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Home→Tools→Estate Settlement Checklist→Florida

How Do I Settle an Estate in Florida?

Generate a personalized checklist of steps to settle an estate. A few questions about the situation produce a full process plan.

Frequently Asked Questions

Settling an estate in Florida involves gathering assets, notifying creditors, paying debts, and distributing property to beneficiaries. Estates with a living trust typically settle within 6-12 months without court involvement. Estates requiring probate take 9-12 months on average, with a minimum 3-month creditor claim period.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

Creditors in Florida have 3 months to file claims against the estate after proper notice is published.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 The executor or personal representative must publish notice in a local newspaper and may also need to send direct notice to known creditors. No final distribution should occur until this period expires.

Florida typically requires a probate bond, but it can be waived if specified in the will.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 The bond protects beneficiaries and creditors from executor mismanagement. Bond premiums typically cost approximately 0.5% of the estate value annually.

In Florida, simple estates typically settle in 6-9 months. Average estates take 9-12 months. Complex estates with disputes, tax issues, 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

An executor (or personal representative) in Florida is responsible for filing the will with the probate court, inventorying assets, paying debts and taxes, and distributing remaining property to beneficiaries. The specific duties depend on whether the estate goes through formal probate or qualifies for simplified procedures. See the Florida executor checklist for a step-by-step guide.

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

Settling an Estate in Florida

The first step in settling an estate in Florida is evaluating the estate's size and how assets are titled. Estates under $0Fla. Stat. § 733.402 (bond — required by defaultVerified May 30, 2026 may bypass formal probate entirely. Trust-held assets transfer outside probate regardless of value.

Creditors in Florida have 3 monthsFla. Stat. § 733.702Verified May 30, 2026 to file claims after notice is published. This claim period sets a minimum timeline for estate settlement. Simple estates typically close in 6 monthsFla. Stat. § 733.402 (bond — required by defaultVerified May 30, 2026 to 9 monthsFla. Stat. § 733.402 (bond — required by defaultVerified May 30, 2026, while contested or complex estates take longer.

The executor or personal representative in Florida manages all estate affairs during the settlement period. Bond requirement: YesFla. Stat. § 733.402Verified May 30, 2026. A bond waiver in the will eliminates this expense. The Florida executor checklist details each responsibility.

Total settlement costs depend on estate size, complexity, and whether disputes arise. Attorney fees, executor compensation, court filing fees, and publication costs typically total 3-8% of estate value. A revocable living trust bypasses this entire process — assets transfer privately without court involvement.

SimplyTrustSimplyTrust Editorial·Updated May 30, 2026

Legal Sources

  • Fla. Stat. § 733.402
  • Fla. Stat. § 733.402 (bond — required by default
  • Fla. Stat. § 733.702

Data sourced from Florida statutes and official state code. How we research.

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In-depth guides covering Florida probate laws, trust requirements, and estate planning strategies.

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