How Probate Works in Florida
Florida treats time itself as a qualifying factor for simplified probate: an estate can use the faster process either because it's small, or simply because two years have passed since the death — since Florida's creditor-claim statute bars all claims after that point regardless of notice.
Probate court
Circuit Court, Probate Division
Typical timeframe
6–12 months for formal administration; 1–2 months for Summary Administration
Small-estate affidavit limit
No flat dollar limit — see below
Simplified probate limit
$75,000
Creditor claim deadline
90 days
Community property state
No
Does Florida require probate?
Probate is required for any solely-titled asset without a beneficiary designation or trust. Florida is not a community property state, so a surviving spouse doesn't automatically own half of marital assets the way a California or Texas spouse would — instead, Florida gives spouses specific statutory protections (elective share, homestead rights, family allowance) that require their own court process to secure.
How to avoid full probate in Florida
- Summary Administration — available when the estate (excluding creditor-exempt property) is worth $75,000 or less, or when the decedent has been dead more than 2 years, in which case the dollar limit no longer applies.
- Disposition of Personal Property Without Administration — Florida's narrowest option, not a general small-estate affidavit like other states have. It's capped at whatever was actually paid for funeral costs and the last 60 days of final medical/hospital expenses, and applies only to personal property.
The probate process in Florida
Probate is handled by the Probate Division of the Circuit Court in the decedent's county. Formal administration requires publishing a Notice to Creditors and cannot close until the 3-month creditor window fully runs — this is the single biggest reason Florida probate rarely finishes in under six months even when uncontested.
Creditor claims in Florida
Creditors must file a claim within the later of 3 months after first publication of the Notice to Creditors, or 30 days after being personally served. Any claim not filed within 2 years of death is barred outright, which is also what makes Summary Administration available after that point.
Let Estate Assist handle the rest
Estate Assist reads the estate's documents, builds a personalized checklist, and drafts the letters you need — so you're not piecing this together alone.
Start your free action plan →Frequently asked questions
Do I need a lawyer for probate in Florida?
Florida requires an attorney to represent the personal representative in formal administration, with narrow exceptions (for example, if the personal representative is the estate's sole beneficiary) — this is stricter than most states.
What happens if there's no will?
Intestate succession under Florida law applies, and the court appoints a "personal representative" (Florida's term for both executor and administrator), typically starting with the surviving spouse.
Does waiting two years let me just skip probate?
It opens up Summary Administration, but real property title issues, unresolved creditor claims of record, and homestead complications typically still need addressing — waiting isn't a substitute for proper administration.
Related guides
Probate in other states
Florida figures checked against The Florida Senate — Official Florida Statutes §735.201 on July 22, 2026. Probate rules, thresholds, and deadlines change and are frequently adjusted for inflation; confirm current figures before relying on them. Estate Assist provides general information, not legal, financial, or tax advice.