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Honest Funeral

Estate settlement · FL

Probate in Florida.

The basics most families need to know. Not legal advice — see the official sources at the bottom of this page, or call a Florida estate attorney for the specifics of your situation.

Small estate threshold

Estates under $75,000

Florida has 'summary administration' for estates under $75,000 (excluding exempt property) OR when the deceased has been gone for more than 2 years. Faster and cheaper than formal administration. Filed in the county where the deceased lived.

Typical timeline

6–12 months for full probate

Florida offers informal/unsupervised probate, which is typically faster and less expensive when the will is clean and the heirs aren't in dispute.

Florida requires an attorney for full probate. Plan for $1,500–$5,000+ in legal fees on top of court costs.

Notable quirks

What makes Florida different.

  • Florida REQUIRES an attorney for formal probate; not for summary administration in some cases.
  • Florida has very strong homestead protections — the family home passes to the surviving spouse and lineal descendants regardless of what the will says.
  • Florida does NOT have a state estate tax.
  • Disposition of personal property without administration: for very small estates (no real estate), if assets are only enough to cover funeral expenses + 60 days of last illness expenses, no probate is needed.
  • Beneficiary designations on accounts (TOD/POD) bypass probate entirely. Common Florida estate-planning move.
Key forms

What the executor will file.

  • Petition for Summary Administration
    For small estates under $75,000.
  • Petition for Administration
    Opens formal probate.
  • Disposition of Personal Property Without Administration
    For very small estates with only funeral/last-illness expenses owed.
Authoritative sources

For the actual current rules.

State rules and thresholds change. These links go to the Florida courts and bar association — the source of truth for current forms, fees, and procedures.

Other states

We have probate guides for the 10 most populous states. Pick another:

CaliforniaTexasNew YorkPennsylvaniaIllinoisOhioGeorgiaNorth CarolinaMichiganNew JerseyVirginiaWashingtonArizonaMassachusettsTennesseeIndianaMarylandMissouriWisconsinColoradoMinnesotaSouth CarolinaAlabamaLouisiana

This page is general consumer guidance, not legal advice. For complex estates, contested wills, or jurisdiction-specific questions, talk to a licensed Florida estate attorney.

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