Florida Inheritance: Plan an Estate or Settle One

Florida has not adopted the Uniform Probate Code, has enacted the Uniform Trust CodeFla. Stat. § 736.0101 et seq.Verified Oct 17, 2026View source, and has not adopted the Uniform Power of Attorney ActFla. Stat. §§ 709.2101, 709.2104, 709.2105, 709.2106, 709.2108, 709.2109, 709.2113, 709.2119, 709.2120, 709.2201, 709.2202, 709.2208, 709.2209 (2024 supported decisionmaking — informational only, not a POA); § 695.01 (recording); § 695.03 (alternative acknowledgment methods referenced by § 709.2105(2))Verified Sep 18, 2026View source.

Probate of a simple estate in Florida runs 6 months to 9 months; an average estate takes 9 months to 12 months. The court filing fee is $400Fla. Stat. §§ 28.2401(1)(g), (3); 44.108(1)Verified Sep 8, 2026View source; attorney fees are a statutory schedule presumed reasonableFla. Stat. § 733.6171Verified Sep 8, 2026View source. On a $500,000 estate the estimated total comes to $30,600Fla. Stat. § 733.6171Verified Sep 8, 2026View source. The personal representative must post a bondFla. Stat. § 733.402Verified Sep 8, 2026View source, which the will may waiveFla. Stat. § 733.402Verified Sep 8, 2026View source.

Certified death certificates come from the Florida Department of Health - Bureau of Vital StatisticsFlorida Department of Health - Bureau of Vital StatisticsVerified Oct 15, 2026View source at $5Florida Department of Health - Bureau of Vital StatisticsVerified Oct 15, 2026View source a copy, $4Florida Department of Health - Bureau of Vital StatisticsVerified Oct 15, 2026View source for each additional copy ordered with it. Processing time: 3-5 business days (2009-present), plus shippingFlorida Department of Health - Bureau of Vital StatisticsVerified Oct 15, 2026View source. Once appointed, the personal representative files the estate inventory within 60 daysFla. Prob. R. 5.340; Fla. Stat. § 733.604Verified Sep 15, 2026View source of appointment and publishes the notice to creditors for 2Fla. Stat. §§ 733.2121, 733.702 (later of 3 months from first publication or 30 days from service on a served creditor), 733.703, 733.705, 733.707, 733.710Verified Oct 18, 2026View source consecutive weeks.

A surviving spouse left out of the will can elect to takeFla. Stat. §§ 732.201, 732.2065, 732.2135, 732.702Verified Sep 15, 2026View source 30%Fla. Stat. §§ 732.201, 732.2065, 732.2135, 732.702Verified Sep 15, 2026View source of the estate instead. The family allowance during administration is capped at $18,000Fla. Stat. § 732.403Verified Oct 11, 2026View source. Property left to a minor under the Uniform Transfers to Minors Act is released at 21 yearsFla. Stat. § 710.123; §§ 710.105-710.108Verified Sep 15, 2026View source of age. Florida has no state income taxFla. Const. Art. VII, § 5(a)Verified Sep 20, 2026View source, so an inheritance and the income it earns are taxed only federally.