Florida Probate Guide
If you've been named executor in Florida or you want to spare your family the process entirely, understanding Florida probate matters. This 2026 guide covers timelines, costs, small-estate affidavits, executor duties, and how a living trust can bypass probate for Florida assets.
How Florida probate works
When a Florida resident dies, the named executor files the original will (and a death certificate) with the probate court in the county where the decedent lived. The court issues letters testamentary, the executor inventories assets, pays creditors and taxes, and distributes the remainder. Without a will, the court appoints an administrator and Florida intestacy law picks the heirs.
Florida probate timeline and costs
Simple Florida probates typically close in 4–6 months once creditor and notice periods run. Complex or contested estates can take 12–18 months or more. Costs include court filing fees, publication, bond (sometimes), and — for larger estates — executor and attorney fees that can run into the thousands.
Small-estate shortcuts in Florida
Many states, including provisions in Florida, allow a small-estate affidavit or summary administration for estates below a statutory threshold. These are faster and cheaper than full probate. Thresholds and procedures vary — confirm the current Florida small-estate rule with the local probate court or a Florida attorney.
- Original will filed in the decedent's county of residence
- Notice published and mailed to known creditors
- Creditor claim period typically several months
- Inventory of probate assets prepared for the court
- Final accounting and distribution close the estate
Assets that skip Florida probate
Not every asset goes through probate. Assets held in a Florida living trust, jointly owned property with rights of survivorship, retirement and life insurance accounts with named beneficiaries, and accounts marked transfer-on-death or pay-on-death pass directly to the named recipients without court involvement.
How to avoid probate in Florida
The most reliable Florida probate-avoidance strategy is a properly funded revocable living trust paired with a pour-over will, updated beneficiary designations, and (where appropriate) joint titling or transfer-on-death deeds. VoiceWill™ drafts a coordinated Florida will, trust, POA, and directive so the entire plan works together.
Frequently asked questions about Florida probate guide
How long does probate take in Florida?
Simple Florida probates often close in 4–6 months; contested or complex estates can take 12–18 months or longer. Funded living trusts bypass probate entirely.
How much does Florida probate cost?
Costs include court filing fees, publication, possible bond, and — for larger estates — executor and attorney fees. Full probate in Florida commonly runs into the low thousands; complex estates can cost much more.
Does every Florida estate need probate?
No. Assets in a funded living trust, joint property with survivorship, and accounts with named beneficiaries pass outside probate. Small estates may also qualify for a Florida affidavit-based process.
What does an executor do in Florida?
An executor files the will, inventories assets, notifies and pays creditors, files final tax returns, and distributes what's left to the beneficiaries — all under Florida probate court supervision.
How do I avoid probate in Florida?
Fund a revocable living trust during your lifetime, keep beneficiary designations current, and use TOD/POD designations where appropriate. VoiceWill™ drafts the coordinated documents by voice.
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