When Is Probate Required in Florida?

Real estate in Florida generally requires probate to transfer ownership unless it was held in a trust, owned jointly with right of survivorship, or had a transfer-on-death deed recorded (if available in the state). A revocable living trust outlines alternatives to probate for real estate.

In Florida, assets that typically avoid probate include: property in a living trust, accounts with named beneficiaries (retirement accounts, life insurance, POD bank accounts), jointly owned property with right of survivorship, and vehicles with transfer-on-death registration if available. The trust vs. will comparison outlines how a trust helps bypass probate.

In Florida, simple estates typically take 6-9 months. Average estates take 9-12 months. Complex estates with disputes or unusual assets can take 12-24 months or longer.Fla. Stat. § 733.402 (bond — required by default; waivable by will or court order; banks/trust companies exempt), § 733.617 (PR commission presumed reasonable: 3% first $1M, 2.5% $1M-$5M, 2% $5M-$10M, 1.5% above $10M), § 733.6171 (attorney compensation presumed reasonable: $1,500 flat ≤$40K; +$750 $40K-$70K; +$750 $70K-$100K; 3% $100K-$1M; 2.5% $1M-$3M; 2% $3M-$5M; 1.5% $5M-$10M; 1% above $10M; written disclosure of negotiability required), § 733.702 (creditor claims: later of 3 months from first publication OR 30 days from service on known creditor), § 733.710 (absolute 2-year nonclaim bar from date of death), § 733.2121 (publication once/week for 2 consecutive weeks in county newspaper), § 735.201 (summary administration: nonexempt estate ≤$75K OR decedent dead >2 years), § 735.301 (disposition without administration: nonexempt personal property ≤ funeral expenses + 60-day medical/hospital expenses; no fixed dollar cap). Re-verified 2026-05-30 via leg.state.fl.us — all statutory values and thresholds confirmed unchanged.Verified May 30, 2026 Estimate total costs with the Florida probate calculator.

Probate costs in Florida typically include attorney fees, executor fees, court filing fees, and publication costs. Total costs generally range from 3-8% of the estate value depending on complexity. Use the Florida probate cost calculator for a detailed estimate.

Estates that exceed the small estate limit but are valued under $75,000 may qualify for Summary Administration in Florida.Fla. Stat. § 733.402 (bond — required by default; waivable by will or court order; banks/trust companies exempt), § 733.617 (PR commission presumed reasonable: 3% first $1M, 2.5% $1M-$5M, 2% $5M-$10M, 1.5% above $10M), § 733.6171 (attorney compensation presumed reasonable: $1,500 flat ≤$40K; +$750 $40K-$70K; +$750 $70K-$100K; 3% $100K-$1M; 2.5% $1M-$3M; 2% $3M-$5M; 1.5% $5M-$10M; 1% above $10M; written disclosure of negotiability required), § 733.702 (creditor claims: later of 3 months from first publication OR 30 days from service on known creditor), § 733.710 (absolute 2-year nonclaim bar from date of death), § 733.2121 (publication once/week for 2 consecutive weeks in county newspaper), § 735.201 (summary administration: nonexempt estate ≤$75K OR decedent dead >2 years), § 735.301 (disposition without administration: nonexempt personal property ≤ funeral expenses + 60-day medical/hospital expenses; no fixed dollar cap). Re-verified 2026-05-30 via leg.state.fl.us — all statutory values and thresholds confirmed unchanged.Verified May 30, 2026 This is a faster and less expensive alternative to full probate, with fewer court appearances and simplified reporting requirements.

The most common ways to avoid probate in Florida include creating a revocable living trust, adding beneficiary designations to accounts, titling property as joint tenants with right of survivorship, and using transfer-on-death deeds where available. The trust vs. will comparison compares the two approaches side by side.