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Florida Statewide Probate Guide

Handling an estate after losing someone is difficult, and Florida just made a major change to its rules that’s worth knowing about up front. This guide covers what’s consistent across the whole state – thresholds, deadlines, and costs. For your specific county’s Circuit Court address and local filing details, see that county’s page.

Where Probate Happens

Florida probate is filed in the Circuit Court of the county where the deceased lived.

Recent Change: The Summary Administration Threshold Just Doubled

On April 29, 2026, Florida enacted CS/HB 1337 (Chapter 2026-57, Laws of Florida), passed unanimously by both chambers. Effective July 1, 2026, it made several significant changes:

  • The summary administration asset threshold doubled from $75,000 to $150,000.
  • The threshold for “disposition without administration” (an even simpler no-court process) rose from $10,000 to $20,000.
  • Financial institutions must now provide personal representatives access to a decedent’s safe deposit box upon presentation of Letters of Administration.
  • A new provision (Fla. Stat. § 733.6125) lets a personal representative bring a proceeding against an institution that wrongfully refuses to honor valid Letters of Administration, with attorney’s fees and costs available if the PR prevails.

Step 1: Does The Estate Qualify For A Simplified Process?

Disposition Without Administration (Fla. Stat. § 735.301)

  • For estates with no real property, consisting only of personal property.
  • As of July 1, 2026, qualifying intestate estates up to $20,000 in personal property can use this route (up from $10,000).
  • File a short petition with the Circuit Court, present a death certificate, and obtain a court order authorizing release of specific assets (commonly bank accounts) – filing fee is around $232.

Summary Administration (Fla. Stat. § 735.201)

  • Available when either of two tests is met:
  • The value of the estate subject to Florida administration, after subtracting property exempt from creditor claims (including homestead property), does not exceed $150,000 (as of July 1, 2026 – the pre-reform threshold was $75,000); OR
  • The decedent has been dead for more than two years, regardless of estate value – this test wasn’t changed by the 2026 reform.
  • Homestead property does NOT count toward the $150,000 cap, so many estates that look larger on paper still qualify.
  • No personal representative is appointed – instead, the court reviews a petition filed by the beneficiaries and, if the estate qualifies, issues an order directing how assets should be distributed.
  • Because there’s no ongoing court-supervised administration, this is typically faster and less expensive than formal administration.
  • Qualifying isn’t automatic just because the estate is small enough – a will that specifically directs formal administration, or meaningful disputes among heirs, can still push the estate into the formal process.

STEP 2: FORMAL ADMINISTRATION (for larger or more complex estates)

  1. File a petition with the Circuit Court in the relevant county.
  2. The court appoints a personal representative and issues Letters of Administration.
  3. The personal representative inventories the estate, publishes notice to creditors, and manages claims.
  4. Creditors generally have 3 months from first publication of notice to file claims (subject to Florida’s specific statutory notice rules).
  5. Debts and expenses are paid, and the estate is distributed; a final accounting closes the case.

Timeline

Summary administration and disposition without administration can often resolve in weeks. Formal administration more commonly takes several months to a year or more, depending on complexity and whether any disputes arise.

Costs

Costs vary by estate size and complexity, and by whether attorney fees are involved (Florida law doesn’t require an attorney for summary administration, though many people use one). The new safe-deposit-box access requirement and § 733.6125 enforcement provision are both aimed at reducing costly delays personal representatives previously faced when institutions resisted honoring valid authority.

Taxes

Florida has no state estate tax or inheritance tax. Only the federal estate tax could apply, and only to very large estates – the federal exemption is $15 million per individual for 2026.

Where This Guide Fits

This page covers what’s consistent statewide. For your specific county’s Circuit Court address, phone number, and local filing details, visit that county’s page.