Florida Probate & Estate Administration

Does every Florida estate have to go through probate?

No. Probate generally applies to property owned by the decedent that does not pass automatically by title, contract, beneficiary designation, or trust. Jointly owned property with survivorship rights, payable-on-death accounts, and benefits payable to named beneficiaries may avoid probate. A probate proceeding may still be required for other assets, unresolved creditor matters, homestead determinations, litigation, or property that was never transferred to a trust. Each asset should be reviewed using the controlling deed, account agreement, designation, or other ownership document.

Can a Florida estate use summary administration?

Under the 2026 Florida Statutes, summary administration may be available if the estate subject to administration in Florida, less property exempt from creditor claims, does not exceed $150,000, or if the decedent has been dead for more than two years. A testate estate must also satisfy the statutory requirement concerning any direction for administration in the will. Creditor exposure, disputes, asset-management needs, the need to sell property, and uncertainty about ownership may make formal administration more appropriate even when the estate meets the threshold.

How long does Florida probate take?

There is no single timetable. An uncontested estate with identified assets, adequate liquidity, cooperative beneficiaries, and no unusual tax or creditor issues may proceed relatively efficiently, but the creditor process alone includes a statutory claim period. Real estate transactions, homestead questions, contested claims, missing beneficiaries, tax filings, business interests, will disputes, and disagreements over fiduciary conduct can extend the administration. A meaningful estimate usually requires reviewing the assets, liabilities, documents, family structure, and expected court proceedings.

What should a proposed personal representative do first?

The proposed representative should preserve the original will, obtain certified death certificates, secure property, avoid informal distributions, and begin collecting information about assets, debts, insurance, taxes, trusts, beneficiary designations, and family members. The will’s custodian must deposit the original with the appropriate clerk within 10 days after learning of the death. The proposed representative should not assume authority to sell, transfer, or distribute estate property before appointment and should obtain Florida probate counsel before taking actions that may affect beneficiaries or creditors.