How Florida Probate Works: Summary Administration and Full Probate (2026)

Florida offers two probate paths. For smaller estates (under $150,000, no real property), summary administration is streamlined and quick. For larger estates, full probate applies.

Summary Administration (Smaller Estates)

Steps

1. File petition with probate court
2. Serve notice on heirs and creditors within 5 days
3. Court reviews the petition and assets
4. Judge approves (typically within 4 to 6 weeks)
5. Distribute assets to beneficiaries
6. Close the estate with court approval

Timeline

2 to 4 months from start to finish.

No Waiting Period

Florida has no mandatory waiting period. You can file immediately after death.

Full Probate (Larger Estates)

For estates over $150,000 or containing real property:

1. File petition with probate court
2. Get appointed as personal representative (4 to 8 weeks)
3. Notify heirs and creditors of the appointment
4. Collect assets and file inventory within 60 days
5. Creditor period (typically 3 months from the date notice is first published)
6. File accounting with court
7. Distribute assets (after creditor deadline and taxes paid)
8. Close estate with court discharge

Timeline

6 to 12 months.

Key Advantage: No Waiting Period

Unlike California (40 days) and Texas (30 days), Florida allows you to proceed immediately. This makes Florida one of the fastest states for estate settlement.

Use ExecutorBench's free eligibility checker to confirm your Florida route.

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Disclaimer: ExecutorBench provides self-help workflow software and document preparation support. It is not a law firm and does not provide legal advice. For specific questions about Florida probate procedures, consult an attorney licensed in Florida.