Florida Probate Court

Probate is a court-supervised process for distributing a deceased person’s estate, paying the deceased’s debts, and transferring assets to heirs. The codes governing probate in Florida are outlined in Chapters 731 through 735 of the Florida Statutes, and the rules governing probate proceedings in the state are found in the Florida Probate Rules.

How the Probate Process Works in Florida

In Florida, probate begins with filing a petition with the Clerk of the Circuit Court Probate Division of the county where the decedent lived. If the deceased left a will, the court verifies the will and appoints a personal representative, often called the executor. If the deceased has no will, the court appoints an administrator according to intestacy statutes.

The executor must notify the family of the deceased and creditors about the estate. Additionally, the executor must prepare an inventory of estate assets, pay the deceased's debts and taxes, and distribute the remaining assets to beneficiaries. In Florida, summary administration is available for estates valued at $75,000 or less (excluding exempt property) or when the decedent has been deceased for more than two years. In contrast, formal administration is used for larger or contested estates. The duration for completing a probate process in the state ranges from a few months in summary cases to a year or more in complex formal proceedings.

What Are the Costs of Probate in Florida?

The cost of probate in Florida is determined by filing fees, executor compensation, publication fees for creditor notices, and attorneys’ fees. Filing fees are fixed by statute for different types of administration, with formal administration ranging from $400 to $500, depending on the county. In contrast, summary administration may be around $230 to $330, depending on the estate's value.

In addition to filing fees, executors are entitled to compensation under a percentage-based formula regardless of whether the probate is denied or revoked. Florida law also requires most estates to be represented by an attorney, which adds to expenses. Interested persons should expect to spend a few hundred dollars on smaller estates and thousands in legal and administrative fees for larger estates.

Types of Probate Cases in Florida

Florida recognizes three primary types of probate. These are:

• Formal Administration: This process is used for estates valued at $75,000 or more or estates involving disputes.
• Summary Administration: This procedure is used for estates under $75,000 or where the decedent has been deceased for more than two years.
• Disposition Without Administration: This procedure is available for small estates where final expenses (such as funeral costs) are paid directly from the estate without formal court involvement.

Florida Probate Court Forms and Filing Instructions

Interested persons can obtain probate forms through the Florida Courts website and local county clerk offices. Common forms include petitions for probate, an affidavit for small estates, and inventories. Petitioners are advised to verify probate requirements and forms directly from their county office, as each county may have supplemental requirements.

How Florida Probate Courts Work at the County Level

In Florida, the Circuit Courts in each of the state’s 67 counties have a Probate Division that oversees estate administration.

The probate courts in the top 10 Florida counties by population are as follows:

1. Miami-Dade County Probate Court – The court handles the largest probate caseload in the state.
2. Broward County Probate Court (Fort Lauderdale) – The court has an effective e-filing system that streamlines the probate filing process.
3. Palm Beach County Probate Court (West Palm Beach) – The court provides detailed online guidance on how to file for estate administration.
4. Hillsborough County Probate Court (Tampa) – The court provides adequate self-help materials.
5. Orange County Probate Court (Orlando) – This court offers probate checklists for petitioners.
6. Pinellas County Probate Court (Clearwater) – The court provides efficient summary administration.
7. Duval County Probate Court (Jacksonville) – The court offers comprehensive probate case tracking.
8. Lee County Probate Court (Fort Myers) – The court has a robust case management system for small estate cases.
9. Polk County Probate Court (Bartow) – The court offers practical filing guidance for pro se parties.
10. Brevard County Probate Court (Viera) – This court provides clear probate instructions and public record search tools.

How to Search Probate Records in Florida

Probate records are public information in Florida. These records may include wills, inventories, creditor claims, and distributions. Probate records are publicly accessible through the Clerk of Court’s online portal in many Florida counties. Interested persons can search these records by providing a case number or party name. Contact the county Clerk of Court directly for certified copies of records. This service may require you to pay a small fee.