The Complete Florida Probate Process Guide for Heirs (2026 Edition)
This Guide is for You:
Losing a loved one is hard enough without having to learn a brand new legal system on the fly. If you have been named an heir or personal representative in Florida, the Florida probate process is probably your next hurdle, and it can feel overwhelming. Deadlines, court filings, creditor notices, statutory fees, inherited property decisions: it is a lot to manage while you are grieving.
This 2026 guide walks you through exactly how probate works in Florida, what it costs, how long it takes, and what to expect if the estate is filed in Pinellas County. Whether you are dealing with a small estate that qualifies for summary administration or a larger estate that requires formal administration, you will leave this page knowing your next step.
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*Legal Disclaimer: This article is provided for general informational purposes only and does not constitute legal advice. Florida probate law is complex and fact-specific. Please consult a licensed Florida probate attorney for advice regarding your particular situation. Statute references and fee amounts are current as of 2026 but are subject to change.
What Is Probate in Florida?
Probate is the court-supervised legal process of validating a deceased person’s will (if one exists), identifying and appraising assets, paying valid debts and taxes, and distributing whatever remains to heirs or beneficiaries. Florida probate is governed by the Florida Probate Code, spanning Chapters 731 through 735 of the Florida Statutes.
Chapter 731 provides foundational definitions, including what counts as a “personal representative” (Florida’s term for what other states call an executor), a “beneficiary,” and “protected homestead.” Chapter 732 governs intestate succession, the elective share, and the family allowance, which applies when someone dies without a valid will. Chapter 733 covers how probate administration actually works, and Chapter 735 outlines the requirements for Summary Administration, the faster alternative to full probate.
Not every asset has to go through probate. Property held in a living trust, accounts with named beneficiaries (life insurance, IRAs, 401(k)s, payable-on-death bank accounts), real estate owned as joint tenants with right of survivorship or as tenants by the entirety, and homestead property passing to a surviving spouse or minor children all pass outside of probate. Everything else titled solely in the decedent’s name typically must go through the Florida probate process before ownership can legally transfer.
At a high level, here is how probate works in Florida: the court appoints a personal representative to manage the estate, creditors are given a window to make claims, valid debts are paid, and remaining assets are distributed according to the will or, if there is no will, under Florida’s intestate succession rules.
The Two Main Types of Florida Probate: Summary vs. Formal Administration
Florida law provides two primary probate pathways. Choosing the right one depends on the size and complexity of the estate.
Summary Administration (Chapter 735)
Summary Administration is Florida’s streamlined probate process, available when the value of the estate subject to probate is $75,000 or less (excluding exempt property such as homestead), or the decedent has been dead for more than two years, making creditor claims time-barred under Florida law.
Because there is no ongoing court supervision and no personal representative is appointed, Summary Administration is significantly faster and cheaper than Formal Administration. It typically completes in four to eight weeks. It is initiated by filing a Petition for Summary Administration in the appropriate probate court, along with a proposed order of distribution, the original will (if any), and a death certificate. The court then issues an order distributing assets directly to the beneficiaries.
Summary Administration works well for families inheriting a single Florida property or a modest bank account. It has limitations, though: it does not work well when the estate carries significant debts, ongoing business interests, or assets in multiple states requiring ancillary probate.
Formal Administration (Chapter 733)
Formal Administration is required when the estate’s probate assets exceed $75,000 and the decedent died within the past two years. It is also the appropriate path when the estate is complex, such as when there are multiple creditors, disputed claims, or minor beneficiaries.
The court appoints a personal representative and issues Letters of Administration, the legal document authorizing that person to act on behalf of the estate. From there, the personal representative must inventory all estate assets, notify creditors (who have 90 days to file claims under Florida law), pay valid debts and taxes, and distribute remaining assets to beneficiaries according to the will or intestate succession rules.
Formal Administration typically takes nine to eighteen months, and longer for estates involving contested wills, litigation, or complex assets.
A Third Option for Very Small Estates
There is a narrow third option called Disposition of Personal Property Without Administration under Chapter 735. It applies only to tiny estates with no real property, where the assets are essentially just enough to cover final medical bills and funeral expenses from the last 60 days. Most heirs will not qualify, but it is worth knowing it exists.
The Two Main Types of Florida Probate (Summary vs Formal)
Florida has two primary probate tracks. Picking the right one is the single biggest decision that affects your timeline and cost.
Summary administration Florida is the simplified, faster track. Under Florida Statute 735.201, an estate qualifies for summary administration if the value of the probate estate (minus the value of property exempt from creditor claims, like homestead) is $75,000 or less, or the decedent has been dead for more than two years. There is no personal representative appointed. Instead, the court issues an order directly distributing the assets to the beneficiaries. Summary administration can often wrap up in four to eight weeks if the paperwork is clean.
Formal administration Florida is the standard, full probate process under Chapter 733. It is required for most estates over $75,000 in non-exempt assets where the decedent died within the last two years. A personal representative is officially appointed by the court, letters of administration are issued, creditors are formally notified, and the estate is administered through closing. Formal administration typically takes six to twelve months, sometimes longer if there is a contested will, litigation, or complex assets.
There is also a third, very narrow option called “Disposition of Personal Property Without Administration” under Chapter 735, which is reserved for tiny estates with no real property, where the assets are essentially just enough to cover final medical bills and funeral expenses from the last 60 days. Most heirs will not qualify for this, but it is worth knowing it exists.
The Two Main Types of Florida Probate: Summary vs. Formal Administration
Florida law provides two primary probate pathways. Choosing the right one depends on the size and complexity of the estate.
Summary Administration (Chapter 735, Florida Statutes)
Summary Administration is Florida’s streamlined probate process. It is available when:
- The value of the estate subject to probate in Florida is $75,000 or less (excluding exempt property such as the homestead), OR
- The decedent has been dead for more than two years (making creditor claims time-barred under Florida law).
Because there is no ongoing court supervision and no personal representative is appointed, Summary Administration is significantly faster and cheaper than Formal Administration and typically completes in 4 to 8 weeks. It is initiated by filing a Petition for Summary Administration in the appropriate probate court, along with a proposed order of distribution, the original will (if any), and a death certificate.
Summary Administration is popular for families who inherit a single Florida property or a modest bank account. However, it has limitations: it does not work well when the estate has significant debts, ongoing business interests, or assets in multiple states requiring ancillary probate.
Formal Administration (Chapter 733, Florida Statutes)
Formal Administration is required when the estate’s probate assets exceed $75,000 or when the decedent died within the past two years (unless certain exceptions apply). It is also the appropriate path when the estate is complex, including when there are multiple creditors, disputed claims, or minor beneficiaries.
Under Formal Administration, the court appoints a personal representative, who is granted Letters of Administration, which is the legal document that authorizes the personal representative to act on behalf of the estate. The personal representative must then inventory all estate assets, notify creditors (who have 90 days to file claims under Florida law), pay valid debts and taxes, and ultimately distribute remaining assets to beneficiaries.
This process is governed by Chapter 733, which sets out notice requirements, the creditor claims process, accounting standards, and the duties of the personal representative. Formal Administration typically takes 9 to 18 months or longer for complex estates.
| Factor | Summary Administration | Formal Administration |
|---|---|---|
| Estate Value | ≤$75,000 (or 2+ yrs since death) | Any amount; required >$75,000 |
| Personal Representative | None appointed | Court-appointed; Letters of Administration issued |
| Typical Timeline | 4–8 weeks | 9–18+ months |
| Court Supervision | Minimal | Ongoing throughout process |
| Attorney Required? | Recommended; sometimes required | Yes, strongly required |
| Best For | Simple estates, single asset | Complex estates, significant debts, disputes |
7 Steps on How Florida Probate Works
Here is what the Florida probate process looks like from the day someone passes away to the day the estate is closed.
Step 1: Deposit the Will and File a Petition
Under Florida Statute 732.901, the custodian of the original will must deposit it with the clerk of the circuit court in the county where the decedent lived within 10 days of learning of the death. This is a strict deadline, and the filing is free.
Probate is then initiated by filing a petition for administration in the circuit court of the county where the decedent was domiciled at death. In Pinellas County, that means the Sixth Judicial Circuit Court, Probate Division, administered through the Pinellas County Clerk of the Circuit Court. The petition must include the original will (if any), a certified death certificate, a filing fee, and information about heirs and known assets.
Step 2: Court Appoints the Personal Representative
The court reviews the petition and, assuming the named personal representative is qualified under Florida law, signs an order admitting the will and appointing the representative. The clerk then issues Letters of Administration, the legal document authorizing the personal representative to collect assets, open estate accounts, and deal with third parties. Banks, title companies, and other institutions will ask for these letters before discussing estate assets with anyone.
Step 3: Inventory All Estate Assets
Within 60 days of receiving Letters of Administration, the personal representative must file a verified inventory with the court listing all probate assets and their fair market value as of the date of death. Real estate must typically be appraised by a licensed appraiser.
Step 4: Notify Creditors
The personal representative publishes a Notice to Creditors in a local newspaper for two consecutive weeks and serves known creditors directly with written notice. Under Florida law, creditors have 90 days from the date of first publication, or 30 days from the date of direct written notice, whichever is later, to file a claim. After that deadline, most claims are barred. This creditor window is one of the primary reasons Florida probate takes as long as it does.
Step 5: Pay Valid Debts, Taxes, and Expenses
Once the creditor claim period closes, the personal representative reviews all claims and pays valid ones in the priority order set out in Florida Statutes 733.707: costs of administration, funeral expenses, family allowances, secured claims, and unsecured debts, in that order. Florida has no state estate or inheritance tax. Federal estate tax applies only to very large estates, but the decedent’s final income tax return is always required.
Step 6: Distribute Remaining Assets
After debts and expenses are paid, remaining assets are distributed to beneficiaries according to the will, or if there is no will, according to Florida’s intestate succession laws under Chapter 732.
Step 7: Close the Estate
The personal representative files a final accounting and a Petition for Discharge. Once the court signs the discharge order, the estate is officially closed.
How Long Does Florida Probate Take?
One of the most common questions heirs ask is: how long does probate take in Florida? The short answer depends on the type of administration and the complexity of the estate.
- Summary Administration: 4 to 8 weeks in straightforward cases, assuming all documents are in order and there are no creditor disputes.
- Formal Administration (uncomplicated estate): 6 to 12 months. The mandatory 90-day creditor claim window alone accounts for roughly three months.
- Formal Administration (complex or contested estate): 18 months to several years if litigation arises, such as will contests, disputed creditor claims, or disagreements among beneficiaries.
Florida Statutes § 733.901 requires the personal representative to complete and close the estate without unreasonable delay. However, the court has broad discretion in what “unreasonable” means. Practically speaking, delay is most commonly caused by: missing heirs, property in multiple states requiring ancillary probate, pending creditor disputes, or real estate that is difficult to sell.
Key Deadline to Know
Florida Statutes § 733.2121 requires that a Notice to Creditors be published within three months of appointment of the personal representative. Missing this deadline can expose the personal representative to personal liability for creditor claims.
How Much Does Florida Probate Cost?
Probate cost in Florida is a frequent concern for heirs; it is a legitimate one. Costs vary widely depending on estate size and complexity, but here is what to expect:
Court Filing Fees
Filing fees in Pinellas County vary based on the value of the estate. As of 2026, fees generally range from approximately $235 to $400 for the initial petition, with additional fees for subsequent filings. Always confirm current fee schedules directly with the Pinellas County Clerk of the Circuit Court at pinellasclerk.gov.Attorney’s Fees
Florida Statutes § 733.6171 provides a fee schedule for “reasonable” compensation for probate attorneys based on the gross value of the probate estate:- 3% of the first $1 million
- 2.5% of the next $1 million
- 2% of the next $3 million
- 1.5% of the next $5 million
Personal Representative Compensation
The personal representative is also entitled to reasonable compensation under Florida Statutes § 733.617, calculated using the same percentage schedule as attorney’s fees. Many family members serving as personal representatives waive this fee, but it is permitted.Other Costs
Additional costs may include: publication fees for the Notice to Creditors (typically $100–$200), property appraisal fees, accountant fees if estate tax returns are needed, and bond premiums if the court requires the personal representative to be bonded. All told, probate on a moderately complex estate in Florida often costs between 3% and 7% of the gross estate value.Probate Specifics in Pinellas County
If the decedent was a resident of Pinellas County, Florida, probate is handled by the Pinellas County Probate Division of the Sixth Judicial Circuit Court. Here is what you need to know about local practice: Where to file: Probate petitions are filed with the Pinellas County Clerk of the Circuit Court. The Clerk’s office is located in Clearwater, and the court’s official website (pinellasclerk.gov) provides current fee schedules, required forms, and procedural information. E-filing: Florida courts now use the Florida Courts E-Filing Portal for most probate filings. Most attorneys file electronically, but self-represented parties (pro se) may also use the portal or file in person at the Clerk’s office. Judge assignment: The Sixth Judicial Circuit has dedicated probate judges. Cases are assigned randomly. Pinellas County probate judges are generally efficient, but wait times for hearings can vary from several weeks to a few months depending on the court’s docket. Finding an attorney: If you need a probate attorney in Pinellas County, the Florida Bar Lawyer Referral Service (floridabar.org/public/lfrs) can connect you with a qualified attorney for an initial consultation, typically at a reduced fee.Can You Sell an Inherited House Before Probate Is Complete?
This is one of the most practical questions heirs ask, particularly when carrying costs like mortgage payments, property taxes, insurance, and maintenance are accumulating on a property they didn’t expect to own.
The short answer: Generally, no. You cannot finalize the sale of inherited real estate until the probate court has properly authorized the transfer. Florida law requires that title to real property pass through probate before it can be conveyed to a buyer with clear title.
However, there are important exceptions and practical options:
- Summary Administration: If the estate qualifies, Summary Administration can sometimes be completed in 4 to 8 weeks, meaning the inherited property could be listed and sold relatively quickly after filing, with the sale closing after probate concludes.
- Living trust: If the decedent held the property in a revocable living trust, probate is bypassed entirely and the successor trustee can sell the property without court involvement.
- Listing during probate: You can list and accept an offer on a property during Formal Administration, but the sale cannot close until the court issues an order authorizing the distribution or sale. Many buyers, particularly cash buyers experienced with estates, will wait for probate to conclude.
- Homestead property: Florida’s constitutional homestead protections add another layer of complexity to inherited real estate. How the property can be sold or devised depends on the decedent’s marital status and the identities of the heirs.
If you’ve inherited a property in Pinellas County and need to sell quickly, even before probate concludes, you may want to explore your options with a company that specializes in inherited properties. Learn more about what to do after inheriting a house, or get details on how to sell an inherited house in Largo fast.
When You Need a Probate Attorney and When You Do Not
Florida Statutes § 733.6171 and related provisions strongly favor attorney involvement in probate, and for good reason: errors can expose the personal representative to personal liability or delay the estate closure significantly.
When an Attorney Is Essentially Required
- The estate’s gross value exceeds $75,000 (Formal Administration is required and court appearances are common)
- There is no will and heirs are in dispute about how the estate should be distributed
- There is a will contest, meaning someone is challenging the validity of the will
- The estate has significant debts, creditor claims, or ongoing litigation
- The decedent owned a business or real estate in multiple states
- There are minor or incapacitated beneficiaries
When You May Proceed Without Full Legal Representation
- The estate qualifies for Summary Administration with a clear, uncontested will
- All heirs are adults and agree unanimously on distribution
- The estate’s only asset is a small bank account or personal property with no real estate
Even in simpler cases, a one-time consultation with a Florida probate attorney can help you avoid costly mistakes. The Florida Bar Lawyer Referral Service can connect you with a qualified attorney who offers initial consultations at a fixed reduced fee.
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What Happens If There's No Will: Intestate Succession in Florida
When someone dies without a valid will in Florida, they are said to have died “intestate.” The estate is then distributed according to Chapter 732 of the Florida Statutes, Florida’s intestate succession law, regardless of what the decedent may have wished.
Here is how Florida’s intestate succession works in common scenarios:
- Married, no children: The surviving spouse inherits the entire probate estate.
- Married with children (all of whom are also the surviving spouse’s children): The surviving spouse inherits the entire estate.
- Married with children (one or more of whom are not the surviving spouse’s children): The surviving spouse receives one-half of the estate; the decedent’s descendants receive the other half.
- Not married, with children: Children inherit the entire estate in equal shares. If a child predeceased the decedent, that child’s share passes to their own children (the decedent’s grandchildren).
- Not married, no children: The estate passes to the decedent’s parents, then siblings, and so on up the family tree.
The elective share: Even when a will exists, Florida Statutes § 732.201 gives a surviving spouse the right to claim an “elective share” equal to 30% of the “elective estate”, a broad concept that includes not just probate assets but also many non-probate assets. This right must be exercised within the statutory deadline and can be a significant factor in estate planning and administration.
Common Probate Mistakes That Cost Heirs Money
Navigating Florida probate without proper guidance can result in expensive errors. Here are the most common pitfalls heirs and personal representatives encounter:
1. Failing to Open Probate Promptly
While there is no hard deadline to open probate in Florida, delay can cause serious problems: creditors may pursue litigation, assets may depreciate (especially real estate), and family tensions can escalate. If the decedent owned a home, homestead insurance policies may also lapse if the property sits vacant and unaddressed.
2. Distributing Assets Before Paying Creditors
Florida Statutes § 733.707 establishes a strict priority order for paying estate debts. Personal representatives who distribute assets to beneficiaries before satisfying creditor claims can be held personally liable for those debts. This is one of the most serious mistakes in probate administration.
3. Failing to File the Notice to Creditors
Publishing the Notice to Creditors in a local newspaper is not optional; it is a statutory requirement under Florida Statutes § 733.2121. Skipping this step can leave the estate open to creditor claims long after you believe the estate is closed.
4. Missing the Homestead Designation
Florida’s homestead protections are among the strongest in the nation, but they must be properly identified and handled during probate. Mishandling homestead property can result in invalid transfers, title defects that cloud future sales, or loss of valuable tax exemptions.
5. Not Accounting for All Estate Assets
Heirs sometimes overlook digital assets (cryptocurrency, online accounts, loyalty point balances), out-of-state real property requiring ancillary probate, or financial accounts without beneficiary designations. A thorough asset search at the outset saves time and money later.
6. Trying to Handle Complex Estates Without an Attorney
We understand the impulse to save money by going it alone. But the cost of a probate attorney is typically a fraction of what a poorly handled estate can cost in mistakes, delays, and liability. If you’re unsure where to start, contact us and we can point you toward the right local resources for your situation.
Probate Specifics in Pinellas County
If the decedent lived in Largo, Clearwater, St. Petersburg, Seminole, Pinellas Park, or anywhere else in Pinellas County, the case will be filed with the Pinellas County probate division.
The Sixth Judicial Circuit Court of Florida handles probate for Pinellas and Pasco counties. Pinellas County probate cases are filed with the Pinellas County Clerk of the Circuit Court at pinellasclerk.gov. Most filings are handled electronically through the Florida Courts E-Filing Portal, and hearings are scheduled through the probate division at the Clearwater or St. Petersburg courthouses.
Practical tips for Pinellas County filings: the clerk’s office publishes checklists for each type of administration on mypinellasclerk.gov, and using those checklists cuts down on the number of deficiency notices you will receive. The probate division also requires specific local forms for orders, and judges in the Sixth Circuit often have individual preferences on formatting, so if you are self-filing, downloading the judge-specific instructions before you submit can save you weeks.
Pinellas County also has one of the larger probate dockets in Florida, so building in a few extra weeks for hearings is realistic. If you need help finding a probate attorney locally, the Florida Bar Lawyer Referral Service is a good starting point for a vetted referral.
Inherited a Property in Pinellas County? We Can Help.
Navigating the Florida probate process while managing an inherited property can feel overwhelming. Largo Home Buyers specializes in helping families in exactly this situation, and we work with heirs and estates to purchase inherited properties quickly, often for cash, and with an understanding of the probate timeline. Whether probate is just beginning or nearly complete, contact us today for a no-obligation conversation about your options.
Frequently Asked Questions About Florida Probate
How long does probate take in Florida?
Summary Administration typically takes 4 to 8 weeks. Formal Administration usually takes 9 to 18 months, with contested or complex estates potentially taking longer. The mandatory 90-day creditor claim window is a key driver of the timeline in Formal Administration.
How much does probate cost in Florida?
Probate costs vary by estate size. Attorney’s fees are governed by a statutory schedule (3% of the first $1 million in estate value, declining for larger estates). Filing fees, publication costs, and appraisal fees add to the total. Most families spend between 3% and 7% of gross estate value on probate-related costs.
Do I need a lawyer for probate in Florida?
Florida law strongly encourages attorney involvement in probate, particularly for Formal Administration. Summary Administration of a small, uncontested estate may be handled without an attorney, but even then a one-time consultation is advisable. The Florida Bar Lawyer Referral Service can help you find a qualified probate attorney.
Can I avoid probate in Florida?
Yes. Common strategies include: creating a revocable living trust, adding a joint owner with right of survivorship to bank accounts and real estate, designating payable-on-death (POD) or transfer-on-death (TOD) beneficiaries on financial accounts, and using Florida’s Lady Bird Deed (enhanced life estate deed) to transfer real estate outside of probate.
What is summary administration in Florida?
Summary Administration is a simplified probate process available when the estate’s probate assets are worth $75,000 or less, or when the decedent died more than two years ago. It does not require appointment of a personal representative and is typically completed in 4 to 8 weeks. It is governed by Chapter 735 of the Florida Statutes.
What is the difference between summary and formal administration?
Summary Administration is faster, cheaper, and requires less court involvement, but is only available for smaller or older estates. Formal Administration is required for larger estates and involves a court-appointed personal representative, an inventory, creditor notices, and ongoing court supervision. See the comparison table earlier in this guide for a side-by-side breakdown.
Can I sell a house before probate is complete?
Generally, no. Title to an inherited property cannot be transferred to a buyer until the probate court has authorized the distribution. However, you can list the property and accept an offer during probate, but the sale cannot close until the court acts. Cash buyers experienced with estate sales are often willing to wait. Learn more about selling an inherited house in Largo.
What happens to debts in Florida probate?
Creditors are notified through publication of a Notice to Creditors and, if their identity is known, by direct written notice. They have 90 days from first publication (or 30 days from written notice) to file claims. Valid debts are paid in the statutory priority order under Florida Statutes § 733.707. Heirs do not personally inherit the decedent’s debts, and creditors can only recover from the estate’s assets.
Next Steps
If you have been named a personal representative or you are an heir trying to figure out what to do with an inherited Florida property, you do not have to figure it out alone. Whether your next step is finding the right attorney, deciding between summary and formal administration, or figuring out what to do with a house you never wanted to own, we can help point you in the right direction.
For a local conversation about an inherited property in Pinellas County, reach out through our contact page and we will walk you through your options, even if selling is not the right fit.
*This guide is for general educational purposes and is not legal advice. For advice specific to your situation, consult a Florida probate attorney. The Florida Bar Lawyer Referral Service can connect you with a licensed probate attorney near you.
