For anyone planning an estate in Florida or settling one: what a will or trust costs, whether an estate needs probate, what executors and trustees are paid, and the taxes on an inheritance, each answered under Florida law.
36 tools for Florida
Probate in Florida takes 6 months to 9 months for a simple estate and charges attorney fees on a statutory schedule presumed reasonableFla. Stat. § 733.6171Verified Sep 8, 2026View source; assets held in a revocable trust skip both.
Florida does not authorize transfer on death deeds; sole-name real property goes through probate, at least 6 months for a simple estate, unless held in a trust or with a right of survivorship.
Florida does not offer a transfer-on-death designation on a vehicle title; a vehicle passes by will, trust, joint title, or probate.
Florida has no statewide fill-in probate petition, so the opening petition is drafted as a legal pleading, and informal probate is not available.
In Florida, the Circuit Court appoints the personal representative and the The Circuit Court issues Letters of Administration; every appointment goes through the court.
In Florida, creditors have 3 monthsFla. Stat. § 733.702Verified Sep 8, 2026View source from first publication of the creditor notice to present claims; late claims are barred.
When an estate owes more than it holds, Florida pays the claims in 8Fla. Stat. § 733.707Verified Sep 23, 2026View source classes in statutory order, beginning with costs and expenses of administration, and compensation of personal representatives and their attorneys.
Compare estate-account opening requirements bank by bank: channels, required documents, and steps.
Compare trust-account requirements bank by bank: how a revocable trust account is opened or retitled, and what proves the trust.
See which federal withdrawal rules apply to an inherited IRA, Roth IRA, or employer plan, the deadline year, and the missed-withdrawal tax.
Florida has no state income tax, so only the federal final Form 1040 is due for the decedentFla. Const. Art. VII, § 5(a)Verified Sep 20, 2026View source; a federal estate tax return (Form 706) is required only for estates above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
Estimate the fair market value of household items for probate and see how it affects fees.
In Florida, a will-based plan pays probate attorney fees on a statutory schedule presumed reasonableFla. Stat. § 733.6171Verified Sep 8, 2026View source; a funded revocable trust keeps those assets out of probate and off that fee.
Settling an estate in Florida: the personal representative files the estate inventory within 60 daysFla. Prob. R. 5.340; Fla. Stat. § 733.604Verified Sep 15, 2026View source of appointment; creditors have 3 monthsFla. 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 Sep 15, 2026View source to present claims; a simple estate closes in 6 months to 9 months.
Settling a trust in Florida happens outside court: the trustee acts under the state's Uniform Trust CodeFla. Stat. § 736.0101 et seq.Verified Jul 15, 2026View source, notifies the beneficiaries within 60 daysFla. Stat. §§ 736.0813, 736.1008, 736.10081Verified Sep 15, 2026View source, then pays the debts and distributes under the trust's terms.
After a death in Florida, the estate either qualifies for the simplified procedure for estates under $150,000 or goes through probate, where creditors have 3 monthsFla. Stat. § 733.702Verified Sep 8, 2026View source to file claims after notice.