File Probate in Florida Yourself

Florida Probate at a Glance

Florida probate is handled by the Circuit Court, Probate Division in the county where the deceased lived. Florida uses unique terminology — the executor is called the Personal Representative and the appointment document is called Letters of Administration. Using the right terminology on every form matters.

Summary Administration vs. Formal Administration

Summary Administration — F.S. 735.201

A simplified court process available when the total estate value is $75,000 or less (net of exempt property), OR when the decedent has been dead for more than 2 years (any size estate). No Personal Representative is appointed — the court issues an Order of Summary Administration directing who receives what. Much faster and less expensive than Formal Administration.

Formal Administration

Required when the estate exceeds $75,000 and the decedent died within the last 2 years. A Personal Representative is appointed, Letters of Administration are issued, and the court supervises the process. Florida courts accept self-represented Personal Representatives.

The 14 Steps of Florida Probate

1. Determine if probate is required — Summary Administration, Disposition Without Administration, or Formal Administration?
2. Organize essential information — dedicated email, tracking spreadsheet, forward mail
3. Handle household bills & memberships — cancel services; address HOA dues and any timeshares
4. Notify government agencies — Social Security, Florida FRS, VA
5. Obtain death certificates & the Will — get 5–7 certified copies; deposit Will within 10 days
6. Apply for an Estate EIN — IRS.gov, instant online, free
7. Open an estate bank account — after Letters of Administration are issued
8. Appraise real estate & personal property — assess homestead status carefully
9. File the probate petition — Circuit Court; include Designation of Resident Agent
10. Notify creditors & file Inventory — publish 2 weeks; file Inventory within 60 days
11. Manage & distribute assets — confirm elective share status; pay debts; distribute per Will
12. File taxes — final 1040 only; no Florida state returns required
13. Close the estate — Final Accounting and Petition for Discharge
14. Court forms guide — all Florida probate forms with field-by-field instructions

What Makes Florida Probate Different

Florida Homestead Rules

Florida's homestead exemption is one of the strongest in the country — the home is protected from most creditors. But it creates complexity in estates: if the deceased left a surviving spouse or minor child, the homestead cannot pass freely under the Will. The surviving spouse receives specific rights regardless of what the Will says. Always assess homestead status before distributing real property.

Surviving Spouse Elective Share — 30%

Under F.S. 732.2065, a surviving spouse is entitled to 30% of the decedent's elective estate regardless of what the Will says. This right must be exercised within 6 months of the later of Notice of Administration or the date Letters are issued. Confirm whether the surviving spouse is exercising or waiving this right before distributing to other beneficiaries.

Resident Agent Requirement

Florida requires the Personal Representative to designate a Florida resident agent to receive legal notices. If you live in Florida, you designate yourself. If you live outside Florida, you must designate a Florida resident or hire a Florida-licensed attorney to serve as agent. This requirement trips up many out-of-state heirs handling Florida snowbird estates.

Frequently Asked Questions

Florida Probate Articles

Free guides covering the most common Florida probate questions:

• Florida Summary Administration: The Faster Probate Path for Small Estates
• Florida Homestead in Probate: What Executors Need to Know
• Florida Probate Timeline: Key Deadlines for Personal Representatives