Florida Probate Filing Requirements: a Step-by-Step Guide

If someone you loved recently passed away in Florida, you're probably staring at a pile of legal paperwork wondering where to even begin. Filing for probate in Florida isn't something most people ever plan to learn about but when the time comes, getting it right matters. Miss a deadline or file the wrong form, and the whole process can stall, costing your family months of waiting and hundreds of dollars in extra fees. This step-by-step guide walks you through exactly what Florida probate filing requires, who needs to do it, and how to avoid the mistakes that trip people up most often.

What Does Probate Filing Actually Mean in Florida?

Probate is the legal process where a Florida court oversees the distribution of a deceased person's assets, the payment of their debts, and the transfer of property to beneficiaries. Filing for probate means you're officially opening a case with the circuit court in the county where the person lived at the time of death.

Florida has specific rules under Chapter 733 of the Florida Statutes that govern how this works. These rules spell out who can file, what documents are required, and what timelines apply. If the person had a will, the court validates it. If they didn't, Florida's intestacy laws decide who inherits what.

Not every estate needs full probate. Small estates under a certain value or assets that pass directly to a beneficiary (like life insurance or jointly held property) may skip the process entirely. But for most estates with real estate, bank accounts solely in the deceased person's name, or significant personal property, probate filing is unavoidable.

Who Is Responsible for Filing Probate in Florida?

The person named as personal representative (called an "executor" in many other states) in the will typically files. If there's no will, Florida law gives priority to the surviving spouse, then other family members. The personal representative is the one who gathers documents, files the initial paperwork, and manages the estate through the court process.

You don't have to be a Florida resident to serve as personal representative, but there are specific rules that apply. If you're handling this from another state, review the requirements for out-of-state executors filing in Florida before you proceed.

Which Type of Probate Applies to This Situation?

Florida offers three main types of probate administration. The type that applies depends on the size of the estate and whether there are disputes.

Formal Administration

This is the most common type. It applies to estates where the decedent's assets exceed $75,000 (not counting homestead property) or when the person has been dead for less than two years. Formal administration involves full court oversight, creditor notice periods, and a structured timeline for distributing assets.

Summary Administration

Available when the total estate value is $75,000 or less (excluding exempt property like homestead) or when the person has been dead for more than two years. Summary administration is faster and requires fewer filings. There's no appointed personal representative the court simply enters an order distributing assets.

Disposition Without Administration

This is the simplest option and only applies when the deceased person's estate consists entirely of personal property (no real estate) and their final expenses (like medical bills or funeral costs) exceed the value of the assets. No formal probate case is opened.

What Documents Do You Need to File Probate in Florida?

Gathering the right paperwork before you go to the courthouse saves time and prevents rejection. The exact documents depend on the type of probate, but here's what you'll need for a standard formal administration:

Original will (if one exists) must be filed with the court within 10 days of learning of the death
Death certificate certified copies from the Florida Department of Health
Petition for Administration (Form 5.030 or equivalent) the formal request to open probate
Oath of Personal Representative a sworn statement that the personal representative will faithfully perform their duties
Order Appointing Personal Representative
Letters of Administration the court-issued document giving the personal representative authority to act
Designation of Resident Agent (if the personal representative lives out of state)
Notice of Administration sent to interested parties after the case is opened
Proof of Publication a notice published in a local newspaper to alert unknown creditors
Inventory of the estate filed within 60 days of appointment

For a detailed breakdown of each form and where to get it, see our guide on what documents are needed to file probate in Florida.

Step-by-Step: How to File Probate Paperwork in Florida

Here's the actual sequence of filing, from the moment the person dies to the point where the estate is closed.

Obtain the death certificate. Request at least 10 certified copies. You'll need them for banks, the court, insurance companies, and county records.
Locate the will. Check the deceased person's safe deposit box, home safe, or their attorney's office. Florida law requires the will to be filed with the clerk of court in the county where the person lived.
File the will and petition with the clerk of court. Submit the original will, the Petition for Administration, the death certificate, and the filing fee to the circuit court. Filing fees vary by county but typically range from $235 to $400.
Get appointed as personal representative. After the court reviews the petition, it issues an Order Appointing Personal Representative and Letters of Administration. You can't legally act on behalf of the estate until this happens.
Obtain an EIN for the estate. Apply for a federal Employer Identification Number from the IRS. The estate needs its own tax ID to open a bank account.
Publish notice to creditors. Publish a notice in a newspaper in the county where probate is filed. Creditors then have 90 days (or 30 days after actual notice) to file claims against the estate.
Serve notice to known creditors. Send direct written notice to any creditors you can identify. This is separate from the newspaper publication.
File the inventory. Within 60 days of appointment, file a verified inventory of the estate's assets with the court.
Pay valid debts and expenses. From estate funds, pay creditor claims, funeral costs, administrative expenses, and taxes in the order Florida law requires.
File the petition for discharge. Once all debts are paid and the required time has passed, file a final accounting and petition the court to close the estate and distribute remaining assets.

If you want to handle this without hiring a probate attorney, we break it down further in our article on filing probate paperwork in Florida without a lawyer.

What Are the Florida Probate Court Filing Deadlines?

Florida probate has several time-sensitive requirements. Missing any of these can result in court delays, personal liability, or removal as personal representative.

10 days The will must be filed with the clerk of court within 10 days of learning of the death (Fla. Stat. § 733.201).
3 months After Letters of Administration are issued, you have 3 months to file the estate inventory (though the court can shorten this to 60 days).
90 days Unknown creditors have 90 days from the first publication of the notice to file claims.
20 days Known creditors must file claims within 30 days of receiving direct notice, or 30 days of the first publication, whichever is later.
2 years If probate hasn't been opened within 2 years of death, only summary administration may be available, and certain rights may be lost.

Do Filing Requirements Differ by County in Florida?

Yes, and this catches a lot of people off guard. While the Florida Probate Rules are statewide, individual circuit courts have their own local procedures, preferred forms, and filing practices. Some counties require electronic filing. Others still accept paper documents. Some have specific cover sheets or additional forms.

Miami-Dade, Broward, Hillsborough, and Orange counties all handle filings slightly differently. Before submitting anything, check with the clerk of court in your specific county. Our resource on Florida probate court filing requirements by county covers the most common differences you'll encounter.

What Are the Most Common Probate Filing Mistakes in Florida?

After working with families navigating this process, certain mistakes come up again and again:

Filing in the wrong county. Probate must be filed in the circuit court of the county where the deceased person lived not where they died, and not where the property is located.
Not filing the original will. A photocopy of a will is much harder to admit to probate. The original must be filed with the court.
Serving as personal representative before the court appoints you. You have zero legal authority until Letters of Administration are issued. Don't access bank accounts, sell property, or pay creditors before you're officially appointed.
Missing the creditor notice period. Failing to properly notify creditors can leave the personal representative personally liable for unpaid debts.
Using estate funds for personal expenses. Even temporarily. Estate funds belong to the estate. Mixing personal and estate money creates legal trouble.
Forgetting to file the inventory. This is a mandatory filing. The court can remove a personal representative who fails to file it on time.

How Much Does It Cost to File for Probate in Florida?

The filing fees themselves are relatively modest. Most Florida circuit courts charge between $235 and $400 to open a probate case. However, the total cost of probate depends on several factors:

Court filing fees: $235–$400 (varies by county)
Attorney fees: Florida statutes suggest a presumptive fee of 3% of the estate's first $1 million in value, but actual fees are negotiable
Publication costs: $100–$250 for the required newspaper notice
Certified copies: $5–$15 each for death certificates and court documents
Bond premium: If the court requires a personal representative bond, the cost depends on the estate value

For estates where the personal representative handles things without an attorney, total out-of-pocket costs often stay under $1,000. For complex estates with disputes or significant assets, attorney fees can run much higher.

What Happens After You File? A Realistic Timeline

Many people ask how long Florida probate takes. The honest answer: it depends on the complexity of the estate. Here's a realistic range:

Simple uncontested estate: 4 to 6 months from filing to final discharge
Moderate estate with creditor claims: 6 to 12 months
Contested estate or estate with litigation: 1 to 3+ years

The creditor claims period alone takes at least 3 months. After that, you still need to pay debts, file taxes, prepare a final accounting, and get court approval to distribute assets. Rushing this process usually backfires courts want to see that debts are paid and procedures are followed.

Practical Checklist Before You File

Use this checklist to make sure you're ready before walking into the courthouse:

☐ Obtain at least 10 certified death certificates
☐ Locate the original will (check safe, attorney's office, or bank box)
☐ Identify the correct county for filing
☐ Check local county court rules and filing procedures
☐ Gather the decedent's financial records (bank statements, property deeds, tax returns, investment accounts)
☐ Determine whether formal administration, summary administration, or disposition without administration applies
☐ Prepare the Petition for Administration and supporting documents
☐ Bring a valid photo ID and the filing fee to the courthouse
☐ If you live out of state, designate a Florida resident agent before filing
☐ Plan for the EIN application and estate bank account after appointment

For the full document checklist, refer to our guide on what documents are needed to file probate in Florida. And if you want a broader overview of all the rules that apply, our Florida probate filing requirements guide covers the complete picture.

Next step: Call the clerk of court in the county where the deceased person lived and ask for their specific probate filing packet. Many clerks provide free printed guides that list exactly which forms they need and in what order. Starting there will save you a second trip to the courthouse.