Florida Probate: A Guide for Personal Representatives
Navigating the Florida probate process involves understanding Florida probate laws, fulfilling executor duties, and filing estate documents with the probate court Florida. This guide covers every step of estate administration in Florida, including small estate options and avoiding probate.
Executorium also maintains a County-Specific Resource Hub where you can find links, information, resources and contact information for county-specific agencies and departments relevant to probate, will and estate administration.
Access the County specific resource hubs by using the table linked at the end of this guide.
How an Executor or Administrator Is Appointed in Florida
Probate starts by filing a petition with the Circuit Court in the county where the decedent resided. If there is a valid will, the court appoints the named executor (known as a personal representative). Without a will, an administrator is appointed under Florida intestate succession laws.
Duties of an Executor Under Florida Probate Laws
Florida personal representatives are responsible for:
- Filing the will and opening the estate
- Notifying creditors and beneficiaries
- Inventorying estate assets
- Paying debts, expenses, and taxes
- Distributing assets and filing a final accounting
Florida Probate Process and Timeline
The Florida probate process typically includes:
- Petition to open probate and appoint a personal representative
- Publication of creditor notice
- Asset inventory and valuation
- Debt and tax payment
- Final accounting and estate distribution
Most probate cases in Florida are resolved within 6 to 12 months. Complex estates may take longer. Visit our County-Specific Resource Hub for local court resources.
Overview of Florida Estate Laws and Probate Code
Florida estate laws are outlined in the Florida Probate Code (Chapters 731–735). These laws cover wills, probate procedures, intestate succession, and trust administration.
Florida Probate Court and Jurisdiction
Probate court Florida operates as part of the Circuit Court in each county. The Clerk of Court manages probate filings, records, and document processing.
Estate Taxes in Florida and Inheritance Tax Florida
Florida does not impose an estate tax or inheritance tax. However, federal estate tax may apply if the estate exceeds the IRS exemption limit.
Florida Small Estate Affidavit and Summary Administration
Florida small estate options include summary administration, available when:
- The estate value is less than $75,000, or
- The decedent has been dead for more than 2 years
Formal administration can be avoided when these criteria are met.
Intestate Succession Florida and Heirship
If there is no valid will, Florida intestate succession laws determine heirs. Spouses and children receive priority, followed by parents, siblings, and other relatives. See Florida Statutes Chapter 732.
Trust Administration and Florida Trust Laws
Florida trust laws allow for revocable living trusts to avoid probate and privately manage asset distribution. Trusts are governed by Chapter 736 of the Florida Statutes.
Documents Needed for Florida Probate Records
- Certified death certificate
- Original will and codicils
- Petition for administration
- Letters of Administration
- Inventory and valuation forms
- Final accounting and receipts
Filing Florida Probate Records Online and In Court
Florida probate records are filed with the Clerk of the Circuit Court. Many counties allow eFiling. Visit the County-Specific Resource Hub for court access links.
Property Distribution and Florida Probate Attorney Help
Executors must distribute assets according to the will or Florida intestacy laws. A Florida probate attorney can help manage legal filings, tax compliance, and disputes.
It is often required that the executor create a Lists of Heirs and an Inventory of Assets, this can help with the asset distribution process. A video walkthrough is also a valuable tool for the executor in managing the estate property and distribution process.
Executorium maintains a free directory of estate service providers in your state including probate attorneys. Visit the free to access Estate Services Directory for probate and estate service provider listings in your area.
Resolving Disputes: Wills and Probate in Florida
Will contests, fiduciary issues, and inheritance disputes are handled by the probate court Florida. These may require formal hearings or mediation.
Summary & Linked Resources
- Florida Courts – Probate Resources
- Florida Probate Code
- Executorium County-Specific Resource Hub
Florida Wills and Probate County Resource Hubs
<<Coming soon>>
Disclaimer
The information on this page is general in nature and was accurate at the time of publishing. While we strive to keep this content up to date, we make no guarantees regarding its current accuracy or applicability to specific estate situations.
Executors should seek legal guidance from a Florida probate attorney or estate professional for expert assistance. Visit our Estate Services Directory for free access to listings for Florida probate and estate services.