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Florida Probate FAQs: What You Need to Know

When a loved one passes away in Florida, one of the first questions families often ask is: “Do we need to go through probate?” Below, we’ve put together answers to some of the most common probate questions to help you understand how the process works in Hillsborough, Pinellas, Pasco, and surrounding Tampa Bay counties.

Do I need probate if there’s a will in Florida?

Yes. Many people are surprised to learn that a will by itself does not avoid probate. A will must be admitted to the court and administered through the probate process.

There are, however, ways to avoid probate. The most common strategies include:

  • Trusts (revocable or irrevocable)
  • Lady Bird deeds (enhanced life estate deeds)
  • Standard life estate deeds
  • Joint ownership with rights of survivorship
  • Payable-on-death (POD) or transfer-on-death (TOD) accounts


Each of these options allows certain assets to transfer outside of probate, but a simple will on its own does not.

What happens if someone dies without a will in Florida?

If someone dies without a will, they are considered to have died intestate. In that case, Florida’s intestacy laws (see Fla. Stat. § 732.101–732.111) determine who inherits.

If the person was married, the spouse often receives some or all of the estate.

If there are children from outside the marriage, the estate is divided between the spouse and children.

If there is no spouse or children, the estate passes to parents, siblings, or more distant relatives.

In practice, local probate judges in Tampa, Clearwater, and Dade City follow these statutory rules strictly when distributing estates without a will.

Do all assets go through probate?

No. Only probate assets are included in the probate process. These are assets titled solely in the decedent’s name with no designated beneficiary.

Examples of non-probate assets include:


  • Joint bank accounts with rights of survivorship
  • Payable-on-death (POD) or transfer-on-death (TOD) accounts
  • Life insurance policies with named beneficiaries
  • Retirement accounts with beneficiaries
  • Assets held in a trust


What’s the timeline for probate in Florida?

The timeline depends on the type of probate:

Summary Administration – This is the faster process. In many cases, it can be completed in about 30 days, provided all paperwork is in order and the estate is uncontested. This process is authorized under Fla. Stat. § 735.201–735.2063.

Formal Administration – This is the more involved process. Even if uncontested, it often takes around six months or more. The statutory creditor period alone is 90 days (see Fla. Stat. § 733.702). If disputes arise, formal administration can take a year or longer.

What’s the difference between Summary Administration and Formal Administration?

Summary Administration is:

  • Quicker and less expensive.
  • Available if the estate is valued at $75,000 or less (excluding exempt property like homestead and exempt personal property), or if the decedent has been deceased for more than two years (Fla. Stat. § 735.201).
  • Final orders are issued more quickly, allowing heirs to receive assets sooner.


Formal Administration is:

  • Required when the estate exceeds $75,000 (excluding exempt property), unless the decedent passed away more than two years ago.
  • Overseen by a court-appointed personal representative (called an “executor” in other states).
  • Involves issuing Letters of Administration, publishing notice to creditors, giving creditors 90 days to file claims, and completing tasks like accountings, debt payments, and property transfers (see Fla. Stat. Ch. 733).


How much does probate cost in Florida?

We charge a flat $4,000.00 for summary administration and we charge for formal administration on an hourly basis.  For formal administration, we generally charge a $4,000.00 retainer and bill our time from there.  The typical probate may run about $6,000.00

Do creditors get paid before heirs in probate?

Yes. Florida law requires that creditors be paid before heirs receive their distributions.

In formal administration, creditors have 90 days to file claims after the notice to creditors is published (Fla. Stat. § 733.702).

Valid creditor claims must be satisfied before remaining assets can be distributed to beneficiaries or heirs.

Can probate be contested?

Yes. A probate can be contested for various reasons, such as:

  • A dispute over the validity of the will (e.g., claims of undue influence or lack of capacity).
  • Challenges to who is appointed as personal representative.
  • Disputes among beneficiaries about how the estate should be distributed.


If a probate is contested, the process often takes significantly longer and may require litigation in the probate divisions of the Hillsborough, Pinellas, or Pasco County Circuit Courts.

Who can serve as a personal representative in Florida?

In Florida, a personal representative must:

  • Be at least 18 years old
  • Be of sound mind
  • Not be a convicted felon
  • Florida residents generally qualify. Out-of-state family members may also qualify, but non-relatives who live outside Florida usually cannot serve (Fla. Stat. § 733.304).


Can you sell property during probate in Florida?

The ability to sell depends on whether the property is homestead or non-homestead and whether the probate is summary or formal:

Summary Administration

  • Property is generally sold after the order is entered.
  • If the property is homestead, the court must enter a Petition to Determine Homestead and an Order Determining Homestead before the heirs can sell.
  • For non-homestead property, an Order of Summary Administration will transfer title, and the heirs can sell once the order is entered.


Formal Administration

  • If the will gives the personal representative the power to sell, they may sell non-homestead property without court approval.
  • Homestead property is generally a non-probate asset (protected from most creditors), but probate is almost always required to confirm its homestead status. Once the court signs an Order Determining Homestead, title passes directly to the heirs, who can then sell.
  • If there is no will or the will does not grant authority to sell, the personal representative must petition the court for approval, usually attaching the proposed sales contract.
  • In practice, some courts require waiting until the 90-day creditor period has expired before approving a sale, though this is not always mandatory.


Final Thoughts

Probate in Florida can be confusing and time-consuming, but knowing the difference between summary and formal administration — and understanding how property, creditors, and costs fit into the process — can help families prepare.

While a will is important, it’s not a tool to avoid probate. If your goal is to bypass probate altogether, options like trusts or enhanced life estate deeds may be worth exploring.

For families in Tampa Bay — including Hillsborough, Pinellas, and Pasco counties — Montanez Law Firm helps guide clients through every step of the probate process, whether it’s a simple summary administration or a contested formal administration.

The information you obtain on this website is not, nor is it intended to be, legal advice. You should consult with an attorney for individual advice regarding your own situation.