Every day in Florida, families discover that their loved one left a will — and then learn the hard way that a will does not avoid probate. It goes through probate. The result: months of court proceedings, thousands of dollars in mandatory fees, and the private details of the estate becoming a public court record.
Understanding Florida probate — what it is, what it costs, how long it takes, and how to avoid it — is the foundation of any good Florida estate plan.
What Is Florida Probate?
Florida probate is the legal process by which a court supervises the distribution of a deceased person's estate. It involves validating the will, appointing a personal representative (executor), notifying creditors, paying debts and taxes, and ultimately transferring assets to beneficiaries. It is governed by the Florida Probate Code, F.S. Chapters 731–735.
Florida has two types of probate administration:
- Formal Administration — required when the gross probate estate exceeds $75,000 and the decedent has been dead less than two years. This is the full probate process with all its costs and delays.
- Summary Administration — available when the total probate estate is $75,000 or less, or when the decedent has been dead more than two years (F.S. § 735.201). Faster and cheaper, but still requires a court petition.
Exactly How Much Does Florida Probate Cost?
Florida attorney fees in probate are set by statute under F.S. § 733.6171. Unlike most states, Florida's probate fees are based on the gross estate — meaning your home's full value, not its equity. If you own a $400,000 home with a $300,000 mortgage, probate fees are calculated on $400,000.
| Estate Value | Statutory Attorney Fee | PR Fee (Est.) | Court & Other | Total Estimated Cost |
|---|---|---|---|---|
| $200,000 | $5,500 | $5,500 | $600 | ~$11,600 |
| $400,000 | $10,500 | $10,500 | $800 | ~$21,800 |
| $600,000 | $15,500 | $15,500 | $1,000 | ~$32,000 |
| $1,000,000 | $24,000 | $24,000 | $1,500 | ~$49,500 |
| $2,000,000 | $34,000 | $34,000 | $2,000 | ~$70,000 |
Source: F.S. § 733.6171 (attorney fees) and F.S. § 733.617 (personal representative compensation). Personal representative fees are identical to attorney fees unless waived. Additional fees may apply for extraordinary services.
What Goes Through Probate — and What Does Not
Assets That Go Through Probate
- Real property titled solely in your name (including your primary residence)
- Bank accounts titled solely in your name without a payable-on-death (POD) designation
- Investment and brokerage accounts without transfer-on-death (TOD) designations
- Vehicles titled solely in your name
- Personal property (furniture, jewelry, collectibles)
- Business interests owned in your individual name
Assets That Bypass Probate
- Assets held in a funded revocable living trust
- Jointly titled assets with right of survivorship (including tenancy by the entireties for married couples)
- Life insurance with a named beneficiary other than "my estate"
- Retirement accounts (IRA, 401k) with a named beneficiary
- Bank accounts with POD designations
- Investment accounts with TOD designations
Three Ways to Avoid Florida Probate
-
Revocable Living TrustThe most comprehensive probate avoidance strategy. A properly funded trust holds your assets during your lifetime and distributes them at death without court involvement. Assets pass privately, quickly, and without the statutory fee schedule. A trust also avoids ancillary probate if you own property in multiple states. This is the gold standard for Florida estate planning. Governed by F.S. Chapter 736.
-
Beneficiary Designations & Right of SurvivorshipAdding POD/TOD designations to bank and investment accounts, naming beneficiaries on life insurance and retirement accounts, and titling real property with right of survivorship (or as tenancy by the entireties for married couples) keeps those specific assets out of probate. This is a simple, low-cost strategy but requires careful coordination to avoid gaps.
-
Lady Bird Deed (Enhanced Life Estate Deed)A Lady Bird deed transfers Florida real property to named remaindermen at death without probate, while the grantor retains the right to sell, mortgage, or change the deed during lifetime without the remainderman's consent. It is Medicaid-compliant, preserves the homestead exemption, and avoids documentary stamp tax at the grantee's death. An excellent option for Florida homeowners who want to avoid probate on their residence without creating a full trust.
Florida Homestead and Probate
Florida's homestead law adds another layer of complexity. Under Art. X, § 4 of the Florida Constitution and F.S. § 732.4015, homestead property cannot be devised (given by will) away from a surviving spouse. If you have a surviving spouse and leave your homestead to anyone else, the devise is void. If you have a surviving spouse and minor children, even more complex restrictions apply.
These restrictions can invalidate provisions in a will that seems perfectly reasonable — and they apply regardless of whether you intended to comply. A properly drafted trust avoids these complications by holding the homestead and providing clear instructions that comply with Florida law.
Frequently Asked Questions
Related Reading
- How Long Does Probate Take in Florida? — the full step-by-step timeline behind these costs.
- Can You Disinherit a Spouse in Florida? — a spousal right that can reshape what passes through probate.
Avoid Probate — Start Your Florida Trust Today
the Florida Estate Kit prepares your complete estate plan online in minutes — reviewed by Arthur Simpson, Esq. before delivery. Flat-fee pricing, no surprises.
Start Your Florida Trust →This article is for general informational purposes only and does not constitute legal advice. Florida probate law is complex and fact-specific. Contact Cornerstone Wealth & Legacy Law for advice regarding your specific estate. Arthur Simpson, Esq. is licensed to practice law in the State of Florida.