How Florida Probate Works: Summary Administration and Full Probate (2026)

Florida offers two probate paths. For smaller estates ($150,000 or less after exempt property, or decedents who died more than 2 years ago), summary administration is streamlined and quick. For larger estates, full probate applies, where a Florida attorney must represent the personal representative unless the personal representative is the only interested person (Florida Probate Rule 5.030(a)).

Summary Administration (Smaller Estates)

Steps

1. Petition signed and verified by the surviving spouse and beneficiaries, or formal notice served on those who do not join (Section 735.203)
2. Diligent search and service on known creditors, and provide for payment, before the order (Section 735.206(2))
3. Deposit the original will with the clerk (Section 732.901); it is proved and admitted to probate as part of the petition (Section 735.206(1))
4. Court reviews the petition and assets; the judge enters the order of summary administration (typically within 4 to 6 weeks; typical, varies by county)
5. Distribute assets to the people entitled to them

There is no personal representative, no letters, no inventory, no estate account, no accounting and no discharge in summary administration. The order of summary administration lets you distribute the assets (Section 735.206(3)). Each person who receives property can be liable for a pro rata share of valid claims up to the value received, and after 2 years from the death neither the estate nor those who received property are liable for a claim unless proceedings were taken to enforce it (Section 735.206(4)(e), (f)). A known creditor who was not served can enforce the claim and recover attorney fees from those who joined in the petition (Section 735.206(4)(d)). Publishing notice to creditors is optional; if made and proved, claims of unknown creditors are barred unless filed within 3 months after first publication (Section 735.2063).

Timeline

Typically 2 to 4 months from start to finish (typical; varies by county).

No Waiting Period

Florida has no mandatory waiting period. You can file immediately after death.

Full Probate (Larger Estates)

For estates over $150,000 (and decedents who died within the last 2 years):

Attorney notice: Florida requires a personal representative to be represented by a Florida attorney unless the personal representative is the only person interested in the estate (Florida Probate Rule 5.030(a)). Use this plan to organize the work with your attorney.

1. Have your attorney file the petition with probate court
2. Get appointed as personal representative (4 to 8 weeks)
3. Serve the notice of administration on the surviving spouse and beneficiaries promptly (Section 733.212), and publish notice to creditors once a week for 2 consecutive weeks and serve reasonably ascertainable creditors (Section 733.2121); serve the Agency for Health Care Administration within 3 months after first publication if the decedent was 55 or older
4. Collect assets and file the inventory within 60 days after letters are issued (Probate Rule 5.340(a)); Florida inventories are confidential court records (Section 733.604(1)(b))
5. Creditor period (3 months after first publication, or 30 days after service on a creditor if later; outer bar 2 years after death) (Sections 733.702(1) and 733.710)
6. File accounting with court as required
7. Distribute assets (after the creditor deadline, taxes paid and any required court approval)
8. Close estate with court discharge

Timeline

Typically 6 to 12 months (typical; varies by county).

No Waiting Period

Florida has no waiting period in chapter 735, so a summary administration petition can be filed at any stage (Section 735.2055).

Use ExecutorBench's free eligibility checker to see the route that usually applies to your Florida numbers, then ask the clerk or a Florida attorney which procedure to file.

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Disclaimer: ExecutorBench is self-help software. It is not a law firm, it does not give legal advice, and it is not a substitute for the advice of an attorney. Using it does not create an attorney-client relationship, and what you enter is not protected by attorney-client privilege. For specific questions about Florida probate procedures, consult an attorney licensed in Florida.