Florida (FL)
Probate & the executor’s job in Florida
Florida probate is governed by Chapter 733 of the Florida Statutes and is handled by the circuit court in the county where the decedent lived. Florida requires executors (called personal representatives) to be represented by an attorney in most formal administrations.
How probate works in Florida
Florida recognizes formal administration, summary administration (for smaller or older estates), and disposition without administration in narrow cases. The right track depends on estate value, time since death, and the nature of the assets.
Typical timeline
Formal administration typically runs six to twelve months. Summary administration can be faster when the estate qualifies.
Small-estate alternatives
Summary administration is available when estate value falls below a statutory threshold or more than two years have passed since death. The threshold is set by statute — confirm current law before filing.
Where you’ll file
Probate is filed in the circuit court of the county where the person who died lived. Florida circuit courts publish local probate rules and fee schedules online.
Florida probate, in depth
By county
Probate is filed in the county where the decedent lived. Each Florida county has its own court, clerk procedures, and local rules.
Get your free 30-day Executor Roadmap
A personalized checklist based on your state and situation. No legal jargon. We’ll email you the first week of steps and a free PDF you can share with family.
We don’t share your info. Unsubscribe anytime. By submitting you agree to our Privacy Policy and Terms.
First-30-day tasks (universal)
- Order certified copies of the death certificateYou'll need certified copies of the death certificate for nearly everything else — banks, insurers, the court, the Social Security Administration.
- Locate the will and any trust documentsFind the original will. Photocopies are not the same as originals, and the original is what gets filed with the court.
- Secure the home and personal propertyLock up. Change locks if needed. Forward mail. The estate is responsible for what's in the home from now on.
- File the probate petition with the courtIf the estate requires probate, you'll file a petition with the appropriate court in the county where the decedent lived.
- Inventory the estate's assets and debtsYou're personally responsible for an accurate accounting. Most courts require a formal inventory; even when they don't, you need one to administer the estate.
- Notify creditors and handle claimsMost states require formal notice to known creditors and a published notice to unknown creditors. There's a window for claims, then it closes.
Find a probate professional in Florida
When you’re ready, we’ll match you with vetted, probate-experienced professionals in Florida. No obligation.