How long does probate take in Florida?

It varies. Summary administration can take a few weeks to a couple of months; formal administration commonly takes several months to a year or more, depending on the estate, creditor claims, and any disputes. A Florida attorney can estimate for your situation. General information, not legal advice.

Is probate required in Florida if there's a will?

Often yes — a will generally must be admitted to probate to transfer the assets it covers. A will directs who receives property; it does not avoid probate. Assets in a funded trust or with beneficiary designations may pass outside probate.

What is the difference between formal and summary administration in Florida?

Formal administration is the standard, court-supervised process with an appointed personal representative. Summary administration is a faster, simpler option generally available when the estate's non-exempt assets are $75,000 or less, or the death was more than two years ago.

Does a trust avoid probate in Florida?

A funded revocable living trust generally passes its assets outside probate. Assets left outside the trust may still require probate, which is why a pour-over will is common. General information, not legal advice.

Florida Probate, Explained

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What is probate?

Probate is how a Florida court oversees transferring a deceased person's assets — validating any will, appointing a personal representative, paying valid debts and expenses, and distributing what remains to the heirs or beneficiaries. Assets that pass another way (a funded Trust, beneficiary designations, jointly held property) generally skip probate.

The main types of Florida probate

Formal administration

The standard process for most estates, supervised by the court with an appointed personal representative. Used when the estate is larger or fewer than two years have passed since death.

Summary administration

A faster, simpler option generally available when the estate's non-exempt assets are worth $75,000 or less, or the person died more than two years ago. No personal representative is appointed.

Disposition without administration

A limited process for very small estates, mainly to reimburse final expenses — available only in narrow circumstances.

What happens in a Florida probate

Open the estate and, in formal administration, appoint a personal representative.
Identify and notify beneficiaries and known creditors, and publish notice to creditors.
Inventory the estate's assets and their values.
Pay valid claims, taxes, and administration expenses.
Distribute what remains to the beneficiaries and close the estate.

Can you avoid probate in Florida?

Often, in part — a funded revocable living Trust, beneficiary or pay-on-death designations, and jointly titled property generally pass outside probate. What works depends on how each asset is titled. This page is general information, not legal advice; a free role check can point you to the right next step, and a Florida attorney can advise on your estate.