destroyed wills) sets a higher evidentiary bar.
Self-dealing, commingling estate funds, failing to account, or favoring one beneficiary over others all expose the personal representative to removal under Fla. Stat. § 733.504 and surcharge. Beneficiaries have standing to petition for removal and accounting.
Article X, § 4 of the Florida Constitution gives surviving spouses and minor children powerful homestead protections. Disputes arise over whether the property qualified as homestead, whether a devise was permitted, and how proceeds of a sale flow.
Non-Florida heirs sometimes resist Florida probate procedures or attempt to litigate in their home state. Florida circuit courts retain jurisdiction over Florida-situs assets; we coordinate with out-of-state counsel where needed.
Florida sets default probate attorney fees by statute. Under Fla. Stat. § 733.6171, the reasonable-fee schedule is:
Personal representative compensation is set separately under Fla. Stat. § 733.617 at similar percentages. Court filing fees, publication costs, and bond premiums (if required) are additional.
For simpler estates and summary administrations we offer flat-fee alternatives that often save the family money. Most cases run between $3,500 and $5,000 in attorney fees, depending on estate size and complexity.
We provide a written engagement letter with the agreed fee structure before any work begins.
When Florida probate goes sideways — will contests, PR removal, accounting disputes, family settlement agreements — these guides explain the law, the deadlines, and the evidence required.
We handle Florida probate filings in every major county through our Brandon and St. Petersburg offices, with statewide reach for trust and probate litigation appeals.
Specific Florida probate topics covered in dedicated guides.
Managing Attorney, Zoecklein Law, P.A.
Florida Bar No. 0085615 · Stetson Law (J.D. cum laude) · Statewide Florida practice in probate, trust litigation, and estate planning.
