Florida

Probate in Florida

Florida uses a two-track probate system: formal administration for larger estates and summary administration for smaller ones. Florida probate is handled by the circuit court in the county where the decedent lived at the time of death.

Florida formal administration does not use a statutory percentage fee schedule, but attorney fees must be "reasonable" — and the Florida Probate Code provides a suggested fee schedule based on estate size that courts often reference. For estates under $1 million, that's typically 3% of the estate value. Both the attorney and the personal representative (Florida's term for executor) may be compensated.

Florida does not allow independent administration in the way Texas does — all formal probate estates require some level of court supervision. This makes Florida's formal probate more time-consuming than Texas's, though generally faster and less expensive than California's. Expect 9–18 months for formal administration.

One important Florida rule: a personal representative must be a Florida resident or a close family member of the decedent (spouse, child, sibling, parent). A non-resident, non-family member generally cannot serve as personal representative in Florida — relevant if you named a friend in another state as executor.

Simplified estate procedures

Summary administration (Florida Statutes §735.201): Available when the value of the estate subject to administration in Florida does not exceed $75,000 (excluding exempt property), or when the decedent has been dead for more than two years. Summary administration requires a court petition but is significantly simpler and faster than formal administration — typically taking 2–6 months.

Disposition without administration: Available for very small estates where the only assets are personal property that doesn't exceed the cost of funeral expenses and last medical bills. A letter from the court (not a full probate proceeding) can direct assets to a creditor who paid those expenses.

Homestead real property: Florida's homestead property has special rules. If the homestead is devised to the surviving spouse or descendants, it may pass outside of probate entirely under certain conditions. The homestead exemption is powerful but comes with restrictions on who can inherit the property — a spouse cannot freely devise the homestead away from lineal descendants if a spouse or minor child survives.

Death certificates

Florida death certificates are issued by the Florida Department of Health (DOH) through county vital statistics offices. The cost is $10 for the first certified copy and $4 for each additional copy ordered at the same time from the county vital statistics office; online orders through VitalChek cost slightly more.

The funeral home will file the death certificate and can order copies at that time — request at least 10–12 certified copies upfront. For additional copies, contact the county health department in the county where the death occurred.

Estate and inheritance tax

Florida has no state estate tax and no inheritance tax — one reason it remains a popular retirement destination. The federal estate tax applies only to estates above $13.61 million (2024 threshold).

Florida homestead rules

Florida's homestead laws are among the most complex and protective in the country, operating on three levels:

Tax exemption: The Save Our Homes assessment cap limits increases on homestead property to 3% per year or the CPI increase, whichever is lower. This benefit does not transfer to a new owner — inheriting a Florida home means the property will be reassessed at market value, potentially significantly increasing property taxes.

Creditor protection: The Florida homestead is exempt from forced sale by most creditors during the owner's lifetime and extends some protection after death as well. This is a constitutional protection.

Devise restrictions: If a married person or a person with minor children attempts to devise the homestead to anyone other than their spouse, the devise is void (subject to limited exceptions). The homestead must pass to the spouse outright or as a life estate with a remainder to the lineal descendants. This restriction catches many people off guard who attempt to leave the home to someone other than a spouse.

Notable rules

• Non-resident personal representative: Florida requires the personal representative to be a Florida resident or related to the decedent by blood, marriage, or adoption. Choose your executor with this in mind if you're a Florida resident.
• Creditor claim period: Three months from the date of first publication of notice to creditors, or 30 days from personal service of notice on a known creditor — whichever is later. After two years from death, most creditor claims are barred regardless.
• Pretermitted spouse: If you marry after making a will and the will doesn't provide for the new spouse, Florida law entitles the surviving spouse to an intestate share of the estate. Update your will after marriage.
• Slayer statute: A person who unlawfully and intentionally kills the decedent cannot benefit from that death under Florida law — they are treated as having predeceased the decedent.

Key contacts

• Florida DOH vital statistics: floridahealth.gov/vital-statistics
• Florida courts probate locator: flcourts.org
• Florida Bar lawyer referral: floridabar.org