Florida probate guide
When a loved one dies in Florida, the practical work begins quickly. This guide walks through what probate means in plain language, what specific steps to take in Florida, what it costs, and where the state form differs from the national norm.
Probate is the court supervised process of settling a person's estate after they die. The court confirms the will (if any), appoints someone to act as the legal representative (executor or administrator), and oversees the gathering of assets, payment of debts and taxes, and final distribution to the heirs.
Not everything goes through probate. Life insurance with a named beneficiary, retirement accounts with a beneficiary, payable on death bank accounts, and assets held in a living trust all pass directly to the named person without court involvement. Probate handles what is left, which is often the house, individually held bank accounts, vehicles, and personal property.
| Item | Typical cost |
|---|---|
| Court filing fee | $400 |
| Publication of notice to creditors | $100 to $400 |
| Certified death certificates (10 copies) | $200 to $350 |
| Probate bond (if required) | $200 to $1,000 |
| Attorney fees (mid sized estate) | $1,000 to $5,000 |
| Executor compensation (if claimed) | 3.0% of estate value |
| Total estimate | $1,600 to $6,500 |
If the deceased owned less than $75,000 in personal property (cars, bank accounts, household items - usually excluding real estate), you may be able to use a small estate affidavit instead of full probate. You complete a short sworn form, attach the death certificate, and present it directly to banks or other holders of the assets. No court hearing required.
The small estate process typically takes 30 to 45 days from death and costs under $100 in total. The form is available from the Florida courts website.
If your loved one was a U.S. military veteran, you may be entitled to a free burial in a national or state veterans cemetery, a burial allowance of up to $2,000 from the VA, military funeral honors at no charge, and a survivor pension (DIC) if the death was service related. Florida has both national and state veterans cemeteries - your funeral director can help with the application, or you can apply through the VA burials and memorials portal directly.
Florida is a common law property state. Assets are owned by whoever holds title, with statutory shares protecting a surviving spouse.
If the deceased received Medicaid (long term care benefits in particular), Florida is required by federal law to attempt estate recovery against the probate estate. This means the state may file a claim for reimbursement before heirs receive their share. Talk to a probate attorney before transferring any assets if Medicaid was involved.
Florida does not have a broadly used transfer on death deed for real estate, so the house typically passes through probate unless it was held jointly or in a trust.
Every family's situation is different. These guides go deeper on the most common circumstances:
Most Florida estates settle in 6 to 12 months, longer if there is a will contest, real estate to sell, or out of state heirs.
Not always. Small estates under $75,000 usually qualify for a simplified affidavit you can file yourself. Larger or contested estates almost always need a probate attorney.
The court filing fee is about $400. Lawyer fees typically run from $1,000 to $5,000 on a mid sized estate, plus publication and appraisal costs.
Florida intestate succession law decides who inherits. The surviving spouse and children come first, then parents, then siblings. The court appoints an administrator instead of an executor.
Sometimes. Assets with named beneficiaries (life insurance, retirement accounts, payable on death bank accounts) pass outside probate. Joint property with right of survivorship also bypasses court. A living trust avoids probate for assets titled in the trust.