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Title Tag: Florida Probate Process (2026): Step-by-Step Timeline, Costs & What to Expect - ProbatePedia

Meta Description: A complete guide to the Florida probate process — Formal vs. Summary Administration, the 10-step timeline, mandatory creditor period, Personal Representative duties, attorney fees, and how to avoid the process entirely.

Florida Probate Process (2026): Step-by-Step Timeline and What to Expect

Last Updated: March 2026 • Covers Florida Probate Code Title XLII | Reading time: ~14 minutes

Florida's Two Probate Tracks: Which One Applies?

| | ContentSummary Administration** | | --- | --- | --- | | When required | Default for all estates — required when Formal is not waived and Summary is not available | Decedent dead > 2 years (any value); OR non-exempt estate assets ≤ $75,000 | | Court involvement | Full — judge supervises entire administration from appointment to final discharge | Single petition and order — no ongoing court supervision | | Personal Representative required? | Yes — court appoints; must post bond unless waived by will or all beneficiaries | No — no PR appointed | | Creditor claim period | Mandatory 3 months from first publication — cannot be shortened | Creditors must be identified and addressed before petition is filed; 30-day notice sent to known creditors | | Typical timeline | 9–18 months minimum; 2–3+ years if contested | 4–8 weeks for uncontested | | Typical cost (attorney fees) | §733.6171 presumptive schedule: 3% of first $1M etc. — on a $500K estate ~$15,000 attorney + $15,000 PR | Flat fee typical: $1,500–$3,500 for uncontested | | Homestead real property | Homestead is exempt from administration but title transfer still requires court order in most cases | Homestead can be included or excluded; court order transfers title | | Best for | Estates with real estate to sell, creditor disputes, contested wills, or assets above $75K non-exempt | Decedent dead 2+ years; or modest estates with cooperative heirs and minimal creditor exposure |

The $75,000 Threshold Counts Non-Exempt Assets Only:

Florida homestead real property is exempt from administration — it is NOT counted toward the $75,000 Summary Administration threshold. Exempt personal property (up to $1,000 in household goods and other exemptions under §732.402) is also excluded. An estate with a $450,000 home and $68,000 in financial accounts qualifies for Summary Administration — only the $68,000 counts toward the threshold. This makes Summary Administration available for many Florida families where the home is the primary asset.

Formal Administration: 10-Step Timeline

Florida Formal Administration is governed by the Florida Probate Code (Chapters 731–735, Florida Statutes) and administered in the Circuit Court of the county where the decedent was domiciled at death. Here is every step in sequence:

STEP 1 Determine Jurisdiction and Locate the Will

⏱ Immediately after death

Florida probate is filed in the Circuit Court of the county where the decedent was domiciled (legally resided) at the time of death — not necessarily where they owned property. If the decedent was a Florida resident with a vacation property in another county, probate is filed in the home county; the other county's property is handled through the same proceeding.

Locate the original will — the original, not a copy. Florida courts require the original will to be filed. If the original cannot be found, a copy may be admitted under §733.207, but this requires evidence that the original was not revoked. Check safe deposit boxes, home safes, the decedent's attorney's files, and the Florida Depository for Wills (available through some Clerks of Court).

• If no will exists: the estate is "intestate" and passes under Florida's intestate succession laws (§732.101–§732.111). The surviving spouse and descendants inherit in a priority order set by statute.
• If the will names an executor: that person (called the "Personal Representative" in Florida) petitions to be appointed.
• If no executor is named or the named executor cannot serve: the court appoints a Personal Representative following a priority order under §733.301.

STEP 2 File the Petition for Administration

⏱ Day 1–14 | Filing fee: ~$395 + local surcharges (up to ~$465)

The attorney files a Petition for Administration with the Circuit Court's probate division. The petition identifies the decedent, the proposed Personal Representative, and the approximate estate assets, and requests that the court admit the will (if any) and appoint the Personal Representative.

Required documents filed with or shortly after the petition:

• The original will (if any) and any codicils
• Certified death certificate (typically 2–4 copies; $10–$14 per copy from county vital statistics)
• Oath of Personal Representative
• Designation of Resident Agent (required if the PR is not a Florida resident — Florida Statute §733.504 requires a Florida-resident co-PR or registered agent for non-resident PRs, with limited exceptions for close family members)
• Proof of publication arrangement (required shortly after appointment)

Non-Resident Personal Representatives — The Florida Rule:

Florida Statute §733.304 restricts who can serve as Personal Representative of a Florida estate. Non-Florida residents can only serve if they are: (1) a legally adopted child or adoptive parent of the decedent, (2) related by lineal consanguinity (parent, child, grandchild, etc.), (3) a spouse, (4) a sibling of the decedent, or (5) a spouse of any of the above. A friend, business partner, or more distant relative who lives outside Florida cannot serve — regardless of what the will says. This is a critical point for Floridians who moved from another state and named a non-family member or out-of-state friend as executor.

STEP 3 Court Appoints Personal Representative and Issues Letters of Administration

⏱ Week 1–3

Once the petition is filed and reviewed, the judge signs an Order Admitting Will to Probate (if there is a will) and an Order Appointing Personal Representative. The Clerk of Court then issues Letters of Administration — the official document that gives the Personal Representative legal authority to act on behalf of the estate.

Letters of Administration are required to: open estate bank accounts, access the decedent's financial accounts, transfer titles, sell real estate, and deal with any institution holding estate assets. Order multiple certified copies — most estates need 6 to 10 copies to manage multiple institutions simultaneously.

Bond requirement: Unless the will waives bond, or all beneficiaries consent to waiver, the Personal Representative must post a surety bond in an amount set by the court (typically equal to the estate's liquid assets). Bond premiums run 0.5–1.5% of the bonded amount annually. A well-drafted will always includes a bond waiver provision.

STEP 4 Publish Notice to Creditors

⏱ Within 30 days of appointment | Creditor period: 3 months

This is the step that determines the minimum length of every Florida Formal Administration — and it cannot be shortened.

The Personal Representative must publish a Notice to Creditors in a newspaper of general circulation in the county where the estate is being administered, once a week for two consecutive weeks (§733.2121). The 3-month creditor claim period runs from the date of first publication. No assets can be distributed to heirs until this period has expired and all valid creditor claims have been addressed.

In addition to publication, the PR must serve a copy of the Notice to Creditors on all known or reasonably ascertainable creditors by mail within 3 months of first publication. Known creditors who are not personally served have a shorter claim period — 30 days from service.

The 3-Month Minimum — Why Florida Probate Always Takes This Long:

The creditor publication period is the immovable floor of every Florida Formal Administration. Even if all heirs agree, all assets are liquid, there are no disputes, and the will is simple — no distribution can occur until the 3-month creditor period expires. On a calendar where the petition is filed in January, the earliest possible final distribution is mid-April. In practice, the accounting, court review, and scheduling add several more months. Nine to twelve months is the realistic minimum for an uncontested, straightforward estate.

STEP 5 Inventory and Appraise Estate Assets

⏱ Within 60 days of appointment

The Personal Representative must file a verified Inventory of the estate within 60 days of appointment (§733.604). The Inventory lists all probate assets with their fair market values as of the date of death.

Unlike California — which requires a court-appointed Probate Referee to appraise non-cash assets — Florida does not mandate a specific appraiser. The PR can obtain fair market value from any qualified source: real estate appraisals, broker price opinions, financial account statements, and professional valuations for business interests or unusual assets. The court and beneficiaries may challenge the values if they appear inaccurate.

| ContentTypical Valuation MethodContentEstimated Cost** | | --- | --- | --- | | Florida real estate | Licensed appraiser or licensed broker written opinion (BPO) | $300–$600 | | Financial accounts (bank, brokerage) | Statement of date-of-death balance from institution | Free | | Retirement accounts (if in estate) | Statement of date-of-death value | Free | | Vehicles | Kelley Blue Book or NADA guide; dealer appraisal for collectibles | Free–$200 | | Closely held business interest | Business valuation by CPA or certified business appraiser | $2,500–$15,000+ | | Personal property (jewelry, art, collectibles) | Licensed personal property appraiser | $200–$1,500 | | Out-of-state real property | Local appraiser in that state | $300–$600 per property |

STEP 6 Manage Estate Assets During Administration

⏱ Ongoing throughout administration

While the creditor period runs, the Personal Representative has ongoing management responsibilities:

• Open an estate bank account in the name of the estate (using the estate's EIN, obtained from the IRS)
• Collect all estate assets — retitle financial accounts, secure personal property, manage real estate
• Maintain and insure real property during administration (utilities, insurance, property taxes)
• Invest liquid assets prudently under Florida's Prudent Investor Rule (§518.11) — idle cash earning no return can expose the PR to liability
• File the decedent's final federal and Florida income tax returns (Form 1040 for the year of death; no Florida income tax)
• File a federal estate income tax return (Form 1041) for any income earned by estate assets during administration if the estate earns more than $600 in gross income
• If the estate is large enough to require a federal estate tax return (Form 706) — estates over $15,000,000 for 2026 — file within 9 months of death (15 months with extension)

The Personal Representative has fiduciary duties to all beneficiaries and creditors. Self-dealing, commingling estate funds with personal funds, or mismanaging estate assets can result in personal liability for the PR — even if they are also a beneficiary.

STEP 7 Review and Pay Creditor Claims

⏱ After 3-month creditor period expires

After the creditor period expires, the Personal Representative reviews all filed claims. Florida law establishes a strict priority order for payment (§733.707):

| ContentObligationContentNotes** | | --- | --- | --- | | 1st — Highest | Costs and expenses of administration | Attorney fees, PR fees, court costs, publication — paid first | | 2nd | Reasonably ascertained funeral and burial expenses (up to $6,000) | Capped; excess treated as lower priority | | 3rd | Debts and taxes with preference under federal law | Federal tax liens, federal agency debts | | 4th | Medical expenses of last illness (up to 60 days before death) | Including any Medicaid recovery claims filed by AHCA | | 5th | Family allowance | Under §732.403 — surviving spouse and dependent children can receive an allowance during administration | | 6th | Arrearage of child support | Child support judgments | | 7th | Debts acquired after death (estate administration debts) | Estate obligations incurred during administration | | 8th — Lowest | All other claims — unsecured creditors | Credit cards, personal loans, medical bills beyond 4th priority |

If the estate is insolvent — debts exceed assets — higher-priority creditors are paid in full before lower-priority creditors receive anything. Beneficiaries receive nothing if the estate is insolvent. The Personal Representative must object to any claim that appears invalid, time-barred, or excessive within 30 days of the claim being filed (§733.705).

Florida Medicaid Recovery — AHCA Files Claims as a Priority Creditor:

If the decedent received Florida Medicaid benefits after age 55, the Agency for Health Care Administration (AHCA) is entitled to file a claim against the probate estate to recover the cost of those benefits. AHCA's claim is a 4th-priority creditor claim. This is why probate avoidance — through Lady Bird Deed, living trust, or beneficiary designations — is so valuable for older Floridians: Medicaid recovery only reaches assets in the probate estate. Assets that pass outside of probate are entirely protected from AHCA's recovery claim.

STEP 8 Sell Real Estate (if needed)

⏱ Concurrent with or after creditor period

If the estate includes real property that must be sold — to pay debts, because the heirs agree to sell, or because the will directs a sale — the Personal Representative has two paths:

Path A: Sell Without Court Confirmation (if will authorizes)

If the will grants the Personal Representative the power to sell real estate without court confirmation, or if all beneficiaries consent, the PR can list and sell the property through a standard real estate transaction. The PR signs the deed as Personal Representative, closing occurs normally, and the proceeds flow into the estate account. This is faster and avoids additional court proceedings.

Path B: Petition for Authority to Sell (if authorization not granted)

If the will does not grant selling authority or if beneficiaries do not all consent, the PR must file a Petition for Authority to Sell Real Property with the court. The court holds a hearing and, if satisfied, issues an Order Authorizing Sale. This adds 4 to 8 weeks and an additional filing fee to the timeline.

Florida does not require court confirmation of the sale price the way California probate sales historically did — once authorization is granted, the PR negotiates the sale at market terms without returning to court for a second approval.

STEP 9 File the Final Accounting and Petition for Discharge

⏱ After all debts paid and assets ready to distribute

Before making final distributions, the Personal Representative must file a Final Accounting with the court — a complete financial statement of all assets received, all disbursements made (including fees, taxes, and creditor payments), and the remaining balance available for distribution (§733.901).

The Final Accounting must be served on all beneficiaries, who have 30 days to object. If no objections are filed (or objections are resolved), the PR files a Petition for Discharge requesting that the court approve the accounting, authorize final distributions, and discharge the PR from further liability.

The court schedules a hearing on the Petition for Discharge. For uncontested estates, the hearing is typically brief — 5 to 15 minutes — and the judge signs the Order of Discharge and the Order of Distribution from the bench or shortly thereafter.

Waiving the Formal Accounting:

If all beneficiaries are adults, are not under any legal disability, and all consent in writing, the requirement for a formal court accounting can be waived under §733.901. All beneficiaries sign a Receipt and Waiver, acknowledge receipt of their share, and release the PR from further liability. This shortcut saves time and reduces attorney fees on simple estates with cooperative heirs. The waiver must be properly drafted and executed — a Florida probate attorney should prepare it.

STEP 10 Distribute Assets and Close the Estate

⏱ After Order of Discharge

Once the court approves the final accounting and issues the Order of Distribution, the Personal Representative distributes the remaining assets to the beneficiaries exactly as the order specifies. For real estate, the PR records a Personal Representative's Deed in the county where the property is located. For financial accounts, the PR transfers funds from the estate account to beneficiaries. For personal property, the PR delivers items and obtains signed receipts.

After all distributions are made and the PR has filed proof of compliance, the court issues a Final Order of Discharge, releasing the Personal Representative from all further duties and liability with respect to the estate. The estate is formally closed.

Summary Administration: The Fast-Track Process

For qualifying estates — non-exempt assets under $75,000, or decedent dead more than two years — Summary Administration is dramatically simpler. There is no Personal Representative, no creditor publication period, and no formal court accounting.

| ContentTimelineContentKey Requirements** | | --- | --- | --- | | 1. Identify all known creditors and address claims | Before filing | PR contacts known creditors directly; no publication required (but known creditors must receive 30 days' notice) | | 2. File Petition for Summary Administration with Circuit Court | Day 1 | Lists decedent info, assets, beneficiaries, creditor status, and requested distribution order; filing fee ~$231–$345 depending on estate value | | 3. Serve notice on all interested parties | Concurrent with filing | All heirs and beneficiaries must be served; any known creditors get 30-day notice | | 4. Court hearing (if no objections) or objection resolution | 2–6 weeks after filing | Uncontested hearings are typically brief; contested matters can extend the timeline significantly | | 5. Order of Summary Administration issued | At or after hearing | Court order authorizes asset transfers; functions like a probate decree without full administration | | 6. Transfer assets using court order | 1–3 weeks after order | Financial institutions release accounts; for real estate, the order is recorded with the county clerk + death certificate |

Total elapsed time for an uncontested Summary Administration: 4 to 8 weeks. Total attorney cost: $1,500–$3,500 flat fee for a straightforward proceeding. This compares favorably to 9–18 months and $30,000–$60,000+ for Formal Administration on a similar estate.

Summary Administration After Two Years — The Overlooked Option:

Many families are unaware that any Florida estate — regardless of size — qualifies for Summary Administration if the decedent has been dead for more than two years. This is because the creditor claim period has already expired by operation of law. An estate with a $2,000,000 home that has been sitting unaddressed for two and a half years can use Summary Administration. If you are dealing with an estate where the family delayed initiating probate, check whether the two-year threshold has passed before assuming Formal Administration is required.

Florida Probate Costs: The Full Picture

Florida probate attorney fees are governed by §733.6171, which sets a "presumptively reasonable" fee schedule. Unlike California's binding §10810 formula, the Florida schedule is presumptive — courts can adjust fees upward or downward if circumstances warrant — but in practice it sets the market rate for formal administration.

| ContentPresumptive Attorney FeeContentPR Fee (Same Schedule)ContentCombined** | | --- | --- | --- | --- | | $100,000 | $3,000 | $3,000 | $6,000 | | $250,000 | $5,250 | $5,250 | $10,500 | | $500,000 | $9,000 | $9,000 | $18,000 | | $750,000 | $13,500 | $13,500 | $27,000 | | $1,000,000 | $18,000 | $18,000 | $36,000 | | $1,500,000 | $25,500 | $25,500 | $51,000 | | $2,000,000 | $33,000 | $33,000 | $66,000 |

Note: The §733.6171 schedule is: 3% of the first $1,000,000; 2.5% of the next $4,000,000; 2% of the next $5,000,000; 1.5% on amounts above $10,000,000. Values above show 3% on first million for simplicity; refer to §733.6171 for exact calculation on larger estates.

Additional Costs Beyond the Presumptive Fee

| ContentTypical RangeContentNotes** | | --- | --- | --- | | Extraordinary attorney fees | $3,000–$100,000+ | Real estate sales, litigation, tax returns, business valuations — petitioned separately; court-approved | | Court filing fees | $395–$465 (Formal); $231–$345 (Summary) | Initial petition; varies by county; additional petitions add $100–$200 each | | Notice to Creditors publication | $75–$200 | Two consecutive weeks in qualifying newspaper; county-specific pricing | | Real estate appraisal | $300–$600 | Required for inventory; per property | | Certified death certificates | $10–$14 each; typically 6–10 needed | From county vital statistics; each institution may require its own copy | | Bond premium (if not waived) | 0.5–1.5% of bonded amount annually | Required if will does not waive; avoidable with proper drafting | | Accountant / CPA fees | $500–$5,000+ | Final income tax return; estate income tax return; estate tax return if applicable |

The PR Fee Waiver — When It Makes Sense:

The Personal Representative is entitled to the same presumptive fee as the attorney — on a $750,000 estate, that is $13,500 for the PR alone. But if the PR is also a primary beneficiary, collecting the fee creates an income tax liability (PR fees are ordinary income) while simultaneously reducing the estate they inherit. In most cases, a PR who is also the primary beneficiary is better off waiving the fee and receiving a larger inheritance instead, since inheritances are generally income-tax-free. Ask the estate attorney to model both scenarios before deciding.

Personal Representative Duties and Liability

The Personal Representative is a fiduciary — legally obligated to act in the best interests of the estate and all beneficiaries, not in their own personal interest. Key duties and liability exposure include:

| ContentWhat It RequiresContentLiability if Breached** | | --- | --- | --- | | Prudent investment (§518.11) | Invest estate assets prudently — diversified, income-generating, appropriate risk for the estate's needs and timeline | PR personally liable for losses caused by imprudent investments | | No self-dealing | Cannot buy estate assets for personal use, hire themselves or their own business to provide estate services at above-market rates, or favor personal interests over beneficiaries | Transactions can be voided; PR personally liable for resulting losses | | Impartiality | Must treat all beneficiaries fairly — cannot favor income beneficiaries over remainder beneficiaries or vice versa | PR liable for losses caused by partiality | | Record keeping | Must maintain complete records of all receipts and disbursements; must account for all assets | Deficient accounting can result in surcharge (personal liability for unaccounted amounts) | | Timely action | Must act promptly on estate matters — delaying inventory, creditor payments, or distributions can expose PR to liability | Beneficiaries can petition court to compel action or remove PR | | Florida residency / registered agent | Non-Florida residents who do not meet the family member exception must appoint a Florida-resident co-PR or registered agent | Failure to comply can result in removal as PR |

A Personal Representative who makes an honest mistake while acting in good faith and following legal advice is generally protected from personal liability. A PR who ignores professional advice, acts in self-interest, or mismanages estate assets is fully exposed to personal liability — even if they are also a beneficiary who stands to lose along with everyone else.

Common Complications That Extend the Timeline

| ContentTypical Additional TimeContentTypical Additional Cost** | | --- | --- | --- | | Will contest (challenge to validity of the will) | 6 months to 3+ years | $20,000–$200,000+ in litigation fees per side | | Disputed Personal Representative appointment | 2–6 months | $5,000–$30,000+ in attorney fees | | Real estate sale required (with court petition) | 2–4 months additional | $3,000–$8,000 extraordinary fees + agent commissions | | Contested creditor claim | 1–6 months per claim | $3,000–$25,000+ depending on amount disputed | | AHCA Medicaid recovery claim | 1–4 months to negotiate/resolve | Claim amount reduces estate; attorney fees for negotiation $2,000–$8,000 | | Federal estate tax return (estates > $15M) | 9–15 months for IRS review | $5,000–$25,000+ for tax counsel | | Business interest valuation dispute | 6–18 months | $10,000–$50,000+ for valuation and any resulting litigation | | Missing heir or unknown beneficiary | 2–6 months for due diligence and court notice | $2,000–$10,000+ | | Homestead designation dispute | 3–12 months | $5,000–$30,000+ in attorney fees |

Florida Probate vs. Non-Probate: Side-by-Side

| ContentFlorida Formal ProbateContentNon-Probate (Trust / Lady Bird / Beneficiary Designations)** | | --- | --- | --- | | Time to distribute assets | 9–18 months minimum | Days to months | | Attorney cost | 3%+ of gross estate — $18,000 on $600K estate | Trust admin: $1,500–$5,000 flat; Lady Bird: $300–$600 | | Court involvement | Full — multiple hearings, judge supervises | None for trust/Lady Bird/beneficiary designations | | Privacy | Public record — will, inventory, accounting all filed with court | Completely private | | Medicaid estate recovery exposure | Yes — AHCA can file claim against probate estate | No — non-probate assets not reachable by AHCA | | Creditor claim period | Mandatory 3 months — cannot be shortened | No mandatory period; standard statute of limitations applies | | Incapacity planning | None — requires separate guardianship petition | Living trust: immediate Successor Trustee authority | | Out-of-state property | Separate ancillary probate per state | Living trust: single document, all states |

Frequently Asked Questions

Does every Florida estate have to go through probate?

No. Only "probate assets" — assets titled solely in the decedent's name with no beneficiary designation and no co-owner with survivorship rights — must go through probate. Assets with named beneficiaries (life insurance, retirement accounts, POD/TOD accounts), jointly owned assets with survivorship rights, and assets held in a living trust all pass outside of probate automatically. For many Florida residents with proper advance planning, the probate estate is zero or minimal even on a large estate.

Can I start Florida probate without an attorney?

Technically yes — Florida allows self-represented parties in probate court. In practice, Florida probate is procedurally complex enough that most self-represented Personal Representatives make costly errors: missed deadlines, improper notices, defective accountings, and failure to comply with homestead and creditor requirements. For Summary Administration on a simple estate where all heirs agree and assets are straightforward, a determined self-represented petitioner has a realistic chance of success. For Formal Administration, professional counsel is strongly recommended.

What happens if the Personal Representative mismanages the estate?

Beneficiaries can petition the court to remove the Personal Representative and appoint a successor — either another person they select, or a professional fiduciary. If the mismanagement caused financial loss to the estate, the removed PR can be surcharged (ordered to pay the loss from personal funds) and may face civil liability. Florida courts take fiduciary breaches seriously, and the personal liability exposure for a PR who engages in self-dealing or negligent administration is real and substantial.

Can Florida probate be reopened after it closes?

Yes — under limited circumstances. An estate can be reopened to administer "after-discovered property" — assets that were unknown when the estate was closed. The PR (or a successor PR) files a petition to reopen the estate, administers the newly discovered assets, and the estate is closed again. There is no statutory time limit on reopening for after-discovered property, though practical and evidentiary considerations become more challenging as time passes.

What is a Notice of Trust and when is it required in Florida?

Florida Statute §736.05031 requires the Successor Trustee of a revocable trust to file a Notice of Trust with the probate court in the county where the decedent was domiciled within 30 days after the settlor's death. The Notice of Trust provides the trust's name, date, and the trustee's identity — it does not disclose the trust's terms or assets. This notice allows creditors of the decedent to identify the trust and potentially file claims. Filing the Notice of Trust is a mandatory step in Florida trust administration that is distinct from — and in addition to — any probate proceeding.

Does Florida have a simplified process for transferring vehicles?

Yes. Florida vehicles with a total value under $75,000 (combined with other personal property) may be transferred through the Summary Administration process. For single vehicles of modest value, the surviving spouse or next-of-kin can transfer title through the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) using an Affidavit for the Transfer of Motor Vehicle — a simplified form available from the FLHSMV that does not require probate court involvement for qualifying transfers. Check FLHSMV Form HSMV 82040 for current eligibility requirements.

What to Do Right Now

| ContentRecommended Action** | | --- | --- | | A family member just died — no advance planning was done | First: determine whether Summary Administration is available (non-exempt assets ≤ $75K, or death > 2 years ago). If yes, contact a Florida probate attorney for a flat-fee Summary Administration. If no, proceed with Formal Administration — the clock starts at death, not at filing, so delays do not help. | | You are named as Personal Representative and need to know your duties | Engage a Florida probate attorney immediately. The PR has personal liability for estate administration errors. Do not take any action with estate assets — including accessing accounts or transferring property — before receiving Letters of Administration from the court. | | You are a beneficiary waiting for a distribution | You have the right to receive a copy of the inventory, the accountings, and to be notified of all court hearings. If administration seems unreasonably delayed, you can petition the court to compel action by the PR. | | You want to prevent your own family from going through this process | See: How to Avoid Probate in Florida — Lady Bird Deed, Living Trust, and beneficiary designations. A few hundred to a few thousand dollars invested now prevents $30,000–$60,000+ in probate costs and 12–18 months of court process later. |

Related Articles on ProbatePedia:

→ How to Avoid Probate in Florida — Lady Bird Deed, Living Trust, and 4 other methods

→ Florida Summary Administration — complete guide with eligibility rules and step-by-step

→ Florida Lady Bird Deed — how it works, how to create one, county recording instructions

→ Florida Probate Attorney Fees — §733.6171 schedule, extraordinary fees, and how to reduce your bill

→ Florida Revocable Living Trust — when you need one and how to set it up

✅ Data Notes — March 2026

• Summary Administration threshold ($75,000 non-exempt assets) — confirmed §735.201(1)(b); stable; no 2024–2025 amendments

• §733.6171 presumptive fee schedule (3% / 2.5% / 2% / 1.5%) — confirmed unchanged

• Court filing fees (~$395 base + county surcharges to ~$465) — confirmed §28.241; Summary Admin $231–$345

• Creditor claim period (3 months from first publication) — confirmed §733.2121; non-waivable

• Florida Medicaid estate recovery (AHCA) — confirmed limited to probate estate per §409.9101

• Personal Representative residency rule — confirmed §733.304; non-residents must meet family member exception

• PR fee waiver — confirmed permissible; income tax vs. inheritance tax analysis accurate

• Notice of Trust filing requirement — confirmed §736.05031; 30 days after settlor's death

• Federal estate tax exemption ($15M) — confirmed per One Big Beautiful Bill (Public Law 119-21, July 4, 2025)

• Bond waiver — confirmed permissible if will waives or all beneficiaries consent

probatepedia.com · /florida/probate-process/ · FL-2 of 8 · v1.0 March 2026 · Data verified