Florida probate has some notable quirks — including a residency requirement for personal representatives and a relatively short creditor window compared to most states. Many smaller estates qualify for summary administration, which can close in as little as a few months.
How Probate Works in Florida
Florida probate is filed in the Circuit Court of the county where the deceased was domiciled. Florida uses two main types of administration: formal administration (the full probate process, required for most estates) and summary administration (a faster, simplified option for qualifying estates).
One important Florida-specific rule: the personal representative (Florida's term for executor) must either be a Florida resident or a close family member (spouse, child, parent, sibling). Non-family members who live outside Florida cannot serve as personal representatives — a limitation that surprises many families who named an out-of-state friend in a will.
Small Estate Shortcuts in Florida
Florida's summary administration is available when the total value of the probate estate is $75,000 or less, or when the deceased has been dead for more than two years (regardless of estate value). Summary administration is significantly faster than formal administration — many cases close within 1–3 months — and requires only a petition to the court rather than ongoing court supervision.
The two-year rule is particularly useful: if more than two years have passed since the death, families who never opened probate can still use summary administration to transfer assets, even for larger estates. This often comes up when a family delayed handling the estate.
State Estate Tax
Florida has no state estate tax or inheritance tax. This is one reason Florida is a popular state for retirees with significant assets — the combination of no income tax and no estate tax makes it attractive for estate planning purposes.
How Long Does Probate Take in Florida?
Formal administration in Florida typically takes 6 to 12 months. The 3-month creditor period is one of the shortest in the country, but court scheduling in Miami-Dade, Broward, and Palm Beach counties can add delays. Summary administration, when available, often closes in 1 to 3 months.
Personal Representative Compensation
Florida sets statutory compensation for personal representatives: 3% of the first $1 million of the estate value, 2.5% of the next $4 million, 2% of the next $5 million, and 1.5% above $10 million. These fees are paid from estate assets. Attorney fees follow a similar statutory schedule. Personal representatives can petition for additional compensation if the estate requires extraordinary services.