How Does Probate Work in Florida? A Step-by-Step Guide

Disclosure: Pallas Growth is a cash home buyer. The information in this article is intended to be educational and objective. We also provide the cash purchase services described here.

Florida probate is governed by Chapter 733 of the Florida Statutes. Probate cases are filed in circuit courts throughout the state, and you can look up local court information through the Florida Courts portal. If you are dealing with probate real estate in Florida, you may also want our guide on selling a probate property in Florida.

When a loved one passes away in Florida, their estate doesn't automatically transfer to heirs. Unless the deceased was extremely careful with beneficiary designations and trust planning, most assets — including real estate — must pass through a court-supervised process called probate before heirs can legally receive them.

For many families, probate is their first encounter with the legal system. It's paperwork-heavy, time-consuming, and full of unfamiliar terminology. But it doesn't have to be overwhelming. This guide walks you through every phase of Florida probate in plain language — what happens, how long it takes, what you can and can't do with estate property, and how a cash sale fits into the picture.

What Is Probate and Why Does Florida Require It?

Probate is the legal process of administering a deceased person's estate — paying their debts, settling claims, and distributing their remaining assets to beneficiaries. The word comes from the Latin probatum, meaning "to prove," because the process originally focused on proving the validity of a will before a court.

Florida requires probate for a straightforward reason: when someone dies, they can no longer sign deeds, pay bills, or authorize transactions themselves. Probate creates a court-supervised legal framework with an authorized representative — the personal representative (what other states call the "executor") — who has the legal authority to act on behalf of the estate.

Not every asset requires probate, however. Assets that pass by operation of law — jointly titled property with survivorship rights, accounts with named beneficiaries (life insurance, IRAs, 401(k)s, payable-on-death bank accounts), and property held in a revocable living trust — all transfer automatically at death without court involvement. Only assets titled solely in the decedent's name and lacking a designated beneficiary must go through probate.

Formal vs. Summary Administration: Which Type of Probate Applies?

Florida has two main types of probate, and which one applies to your estate dramatically affects the timeline and cost.

Formal Administration

Formal administration is the standard probate process under Chapter 733. It is required when the gross estate exceeds $75,000 in value, or when the decedent died within the past two years. It involves appointing a personal representative, publishing a Notice to Creditors, completing an inventory of assets, paying claims, and obtaining court approval for major decisions — including the sale of real property.

Formal administration typically takes 6 months to 2 years depending on the size and complexity of the estate, whether the will is contested, and the workload of the local circuit court. Most real estate probate cases in Florida go through formal administration.

Summary Administration

Summary administration is a streamlined procedure available when the gross estate is $75,000 or less (excluding property exempt from creditors) OR when the decedent has been dead for more than two years. There is no personal representative appointed; instead, the court issues an Order of Summary Administration directing how assets are distributed. Summary administration can be completed in as little as 4 to 8 weeks in straightforward cases.

If the estate contains real property, summary administration works differently — the court order itself serves as the authority to transfer title, replacing the need for a separate deed from a personal representative. However, if there are debts or disputes, summary administration can become complicated and a probate attorney's guidance is essential.

Phase 1: Opening the Estate — Petition and Letters of Administration

Formal administration begins when a petition is filed with the circuit court in the county where the decedent was domiciled (or where the property is located if the decedent lived out of state). If there is a will, the petitioner also files it for admission — this is the moment the will is formally "proved" before the court.

Admitting the Will to Probate

The court reviews the will to confirm it meets Florida's execution requirements: signed by the testator in the presence of two witnesses, who also signed in the testator's presence (Florida Statute §732.502). If the will is a "self-proved" will (includes a notarized affidavit from the witnesses), this step is faster. If witnesses need to be located or the will is challenged, delays can arise.

If there is no will (the decedent died "intestate"), the court appoints a personal representative according to Florida's intestate succession laws — typically the surviving spouse first, then adult children, then other close relatives.

Letters of Administration

Once the court appoints the personal representative and they take an oath of office, the court issues Letters of Administration. This document is the personal representative's legal authority — banks, title companies, real estate agents, and anyone else involved with estate assets will require an original or certified copy of the Letters before cooperating. Without Letters, the personal representative cannot act.

Phase 2: Notice to Creditors and the Claim Period

After being appointed, the personal representative must publish a Notice to Creditors in a local newspaper for two consecutive weeks. Under Florida Statute §733.702, this notice starts the creditor claim period.

Creditors who receive actual notice of the estate have 30 days from receipt to file a claim. Creditors who only see the published notice have 90 days from the first publication date. Any creditor who fails to file within these deadlines is barred from collecting from the estate — even if the debt is legitimate.

The 90-day claim period is often called the "creditor period" and is one of the primary reasons Florida probate takes at least several months. The estate cannot be fully distributed until either the creditor period has expired or all known claims have been resolved. However, as we'll discuss below, real estate can be sold during this period — the proceeds simply remain in the estate.

Phase 3: Inventory and Appraisal of Estate Assets

Within 60 days of appointment (unless the court grants an extension), the personal representative must file an inventory of estate assets with the court. The inventory lists every probate asset with an estimated fair market value as of the date of death.

For real estate, this typically means hiring a licensed appraiser to determine the date-of-death value. This appraised value matters for multiple reasons: it establishes the estate's gross value (determining whether formal or summary administration applies), it may be used to calculate any federal estate tax liability, and it provides the "stepped-up basis" that heirs will use to calculate capital gains if they later sell the property.

The stepped-up basis is one of the most significant tax benefits of inherited property. If the decedent bought a home for $80,000 in 1990 and it was worth $350,000 at death, the heir's cost basis is $350,000 — not $80,000. Selling the home shortly after inheriting it, at or near the appraised value, typically means little or no capital gains tax for the heir.

Phase 4: Selling Estate Real Property — Court Authorization Required

This is where Florida probate differs significantly from New Jersey and many other states: in Florida, the personal representative must obtain court authorization before selling estate real property. The authority granted by Letters of Administration alone is not sufficient to complete a real estate sale.

The Petition to Sell Real Property

Under Florida Statute §733.613, the personal representative files a Petition to Sell Real Property with the probate court. This petition describes the property, states the proposed sale price and terms, explains why the sale is in the estate's best interest, and identifies any interested parties (heirs, creditors) who may object.

Interested parties are served with notice and have an opportunity to object. If no objections are filed — which is the norm in uncontested estates — the court schedules a hearing (or in some counties, rules on the petition without a hearing) and issues an Order Authorizing Sale. This process typically takes 2 to 6 weeks from filing the petition to receiving the order, depending on court workload.

Closing the Sale

Once the Order Authorizing Sale is in hand, the personal representative can sign the deed and close the sale. A cash buyer who is already under contract and has reviewed title can close within days of receiving the order. The sale proceeds are deposited into the estate bank account and used first to pay estate debts, then distributed to beneficiaries.

For more on how the sale process works and how Pallas Growth supports executors through it, see our guide on selling a house while probate is open in Florida.

Phase 5: Final Accounting and Distribution

Once the creditor period has passed, all claims have been paid or resolved, and all estate assets have been collected, the personal representative prepares a final accounting. This is a detailed report to the court and beneficiaries showing every dollar that came into the estate and every dollar that went out — debts paid, expenses incurred, sale proceeds received.

Beneficiaries have the right to review and object to the final accounting. Once the court approves it — or all beneficiaries sign a written waiver of formal accounting — the personal representative can make final distributions. Each beneficiary receives their share (cash, property, or both), and the personal representative files a Petition for Discharge to formally close the estate.

At this point, the personal representative's authority ends, the probate court's supervision is lifted, and the estate is fully settled. The entire process — from filing the initial petition to discharge — typically takes 9 months to 18 months for a straightforward estate with real estate, and longer if the estate has complex assets, contested claims, or busy courts.

How Long Does Florida Probate Take? County-by-County Variation

The statutory minimum timeline for Florida formal administration — accounting for the 90-day creditor period plus time to file, get letters, inventory, petition to sell, account, and discharge — puts the absolute floor at around 6 to 9 months. In practice, most estates take longer.

High-volume courts like Miami-Dade and Broward County move slower simply due to caseload. More rural counties with lighter dockets often process matters faster. Whether the estate has an attorney filing paperwork promptly matters enormously — a personal representative attempting to navigate probate without professional help frequently encounters filing errors and missed deadlines that add months.

For an in-depth breakdown of Florida probate timelines by phase — including how to identify delays and what you can do to speed things up — see our detailed guide on how long probate takes in Florida.

Frequently Asked Questions

Q: Does every Florida estate need to go through probate?

Not necessarily. Assets with named beneficiaries (life insurance, retirement accounts, payable-on-death bank accounts), jointly titled property, and assets held in a revocable living trust all pass outside probate. However, any asset titled solely in the decedent's name — including most real estate — requires probate to legally transfer ownership unless the estate qualifies for summary administration (gross value under $75,000, or death occurred more than 2 years ago).

Q: Can I sell estate property before probate closes in Florida?

Yes, but only after the court authorizes the sale. Under Chapter 733 of the Florida Statutes, the personal representative must file a Petition to Sell Real Property and obtain a court order before completing any sale. Once the court order is issued — typically 1 to 4 weeks after filing — the sale can proceed. A cash buyer experienced with probate law can work within this window and close in as few as 7 to 14 days after the order is issued.

Q: What is the creditor period in Florida probate?

Under Florida Statute §733.702, creditors have 90 days from the date the Notice of Administration is published to file claims against the estate, or 2 years from the date of death if no Notice was published — whichever is earlier. This period must expire (or all known claims must be resolved) before the estate can be fully distributed. Real estate can be sold during the creditor period; sale proceeds remain in the estate to satisfy any claims.

Q: What happens when heirs disagree about selling estate property in Florida?

When beneficiaries disagree about a sale, the personal representative must balance their fiduciary duty to the estate with the interests of all parties. If a sale is in the estate's best interest — to pay debts, because the property is losing value, or because carrying costs are depleting the estate — the personal representative can petition the court to authorize the sale over objections. The court evaluates whether the sale serves the estate's overall best interest.

Q: Is there a Florida estate or inheritance tax?

No. Florida has no state estate tax and no inheritance tax. After the federal estate tax exemption (currently over $13 million per individual), most Florida estates owe no estate tax whatsoever. Heirs receive the full value of what they inherit without any state-level taxation — one reason Florida is popular for retirement and estate planning.

The Bottom Line: Florida Probate Is Manageable — With the Right Guidance

Florida probate is a structured, court-supervised process that protects everyone with an interest in the estate — heirs, creditors, and the public. It takes time, but it follows predictable phases. The key variables are the type of administration required, the efficiency of the personal representative and their attorney, and the court's local docket.

If you're managing Florida probate real estate, the most important thing to know is this: you can sell during probate, but you must follow the court authorization process. Cutting corners — like deeding property without court authorization — creates title defects that can haunt heirs for years. Work with a probate attorney for the legal side and, when you're ready to sell, a cash buyer who understands how to work within the probate timeline.

If New Jersey is your state, see our parallel guide on how probate works in New Jersey — the process there is notably faster because executors can sell property without court approval.