How Probate Works in Florida

Formal administration: file a petition for administration and deposit the original will with the circuit court clerk; the court issues letters of administration to the personal representative; the personal representative serves a notice of administration on interested persons, publishes a notice to creditors once a week for 2 consecutive weeks and serves it on known or reasonably ascertainable creditors; files a verified inventory of estate property; pays valid claims, expenses and taxes; then files a final accounting and petition for discharge, and the court enters an order of discharge.

Summary administration is available if the will (if any) does not direct regular administration and either the Florida estate subject to administration, less property exempt from creditors (such as protected homestead), is worth no more than $150,000, or the decedent has been dead more than 2 years. A beneficiary or nominated personal representative files the petition; it must be signed and verified by the surviving spouse and the beneficiaries. Before the order, the petitioner must make a diligent search for creditors and provide for known claims. The court then orders distribution directly, without appointing a personal representative.

Claims must be filed by the later of 3 months after the first publication of the notice to creditors, or 30 days after a creditor who must be served receives the notice. Late claims are barred unless the court extends the time. In any case, claims are barred 2 years after the date of death unless already timely filed.

A Florida resident who is an adult (18+) and legally competent may serve as personal representative. A person convicted of a felony (or certain elder or disabled-adult abuse offenses), or who is unable to perform the duties, may not serve. A non-resident may serve only if closely related to the decedent: a legally adopted child or adoptive parent, a lineal blood relative, a spouse, brother, sister, uncle, aunt, nephew or niece (or a lineal relative of one of them), or the spouse of a person who would qualify. A bond is required unless the court waives it; authorized banks and trust companies are exempt.

Florida has no general small estate affidavit. Two limited options exist: (1) a bank may pay a family member up to $2,000 total from deposit accounts or CDs held in the decedent's sole name with no pay-on-death or survivor designation, no earlier than 6 months after death, on a sworn affidavit plus a certified death certificate; (2) 'disposition without administration': if the estate is only exempt personal property plus other personal property worth no more than the preferred funeral expenses and recent medical and hospital expenses, the court may authorize transfer by letter without a full probate. Neither option covers real estate.

Probate (settlement of decedents' estates and granting of letters testamentary) is handled by the circuit court in each county. Images or copies of court files governed by the Florida Probate Rules may not be placed on a publicly available website for general public display, so probate files are obtained from the county where the case was filed.