Do I Need a Lawyer for Probate in Florida?
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 principle, yes: Florida allows a self-represented person to apply for lettersFla. Stat. §§ 733.101-733.402 (venue, petition, appointment, letters, bond); Fla. Prob. R. 5.200 (petition), 5.235 (issuance of letters, bond), 5.030 (attorney required)Verified Aug 24, 2026View source, but it has no standardized statewide probate form, so the opening petition is drafted as a formal legal pleading, and informal probate is not available. Most people in this position work with an attorney; the small-estate procedures remain simpler to handle independently.
The Florida court filing fee is $400Fla. Stat. §§ 28.2401(1)(g), (3); 44.108(1)Verified Sep 8, 2026View source, and publication of the creditor notice is a separate cost set by the newspaper. Florida requires a bond of the personal representative by defaultFla. Stat. § 733.402Verified Sep 8, 2026View source, so a bond premium is a cost too unless the will or the heirs waive it. The filing fee is a fraction of what probate costs with counsel: attorney fees are the largest line, and self-filing removes that line while court costs, publication and executor compensation stay the same.
A simple estate in Florida typically takes 6 months to 9 months. The creditor claim period of 3 monthsFla. Stat. § 733.702Verified Sep 8, 2026View source is the floor: final distribution waits for it to run. Self-filed probate takes the same time as attorney-filed probate; the court's calendar, not the filer, sets the pace.
Florida sets no dollar limit for its Disposition Without AdministrationFla. Stat. § 733.402 (bond — required by default: "Unless the bond requirement has been waived by the will or by the courtVerified Sep 8, 2026View source; eligibility turns on other tests. Florida's small estate shortcut is a court procedure: the court's own order authorizes collection. There is no affidavit to present to a bank. It is the simplest probate-related filing to handle without an attorney.
Probate in Florida runs from filing the petition for probate, which requests Letters from the court, through notice to heirs and creditors, the inventory, payment of debts and taxes, to distribution of what remains and the closing of the estate. Each step has its own court requirement and deadline. The Florida estate settlement plan carries every step from filing to final distribution.
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Forms for Settling an Estate in Florida
Free forms for settling an estate in Florida: the probate petition, small estate affidavit, notice to creditors, inventory, and closing forms.
Notice to Creditors
In Florida, the notice to creditors is published for 2Fla. 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 Oct 18, 2026View source weeks in a local newspaper, and creditors have 3 monthsFla. Stat. § 733.702Verified Sep 8, 2026View source from first publication to present claims.
Renunciation of Executor
In Florida, a person named as personal representative may renounce the right to serveFla. Stat. § 733.301(1)(a), (4); Fla. Prob. R. 5.201(b); Fla. Stat. § 731.302Verified Sep 23, 2026View source before anyone is appointed.
Estate Inventory
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.
Estate Closing
In Florida, the personal representative is discharged by court orderFla. Prob. R. 5.400(e); Fla. Stat. § 733.901Verified Sep 15, 2026View source, and a final accounting is required unless it is waived.
Tools for Settling an Estate in Florida
Free tools for settling an estate in Florida: whether probate is needed, executor and trustee pay, creditor deadlines, and inheritance taxes.
How Much Can an Executor Charge?
Florida sets executor compensation on a statutory schedule that is presumed reasonable — about $15,000 on a $500,000 estate, roughly 3.0%Fla. Stat. § 733.617Verified Sep 8, 2026View source.
How Do I Get Appointed as Executor?
In Florida, the Circuit Court appoints the personal representative and the The Circuit Court issues Letters of Administration; every appointment goes through the court.
What Are the Creditor Claim Deadlines?
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.
What Happens When an Estate Is Insolvent?
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.
How Do I Open an Estate Account When Someone Dies?
Compare estate-account opening requirements bank by bank: channels, required documents, and steps.
What Is the Estate's Personal Property Worth for Probate?
Estimate the fair market value of household items for probate and see how it affects fees.
How Much Does Probate Cost?
Probate on a $500,000 estate in Florida costs an estimated $30,600Fla. Stat. § 733.6171Verified Sep 8, 2026View source. Attorney fees on a statutory schedule presumed reasonableFla. Stat. § 733.6171Verified Sep 8, 2026View source.
Hire a Florida Probate Attorney
Browse 152 probate firms in Florida with addresses, contact info, and practice details.
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Florida Estate Settlement Resources
In-depth guides covering Florida probate, estate administration, and settling an estate.