Florida Probate FAQ: 12 Questions Families Ask, Answered

Losing a loved one is hard enough without a confusing legal process on top of it. Below are the questions Florida families ask us most about probate, answered in plain terms by CMD Attorneys. This is general information, not legal advice.

Do I need probate in Florida if there is a will?

Yes, in most cases. A will does not avoid probate; it is the instruction the Florida probate court follows once the estate is opened. Probate is still needed to transfer assets that were in the decedent’s name alone. What a will does is name who inherits and who serves as personal representative. Assets that already name a beneficiary or a surviving owner, such as life insurance, retirement accounts, jointly held accounts, or property in a trust, pass outside probate whether or not there is a will.

Does every estate in Florida have to go through probate?

No. Probate is generally required only for assets titled in the decedent’s name alone with no beneficiary and no surviving co-owner. Jointly held accounts, payable-on-death accounts, life insurance, retirement accounts, and property held in a living trust or under an enhanced life estate (“lady bird”) deed usually pass without probate. The only way to know for certain is to review how each asset was titled, which is one of the first things we do for a family.

How long does probate take in Florida?

A straightforward summary administration often finishes in a few weeks to a couple of months. A formal administration usually takes about six months to a year, largely because Florida requires a three-month creditor claim period before the estate can close. Disputes, missing heirs, or real estate can add time. At the outset we give every client a realistic timeline for their specific estate.

How much does probate cost in Florida?

The main costs are the attorney’s fee, court filing fees, and publication costs. For a formal administration, Florida law sets a presumptively reasonable attorney’s fee based on the size of the estate (Fla. Stat. § 733.6171), but the fee can also be set by written agreement. For many estates, and especially summary administrations, CMD Attorneys can offer a flat fee so the family knows the total cost up front. We always explain the fee clearly before you engage us.

What is summary administration in Florida?

Summary administration is Florida’s streamlined, faster, and less expensive probate. It is available when the value of the non-exempt estate is $75,000 or less, or when the person has been deceased for more than two years (Fla. Stat. § 735.201). No personal representative is appointed; the court simply enters an order distributing the assets. A protected homestead does not count toward the $75,000 limit, so many estates qualify once the home is set aside. We can tell you quickly whether yours does.

What happens if someone dies without a will in Florida?

Their property passes under Florida’s intestacy law (Fla. Stat. §§ 732.101 to 732.111), which sets a fixed order of inheritance. In general the surviving spouse and children inherit first; if there is no spouse or child, the estate goes to parents, then siblings, and outward along the family tree. The law, not the family, decides who receives what, which is why stepchildren who were never adopted and unmarried partners inherit nothing under intestacy. An estate can still be opened and administered when there is no will.

How do I transfer a house after someone dies in Florida?

It depends on how the home was titled. If it was held jointly with survivorship, in a living trust, or under a lady bird deed, it passes automatically and little or no probate is needed. A Florida homestead owned in the decedent’s name alone usually passes to the spouse and heirs protected from most creditors, but it often takes a probate and a court order determining homestead status to clear title so the family can sell or refinance. We handle these transfers, including for out-of-state and international families.

Who is the personal representative, and who can serve in Florida?

The personal representative is Florida’s term for the executor, the person the court authorizes to administer the estate. A Florida resident who is at least 18 and mentally competent can serve, and a close relative of the decedent may serve even if they live out of state. A person convicted of a felony cannot serve. The personal representative gathers assets, pays valid debts, and distributes the estate, and in a formal administration Florida law requires that they be represented by an attorney.

How long do creditors have to file claims, and are heirs responsible for the debts?

Heirs are not personally responsible for a loved one’s debts; debts are paid from the estate’s assets, and if the estate cannot cover them they generally go unpaid. Creditors typically have three months from the first publication of the notice to creditors, or thirty days from being served, to file a claim (Fla. Stat. § 733.702). Florida also imposes a two-year absolute bar on most claims after death (Fla. Stat. § 733.710). If a collector is pressuring the family, talk to us before paying anything personally.

Can I handle a Florida probate from another state or another country?

Yes. Much of Florida probate is handled by e-filing, mail, and remote hearings, so you do not have to live in Florida, or even in the United States, to open and complete a Florida estate. We regularly represent families in New York, elsewhere in the country, and abroad who need to probate a Florida estate or transfer Florida real estate, and we serve as Florida counsel for out-of-state attorneys handling an ancillary administration.

How do I choose a Florida probate lawyer, and how can CMD Attorneys help?

Look for a firm that handles Florida probate regularly, explains the process and the fee in plain terms, responds quickly, and can serve you in your language. CMD Attorneys does all of that. We handle probate throughout Miami-Dade and across Florida, from small estates and home transfers to contested administrations and will disputes, in English and Spanish. We are also candid from the first call about whether you need a full probate or a simpler procedure will do.

How do I start a Florida probate or schedule a consultation with CMD Attorneys?

Call our Miami office at (305) 515-5165, email support@cmdattorneys.com, or book a consultation online at calendly.com/cmdattorneys. If you have them, bring the death certificate, any will or trust, and a list of the assets, and we will map out your next steps in the first conversation. We serve families throughout Miami-Dade County and all of Florida.

Speak with a Florida probate lawyer

CMD Attorneys handles probate throughout Miami-Dade County and across Florida, in English and Spanish, including for families who live in another state or another country. Call our Miami office at (305) 515-5165, email support@cmdattorneys.com, or book a consultation at calendly.com/cmdattorneys.