Florida Probate Lawyer Serving Families Statewide in 2026

When a loved one passes away, most Florida families are focused on grief, not legal proceedings. But if the deceased owned assets in their name alone without a beneficiary designation or joint owner, those assets likely need to pass through the Florida probate process before they can be transferred to heirs or beneficiaries. Probate is a court-supervised process for identifying a decedent's assets, paying valid debts and expenses, and distributing what remains to the people entitled to receive it. The Elder Needs Law probate team helps Florida families navigate this process with clarity and efficiency, from straightforward summary administrations to complex multi-asset formal estates. For a consultation about a loved one's estate, contact a Florida probate lawyer at Elder Needs Law.

What Probate Is and When It Is Required

Probate is required in Florida when a person dies owning assets that are titled in their name alone and that have no designated beneficiary, no joint owner with right of survivorship, and no other legal mechanism to transfer ownership automatically at death.

Not every asset requires probate. Many assets pass outside probate through beneficiary designations, joint ownership, or trust funding. The need for probate depends entirely on how the decedent held their assets at the time of death, not on whether they had a will.

A will does not avoid probate. A will is a set of instructions to the probate court about how to distribute assets. Having a will means the estate is distributed according to the decedent's wishes rather than Florida's intestate succession laws, but the probate process itself is still required for any assets that do not pass by operation of law.

Assets That Go Through Probate vs Assets That Do Not

Understanding which assets require probate and which do not is the starting point for every Florida estate administration.

Assets that typically require probate:

• Real property titled solely in the decedent's name without a Lady Bird Deed or joint tenancy with right of survivorship
• Bank accounts titled in the decedent's name alone with no payable-on-death designation
• Investment accounts with no transfer-on-death designation and no named beneficiary
• Vehicles titled in the decedent's name alone
• Personal property, including furniture, jewelry, art, and collectibles owned individually

Assets that typically pass outside probate:

• Accounts with named payable-on-death or transfer-on-death beneficiaries
• Retirement accounts including IRAs, 401(k)s, and 403(b)s with named beneficiaries
• Life insurance proceeds payable to a named beneficiary
• Real property held in joint tenancy with right of survivorship or tenancy by the entirety
• Real property transferred through a properly recorded Lady Bird Deed
• Assets held in a funded revocable living trust with a named successor trustee
• Annuities and other financial products with contractual beneficiary designations

The practical implication is that an estate with thoughtful beneficiary designations and a properly funded trust may have little or nothing that needs to go through probate, while an estate with assets titled solely in the decedent's name and no designations may require a full formal administration regardless of whether a will exists.

Summary Administration vs Formal Administration

Florida law provides two primary probate procedures, and the one that applies to a given estate depends primarily on the value of the probate assets and the time elapsed since the decedent's death.

Summary Administration is available when the value of the estate subject to administration in Florida does not exceed $150,000, effective July 1, 2026 when the Florida Legislature's CS/HB 1337 reform doubles the prior $75,000 threshold, or when the decedent has been dead for more than two years. Summary administration does not require the appointment of a personal representative. It is initiated by a petition filed by the surviving spouse or a beneficiary and typically concludes in one to three months. It is significantly less expensive and less burdensome than formal administration.

Formal Administration is required for estates where the probate assets exceed the summary administration threshold and the decedent has been dead for less than two years. Formal administration requires the appointment of a personal representative, a creditor notice period, a verified inventory of all estate assets, payment of valid debts and expenses, and a final accounting before the estate can be closed. Formal administration timelines range from six to nine months for simple estates to twelve to twenty-four months for complex estates involving litigation, contested claims, real property sales, or tax issues.

The Florida Formal Probate Process Step by Step

For estates that require formal administration, the process follows a structured sequence of steps governed by the Florida Probate Code under Chapter 733 of the Florida Statutes.

Step 1: File the Petition for Administration The probate attorney files a Petition for Administration with the circuit court in the county where the decedent resided at the time of death. The original will, if one exists, is submitted to the court for validation at this stage.

Step 2: Appointment of the Personal Representative The court reviews the petition and appoints the personal representative named in the will, or if there is no will, the individual entitled to serve under Florida's intestate succession priority rules. The personal representative must be qualified under Florida law, take an oath, and post a bond unless the will waives the bond requirement.

Step 3: Notice to Creditors The personal representative must publish a Notice to Creditors in a local newspaper for two consecutive weeks. Known creditors must be notified directly. Creditors then have 90 days from the date of first publication, or 30 days from the date of direct notice, whichever is later, to file claims against the estate.

Step 4: Inventory of Assets Within 60 days of appointment, the personal representative must file a verified inventory of all probate assets with the court, including the estimated fair market value of each asset as of the date of death.

Step 5: Payment of Debts and Expenses Valid creditor claims, funeral expenses, estate administration costs including attorney fees and personal representative compensation, and any applicable taxes must be paid before any distributions are made to beneficiaries. Florida law establishes a priority order for payments when estate assets are insufficient to pay all claims.

Step 6: Distribution to Beneficiaries Once the creditor period has expired and all debts and expenses have been paid, the personal representative petitions the court for permission to distribute remaining assets to beneficiaries in accordance with the will or, if there is no will, under Florida's intestate succession laws.

Step 7: Final Accounting and Closing The personal representative files a final accounting showing all receipts and disbursements during the administration. After court approval, the personal representative is formally discharged and the estate is closed.

Florida Probate Costs in 2026

Probate costs in Florida typically run 3 to 7 percent of the gross estate value when all components are included. The main cost categories are attorney fees, personal representative compensation, court filing fees, and publication costs.

Attorney Fees Under Section 733.6171

Florida Statutes Section 733.6171 establishes a presumed reasonable fee schedule for ordinary probate services:

These fees cover ordinary services only. Extraordinary services such as contested proceedings, litigation, tax planning, or selling real property are compensated separately, typically at hourly rates ranging from $325 to $750 per hour depending on the attorney and county.

Personal Representative Compensation The personal representative is entitled to compensation from the estate under the same statutory schedule that governs attorney fees. When a family member serves as personal representative, they often waive compensation, but professional personal representatives charge fees consistent with the statutory schedule.

Court Filing and Publication Fees Court filing fees for a formal administration typically run approximately $400. Publication of the Notice to Creditors in a local newspaper adds approximately $150 to $250 depending on the publication and county.

Summary Administration Costs For estates qualifying for summary administration, total costs are significantly lower. Simple summary administrations can often be completed for under $2,500 in attorney fees and court costs combined.

The 2026 Probate Reform: Summary Administration Threshold Doubles

Effective July 1, 2026, Florida's CS/HB 1337 doubles the summary administration threshold from $75,000 to $150,000. This is a significant change for families with modest estates that previously fell just above the simplified procedure threshold and were required to go through the full formal administration process.

Families whose loved one passed away before July 1, 2026 but whose estate has not yet been filed may benefit from waiting until after the effective date if the estate value falls between $75,000 and $150,000. An elder law or probate attorney can advise on whether the timing of filing makes sense for a specific estate.

How to Avoid Probate in Florida

For families who want to spare their heirs the time, expense, and public nature of Florida probate, several planning strategies can eliminate or significantly reduce the probate footprint of an estate.

Funded revocable living trust transfers all titled assets into the trust during the grantor's lifetime so that a successor trustee can distribute them at death without court involvement

Lady Bird Deed for Florida real property passes the home directly to named beneficiaries at death outside probate, while preserving the owner's full control during their lifetime

Payable-on-death and transfer-on-death designations on bank and investment accounts pass those assets directly to named beneficiaries without probate

Beneficiary designations on retirement accounts, life insurance, and annuities pass those assets outside probate regardless of what a will says

Joint tenancy with right of survivorship passes jointly held property to the surviving owner automatically at the first owner's death

Avoiding probate does not mean avoiding estate taxes or creditors. It means avoiding the court-supervised process of transferring assets, which saves time, reduces costs, and keeps the details of the estate out of the public record. For families who also have Medicaid planning concerns, it is important to coordinate probate avoidance strategies with estate recovery planning, particularly for Florida real property. Read our guide on protecting your Florida home while qualifying for Medicaid for a complete overview of how those two planning goals connect.

What Happens When Someone Dies Without a Will in Florida

When a Florida resident dies without a valid will, they are said to have died intestate. Their estate is distributed according to Florida's intestate succession laws under Chapter 732 of the Florida Statutes rather than according to their wishes, because their wishes were never legally documented.

Florida's intestate succession rules distribute the estate to the closest living relatives in a specific priority order. The surviving spouse typically receives the largest share, with the exact amount depending on whether the decedent had descendants who are not also descendants of the surviving spouse. When there is no surviving spouse, the estate passes to descendants, then to parents, then to siblings and their descendants, and so on through increasingly distant relatives.

If no living relatives can be identified, the estate escheats to the State of Florida. Dying without a will does not mean the state automatically takes everything, but it does mean the decedent had no control over who receives their assets, which family members are responsible for administering the estate, or how any specific item of personal property is distributed.

Frequently Asked Questions

Q. How long does probate take in Florida?

A. Summary administration typically takes one to three months. Formal administration for simple estates takes six to nine months. Average estates run nine to twelve months. Complex estates involving litigation, tax issues, or real property sales can take twelve to twenty-four months or longer.

Q. How much does a Florida probate lawyer cost in 2026?

A. Florida Statutes Section 733.6171 sets the presumed reasonable attorney fee schedule. Fees start at $1,500 for estates up to $40,000 and scale to $3,000 plus 3% of the value over $100,000 for estates between $100,000 and $1,000,000. Total probate costs typically run 3 to 7 percent of the gross estate value.

Q. What is the difference between summary and formal administration in Florida?

A. Summary administration is a simplified process available when the estate value does not exceed $150,000 as of July 1, 2026, or when the decedent has been dead for more than two years. Formal administration is required for larger estates and involves a personal representative appointment, a creditor notice period, an inventory, and a final accounting.

Q. What assets go through probate in Florida?

A. Assets that go through probate are those owned in the decedent's name alone at death with no beneficiary designation, no joint owner with right of survivorship, and no other transfer-on-death mechanism. Assets with named beneficiaries, jointly held property, funded trust assets, and property transferred through a Lady Bird Deed pass outside probate.

Q. Can probate be avoided in Florida?

A. Yes. Common strategies include funding a revocable living trust, using Lady Bird Deeds for real property, naming beneficiaries on financial accounts and retirement accounts, and holding property in joint tenancy with right of survivorship. An estate planning attorney can review your assets and identify the most efficient strategy for your situation.

Work With a Florida Probate Lawyer

Whether you are administering a loved one's estate now or planning ahead to spare your family the probate process in the future, the Florida probate lawyers at Elder Needs Law are ready to help. We handle summary and formal administrations across Florida and help families build estate plans designed to minimize or eliminate probate entirely. We serve all of Florida remotely and in person from offices in Aventura, Boca Raton, Plantation, and Spring Hill.