CALL FOR A CONSULTATION
CALL FOR A CONSULTATION
CALL FOR A CONSULTATION
If you have just lost someone, or you are planning ahead for your own family, the word probate tends to arrive wrapped in dread. People picture years in court and an inheritance eaten away by fees. In Florida the reality is usually calmer than that, and far more avoidable. This guide explains, in plain English, what probate is, how long it takes, what it costs, and the concrete steps that can keep your family out of it.
Probate is the court-supervised process of settling a person’s affairs after death. It does three things: it proves the will is valid if there is one, it pays the deceased person’s final debts and taxes, and it transfers the remaining assets to the rightful heirs or beneficiaries. In Florida, probate is governed by Chapters 731 through 735 of the Florida Statutes.
The single most important idea to understand is that probate only controls certain assets. It applies to property the deceased person owned in their name alone, with no built-in way to pass to someone else. A large share of a typical estate skips probate entirely, and that distinction shapes everything else in this article.
Probate exists to create an orderly, court-verified transfer of ownership. That protects heirs, gives creditors a defined window to make claims, and produces clean title for assets like real estate. It is a process with a purpose, not simply a tax on grief, but it can be slow and public, which is why so many families plan to minimize it.
If you are sorting out a loved one’s estate, our probate attorney can walk you through each step.
Only probate assets go through probate: property titled in the deceased person’s sole name with no beneficiary or survivorship feature. Many common assets pass outside probate automatically, which is why some estates need little or no court involvement at all. Knowing which category each asset falls into is the first real step in any estate.
Assets that usually avoid probate include:
Assets that typically require probate include:
Many families are surprised to learn how little of their estate actually needs probate once these non-probate transfers are accounted for. The goal of good planning is to shrink that probate column as close to zero as possible.
It depends on the path. Summary administration, the streamlined route for smaller or older estates, often finishes in a matter of weeks. Formal administration, the full process, typically takes six to twelve months, and longer when there are disputes, hard-to-value assets, or creditor complications.
Several factors push the timeline in either direction:
A clean summary administration can feel almost administrative. A contested formal administration can stretch past a year. The structure of the estate, more than anything, sets the pace.
Florida probate costs fall into three buckets: court filing fees, attorney’s fees, and costs such as certified mailings, publication of notice, and appraisals. Attorney’s fees are usually the largest piece, and Florida law provides a fee schedule tied to estate size as a reasonable benchmark, though many straightforward estates are handled for a flat or reduced fee.
A rough sense of the components:
Summary administration is meaningfully cheaper than formal administration because it involves far less work, no court-appointed personal representative, and no formal creditor process. The honest bottom line is that cost tracks complexity: a simple estate is inexpensive to settle, while a contested one is not.
Formal administration is Florida’s full probate process, while summary administration is a faster, cheaper shortcut for smaller or older estates. The right path depends mainly on the value of the probate estate and how long ago the person died.
Formal administration applies to larger or more complex estates. The court appoints a personal representative, called an executor in other states, who gathers assets, notifies creditors, pays valid debts, and distributes what remains. It is more thorough and more time-consuming.
Summary administration is the streamlined alternative, and a recent law expanded who qualifies. Effective July 1, 2026, an estate can use summary administration when its non-exempt probate assets total 150,000 dollars or less, double the previous 75,000 dollar limit, following the passage of CS/HB 1337. An estate also qualifies, regardless of value, when the person has been deceased for more than two years. Homestead property, retirement accounts, and assets with beneficiary designations are excluded from that calculation, so many estates fall under the threshold once non-probate assets are set aside.
| Feature | Summary administration | Formal administration |
|---|---|---|
| Typical estate size | Non-exempt assets of 150,000 dollars or less, or death over two years ago | Larger or more complex estates |
| Personal representative | Not appointed | Court-appointed |
| Formal creditor period | No | Yes |
| Typical timeline | Weeks | Six to twelve months |
| Relative cost | Lower | Higher |
Because the summary administration threshold is a figure set by statute and was just changed, it is worth confirming the current limit before relying on it. Our estate planning team keeps families current on changes like this.
You avoid probate by arranging your assets so they pass outside the court process, and most of these tools are within your control. A few common instruments do the majority of the work, and they are far less expensive to set up than probate is to endure.
The core probate-avoidance tools:
The catch is that these tools only work if they are set up correctly and kept current. A trust that was never funded, or a beneficiary form that still names an ex-spouse, can send assets straight back into probate or to the wrong person. A related pitfall is relying on a will alone, which does not avoid probate at all; a common misunderstanding we cover in our post on estate planning mistakes. Plans need occasional maintenance after a marriage, divorce, move, or major purchase.
In most cases, yes. Florida law requires that formal administration be handled with a licensed attorney except in narrow circumstances, and even summary administration involves court filings where an error can restart the process. Beyond the legal requirement, an attorney’s value shows up in avoiding costly missteps.
A probate attorney helps by:
A single classification error, such as treating a probate asset as non-probate, can change the entire path and cost far more than sound guidance would have. That is why the initial review of an estate is one of the most important steps in the whole process.
Losing someone is hard enough without a court process you were never trained to navigate. The Law Offices of Jeffrey R. Stoll, P.A. guides families in Plantation and throughout Broward County through probate with clear answers and steady, personal attention, so you are never guessing about the next step. If you are facing an estate right now, do not let missed deadlines or filing errors add months to the process. Call 954-963-1995 or schedule your free consultation today.
The most reliable way to spare your loved ones the time, cost, and stress of probate is to plan before it is needed. A well-built plan, using trusts, beneficiary designations, and Florida-specific tools like the Lady Bird deed, can move nearly everything outside the court process. The Law Offices of Jeffrey R. Stoll helps South Florida families build plans that hold up. Reach out to review or create your wills and trusts before life makes the decision for you.
Can you avoid probate with just a will in Florida? No. A will does not avoid probate; it is the document the probate court uses to distribute your solely owned assets. To keep assets out of probate, you need tools that transfer ownership outside the court process, such as a living trust, beneficiary designations, or a Lady Bird deed.
How much does an estate have to be worth to skip probate in Florida? Effective July 1, 2026, an estate with non-exempt probate assets of 150,000 dollars or less can use summary administration, Florida’s simplified path. Estates where the person has been deceased for more than two years also qualify regardless of value. Homestead and beneficiary-designated assets are excluded from that calculation.
Is a spouse responsible for the deceased’s debts in Florida? Generally, a surviving spouse is not personally responsible for the deceased’s individual debts. Those debts are paid from the estate’s probate assets during administration. Jointly held debt is a different matter, and Florida’s homestead and exemption rules protect certain property from creditor claims.
What happens if someone dies without a will in Florida? Their solely owned assets pass under Florida’s intestacy statutes, which set a fixed order of inheritance among spouse and relatives. The estate still goes through probate, but the court distributes assets by statute rather than by the person’s wishes, which is exactly what a will and estate plan prevent.
How long do creditors have to make a claim in Florida probate? In formal administration, creditors have a limited statutory window to file claims after being notified, which is part of why formal administration takes several months. Properly notifying creditors and observing that period is essential, because distributing assets too early can create liability for the personal representative.
