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: "Unless the bond requirement has been waived by the will or by the court, every fiduciary to whom letters are granted shall execute and file a bond with surety"; banks/trust companies exempt under (3)), § 733.617(2) (PR commission presumed reasonable: 3% first $1M, 2.5% $1M-$5M, 2% $5M-$10M, 1.5% above $10M), § 733.6171(3) (attorney compensation presumed reasonable: $1,500 for estates $40,000 or less; +$750 $40K-$70K; +$750 $70K-$100K; "3 percent on the next $900,000"; 2.5% $1M-$3M; 2% $3M-$5M; 1.5% $5M-$10M; 1% above $10M; written disclosure of negotiability required by (2)(b)), § 733.604(1)(a) (PR self-values the estate in a verified inventory — no court appraiser), § 733.702(1) (creditor claims: later of 3 months from first publication OR 30 days from service on the creditor), § 733.710(1) (absolute 2-year nonclaim bar from date of death), § 733.2121(2) (publication "once a week for 2 consecutive weeks, in a newspaper published in the county where the estate is administered"), § 735.201(2) (summary administration: estate less exempt property "does not exceed $150,000 ... or ... the decedent has been dead for more than 2 years" — $150,000 per Ch. 2026-57 § 7, in force since 2026-07-01), § 735.301(1) (disposition without administration: decedent "leaving only personal property" whose nonexempt value does not exceed preferred funeral expenses + last-60-days medical/hospital expenses; no fixed dollar cap; not amended by Ch. 2026-57). Re-verified 2026-07-14 by live fetch of the Ch. 733 and Ch. 735 statute pages on leg.state.fl.us and the enrolled chapter law Ch. 2026-57 at laws.flrules.org/2026/57 (act § 14: "This act shall take effect July 1, 2026"). Codified republication on leg.state.fl.us still printed the pre-2026 figures ($75,000 / $2,500 / $1,000 / $10,000) on 2026-07-14; the chapter law controls.Verified Jul 15, 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. On a $500,000 estate, total costs run about $33,095 depending on complexity. Use the Florida probate cost calculator for a detailed estimate.

Estates that exceed the small estate limit but are valued under $150,000 may qualify for Summary Administration in Florida.Fla. Stat. § 733.402 (bond — required by default: "Unless the bond requirement has been waived by the will or by the court, every fiduciary to whom letters are granted shall execute and file a bond with surety"; banks/trust companies exempt under (3)), § 733.617(2) (PR commission presumed reasonable: 3% first $1M, 2.5% $1M-$5M, 2% $5M-$10M, 1.5% above $10M), § 733.6171(3) (attorney compensation presumed reasonable: $1,500 for estates $40,000 or less; +$750 $40K-$70K; +$750 $70K-$100K; "3 percent on the next $900,000"; 2.5% $1M-$3M; 2% $3M-$5M; 1.5% $5M-$10M; 1% above $10M; written disclosure of negotiability required by (2)(b)), § 733.604(1)(a) (PR self-values the estate in a verified inventory — no court appraiser), § 733.702(1) (creditor claims: later of 3 months from first publication OR 30 days from service on the creditor), § 733.710(1) (absolute 2-year nonclaim bar from date of death), § 733.2121(2) (publication "once a week for 2 consecutive weeks, in a newspaper published in the county where the estate is administered"), § 735.201(2) (summary administration: estate less exempt property "does not exceed $150,000 ... or ... the decedent has been dead for more than 2 years" — $150,000 per Ch. 2026-57 § 7, in force since 2026-07-01), § 735.301(1) (disposition without administration: decedent "leaving only personal property" whose nonexempt value does not exceed preferred funeral expenses + last-60-days medical/hospital expenses; no fixed dollar cap; not amended by Ch. 2026-57). Re-verified 2026-07-14 by live fetch of the Ch. 733 and Ch. 735 statute pages on leg.state.fl.us and the enrolled chapter law Ch. 2026-57 at laws.flrules.org/2026/57 (act § 14: "This act shall take effect July 1, 2026"). Codified republication on leg.state.fl.us still printed the pre-2026 figures ($75,000 / $2,500 / $1,000 / $10,000) on 2026-07-14; the chapter law controls.Verified Jul 15, 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.