How Does Probate Work in Hillsborough County, Florida?
Losing someone you love is hard enough without the confusion of legal paperwork. Whether probate is needed in Hillsborough County depends on how the estate's assets were titled and the overall value. The Clerk of Circuit Court accepts filings in person and requires e-filing for attorneys.
Do I Need Probate?
Whether probate is necessary in Hillsborough County depends on how the deceased's assets were titled and what estate planning was in place.
Assets in a funded revocable living trust pass directly to beneficiaries without probate. Life insurance, retirement accounts with named beneficiaries, and jointly-held property with survivorship rights also transfer automatically. Only assets titled solely in the deceased's name—or caught by a "pour-over will" for unfunded trust assets—go through the Clerk of Circuit Court.
Because Florida's small-estate threshold is $0Fla. Stat. § 733.402Verified Apr 14, 2026, families in Hillsborough County who own real property will almost always need to file for full probate at the Clerk of Circuit Court.
Find out whether this estate needs to go through the Clerk of Circuit Court:
Filing at the Clerk of Circuit Court starts with gathering documentation: the original will, a certified death certificate, and records of the deceased's assets. Deeds, bank statements, and vehicle titles establish what was owned and how—which is what determines whether an asset goes through probate.
Filing at the Clerk of Circuit Court
Attorneys must e-file in Hillsborough County, but families handling probate without an attorney are exempt and can file on paper at the clerk's office or by mail.
13th Circuit uses mandatory checklists before any probate order is signed. Original Wills can be mailed to P.O. Box 3360, Tampa, FL 33601 or delivered in person within 10 days per F.S. 732.901.
Who Inherits Without a Will?
When someone dies without a will in Hillsborough County, Florida law decides who inherits. The distribution follows a fixed order based on family relationships—spouse, children, parents, siblings—and the outcome isn't always what families assume.
Check who would inherit this estate based on Florida's rules:
Surviving spouses in Florida can elect to take 30%Fla. Stat. §§ 732.2065, 732.2135Verified Apr 14, 2026 of the estate regardless of the will. This election must be filed at the Clerk of Circuit Court within 180 daysFla. Stat. §§ 732.2065, 732.2135Verified Apr 14, 2026 of receiving probate notice.
Florida provides constitutional homestead protection. The surviving spouse has a lifetime right to remain in the primary residence, and creditors cannot force its sale to satisfy estate debts.
The Clerk of Circuit Court can approve a family allowance of up to $18,000Fla. Stat. § 732.403Verified Apr 14, 2026 for the surviving spouse and minor children during probate. This is paid before creditors.
Creditors must be notified through newspaper publication in Hillsborough County for 2Fla. Stat. §§ 733.2121, 733.702, 733.705, 733.707, 733.710Verified Apr 14, 2026 consecutive weeks, and known creditors receive direct written notice. The claim deadline is 3 monthsFla. Stat. §§ 733.2121, 733.702, 733.705, 733.707, 733.710Verified Apr 14, 2026 from first publication.
Florida has adopted digital asset access laws, allowing executors to manage the deceased's email, social media, and online accounts as part of estate administration.
Property owned in other states requires separate "ancillary" probate proceedings in each state. Florida recognizes out-of-state personal representatives, which simplifies the process for families.
Legal Sources
- Fla. Stat. § 732.403
- Fla. Stat. § 733.402
- Fla. Stat. §§ 732.2065, 732.2135
- Fla. Stat. §§ 733.2121, 733.702, 733.705, 733.707, 733.710
Data sourced from Florida statutes and official state code. How we research.
Clerk of Circuit Court
Hillsborough County
Paper Filing Available
E-Filing Optional
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