Florida probate runs on a set of filings and deadlines that start the moment letters are issued. This guide walks you through each step with the actual statute citation and the current small estate threshold.
We’re not yet live in Florida — the guide below is still accurate, and you can join the waitlist to be the first to know when a Florida-licensed attorney is available.
Florida recognizes 2 paths. The right one depends on the will, the value of the estate, and whether all beneficiaries agree.
Limited court supervision. Personal representative can act autonomously. RARE in Florida - requires court approval to use independent administration.
Full court oversight. DEFAULT in Florida. Court approval required for major actions including sales and distributions.
These are the filings ordered the way they actually happen in a typical Florida estate. Each deadline is keyed to the triggering event — death, letters issued, first publication — and tied to the statute.
File Petition for Administration (F.S. §733.202) or Petition for Supervised Administration with Circuit Court Probate Division. Must include decedent info, estate value, heirs/devisees.
Serve Notice of Administration (F.S. §733.2121) on all interested persons (heirs, devisees, creditors, beneficiaries).
Publish Notice to Creditors in newspaper once per week for 2 consecutive weeks (F.S. §733.2121). Starts creditor claims period.
File detailed inventory of all known estate assets with market values (F.S. §733.604). Appraisals may be required.
Creditor claims period runs 3 months from first publication of Notice to Creditors, or 30 days from service of Notice on creditor, whichever is later (F.S. §733.702). 2-year absolute bar from death (F.S. §733.710).
File comprehensive accounting of all estate receipts, disbursements, and distributions (F.S. §733.5036). Supervised administrations require court approval.
Distribute remaining estate assets to beneficiaries per will terms or Florida intestacy law (F.S. §732.101 et seq.). Court approval required for supervised administrations.
File Petition for Discharge (F.S. §733.901) requesting court approval to close estate and discharge personal representative from liability.
Court issues Order of Discharge (F.S. §733.901) officially closing estate and releasing personal representative from liability.
After the personal representative is appointed, a notice to creditors must be published weekly for 2 weeks. Creditors then have a limited window to file claims; claims filed after the deadline are generally barred.
Direct mailing is also required to All known creditors, Interested persons (heirs, devisees, beneficiaries).
If the gross estate is small enough, Florida allows a simplified path that skips most of the formal probate machinery. Faster, cheaper, and — done right — every bit as final.
A will executed entirely online, with remote witnesses and a notary, is valid in Florida under current law. If the decedent signed an e-will — through a platform like Trust & Will, Willing, or a law-firm portal — it gets admitted to probate the same way a traditional paper will does.
Probate is filed in the county where the decedent lived at the time of death. A sample of active Florida courts:
Most Florida estates close in 6–12 months. The floor is set by the creditor claim period (later of 3 months from first publication or 1 months from mailed notice.) plus the time to file inventory, settle debts, and prepare the final accounting. Estates with real property sales, tax returns, or disputes run longer.
Yes. If the gross estate is $75,000 or less and at least 0 days have passed since the date of death, you can generally use a small estate affidavit or collection procedure instead of full probate. Citation: F.S. §735.201.
Florida recognizes independent or supervised administration. independent — Limited court supervision. Personal representative can act autonomously. RARE in Florida - requires court approval to use independent administration. supervised — Full court oversight. DEFAULT in Florida. Court approval required for major actions including sales and distributions.
After the personal representative is appointed, a notice to creditors must be published weekly in a qualifying newspaper for 2 weeks. Creditors then have later of 3 months from first publication or 1 months from mailed notice. Claims filed after the deadline are barred. Citation: F.S. §733.2121, §733.702, §733.710.
Florida law doesn't strictly require an attorney, but most personal representatives retain one. Court rules, creditor notice requirements, tax returns, and fiduciary accounting obligations create personal liability for the personal representative if they're done incorrectly. A flat-fee attorney through Closewell handles filings, statutory notices, inventory, and accounting with fixed pricing and no hourly billing.
Court filing fees in Florida typically run $200–$500, plus publication costs of $100–$300 for the creditor notice. Attorney fees are the biggest variable — traditional hourly counsel on a routine estate often bills $5,000–$15,000, while flat-fee services like Closewell price the same work from $1,400–$4,500 depending on complexity. Bond premiums, appraisals, and tax preparation are additional.
Closewell launches state by state so every matter is handled by a licensed attorney in your jurisdiction. Drop your email and we’ll tell you the day a Florida-licensed attorney is available.