How Long Do You Have to File Probate in Florida or Claim Assets?

Who Pays for Probate in Florida: The Estate or the Family? When a loved one passes away, one of the most common and practical questions is who is responsible for the cost of probate. Under Florida law, the answer depends largely on the type of probate administration and whether the estate has available funds. While the estate is typically responsible for paying probate expenses, there are situations where heirs or beneficiaries must initially cover those costs and seek reimbursement later. Formal Administration: When the Estate Has Funds In a formal administration, which is the most common type of probate in Florida, the estate itself is generally responsible for paying the costs associated with the case. This includes attorney’s fees, court costs, and other administrative expenses. If the estate has sufficient liquid assets—such as bank accounts or investment accounts—the personal representative can use those funds to pay the probate attorney and other expenses as they arise. Florida law expressly allows for reasonable attorney’s fees to be paid from the estate as part of the administration process. However, there is often a practical issue at the beginning of the case. Before the personal representative is officially appointed and gains access to estate funds, someone typically needs to hire the probate attorney and pay an initial retainer. In many cases, this is an heir or beneficiary who is motivated to move the process forward. Retainers for probate attorneys in Florida commonly range from approximately $4,000 to $7,000, depending on factors such as the complexity of the estate, the number of beneficiaries, and whether any disputes are anticipated. Once the probate case is opened and the personal representative is appointed, those initial legal fees can usually be reimbursed to the person who advanced them, provided the fees are available, reasonable, and benefit the estate. Summary Administration: When Heirs Often Pay Upfront Summary administration is a simplified probate process typically used when the value of the estate is relatively low or when the decedent has been deceased for more than two years. Because there is no personal representative appointed in a summary administration, there is no central figure with authority to access estate funds at the outset. As a result, it is very common for one heir or beneficiary to hire a probate attorney and pay the legal fees upfront to initiate the process. This is often done for the benefit of all heirs, especially when the goal is to transfer ownership of assets such as real property. In these situations, Florida courts may allow the paying heir to be reimbursed from estate assets as part of the final order of summary administration. This is especially likely when all heirs agree to the reimbursement and the expense was necessary to accomplish the administration of the estate. Shared Benefit and Reimbursement Among Heirs When one heir advances probate costs that ultimately benefit all beneficiaries, Florida law generally supports equitable reimbursement. If all interested parties consent, the court can include provisions in its order to ensure that the paying heir is repaid from the estate before distributions are made. This principle recognizes that probate often requires someone to take initiative. Without that initial step, assets may remain inaccessible or title to property may remain unclear. When the Estate Does Not Have Liquid Funds Even in formal administration, there are cases where the estate’s primary asset is not cash, but real property—such as a homestead residence. In these situations, there may be little to no liquid funds available to pay for probate expenses upfront. This is particularly common in summary administrations involving only a homestead property. Because Florida homestead property is generally exempt from creditor claims, it may pass directly to heirs without being used to pay debts or expenses. As a result, there may be no estate funds available to reimburse legal fees. In these cases, heirs often bear the cost of probate themselves, especially when the purpose of the proceeding is simply to clear title to the property. The cost may be shared among heirs, or one heir may choose to pay it individually without reimbursement. Otherwise, some attorneys may be amendable to representing the heirs in exchange for payment from the sale of the homestead residence. The Practical Reality: Who Pays First vs. Who Pays Ultimately While the estate is almost always responsible for probate expenses under Florida law, there is an important distinction between who pays initially and who ultimately bears the cost. In practice, an heir or beneficiary frequently pays the attorney’s retainer to get the case started. Once the estate is opened and assets are accessible, those costs are typically reimbursed from the estate. However, in cases where the estate lacks liquid assets—particularly in summary administrations involving homestead property—heirs may end up paying those costs without reimbursement. Conclusion Under Florida law, the general rule is that the estate pays for probate. However, the reality is often more nuanced. Heirs and beneficiaries commonly advance the initial costs to initiate the process, especially in summary administration cases. When estate funds are available, those individuals are usually reimbursed. But when the estate consists primarily of exempt or non-liquid assets, the financial responsibility may ultimately fall on the family. Understanding this distinction can help families plan ahead and avoid confusion during an already difficult time.

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Credit Shelter Trusts: The Best Trusts for High Net Worth, Married Persons

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Should I Choose Summary Administration or Formal Administration? (Florida Probate) When a loved one passes away in Florida, families often need to determine whether probate is required and, if so, what type of probate proceeding is appropriate. Florida law provides two main probate processes: Summary Administration and Formal Administration. Each option serves a different purpose depending on the value of the estate, how long ago the person passed away, and how much information is available about the deceased person’s assets. Understanding the differences between these two types of cases can help families determine which path may be appropriate for their situation. What Is Summary Administration? Summary administration is generally considered the simpler and faster form of probate in Florida. It is typically used when the estate is relatively small or when the person passed away more than two years ago. Under Florida law, summary administration is available if: The total value of the probate assets is less than $75,000 , or The deceased person passed away more than two years ago. When calculating the $75,000 threshold, Florida homestead property is treated differently. A person’s primary residence that qualifies as Florida Homestead Property is considered an exempt asset for probate purposes. Because of this exemption, the value of the homestead property is not counted toward the $75,000 limit . For this reason, summary administration is often used to transfer ownership of a deceased person’s Florida primary residence to the appropriate heirs or beneficiaries. Learn how to ensure the transfer of ownership of your home to your loved ones upon your death, avoiding probate court here . Summary Administration seems like the "better" probate case type, as it typically only takes anywhere from a few days to a couple of months to resolve and ensure the heirs or beneficiaries get their share. Summary administration, however, usually works best when the family already knows what assets exist in the estate. Because there is no court-appointed personal representative with investigative authority, the person filing the case typically needs to already have detailed information about the assets. Examples of information commonly required include: The bank name and account number for financial accounts The insurance company and policy number for life insurance policies The institution and account details for retirement accounts The address of the real estate/home to be transferred. Without this information, it may be difficult to complete the process through summary administration. When Formal Administration May Be Necessary If the estate does not qualify for summary administration, the estate may need to proceed through formal administration, which is the more traditional, widely known probate process in Florida. Formal administration is commonly used when: The deceased person passed away less than two years ago; and either The value of the probate assets exceeds $75,000 (not including the homestead residence), or The family is not sure what assets exist in the estate. In a formal administration proceeding, the court appoints a Personal Representative (known as "executor" in other states) and issues Letters of Administration . These letters provide legal authority for the personal representative to act on behalf of the estate. This authority allows the personal representative to effectively step into the shoes of the deceased person for legal and financial purposes. With this authority, the personal representative can contact institutions and request information about the deceased person’s accounts and obligations. The Ability to Investigate and Locate Assets One of the biggest advantages of formal administration is the ability to investigate and locate unknown assets. Once appointed, the personal representative can request records and documents from organizations that the deceased person may have done business with. This may include reviewing: Bank account statements Insurance policies Mortgage documents Investment accounts Retirement accounts Government tax filings Other financial records Formal administration allows the estate representative to actively search for assets that may not have been immediately known to family members. While this process often takes longer than summary administration, it provides the legal authority necessary to fully administer the estate. Does a Will Change the Type of Probate? Whether a person left a Last Will and Testament does not necessarily determine which type of probate process will be used. Formal administration can apply in both situations, when a person has a will and when they do not. In cases where there is no will, Florida’s Florida Intestate Succession laws determine who the heirs are and how assets are distributed. Summary administration can also be used with or without a will, as long as the estate qualifies under the rules discussed earlier. Choosing the Right Probate Process Deciding whether to pursue summary administration or formal administration often depends on several factors: the size of the estate, how long ago the person passed away, and how much information is available about the deceased person’s finances. Summary administration may be appropriate when the estate is relatively small and the assets are already known. Formal administration may be necessary when the estate is larger, when the death occurred more recently, or when someone needs legal authority to locate and manage unknown assets. Because every situation is different, many families choose to consult with a Florida probate attorney who can review the circumstances and recommend the most appropriate path forward.

Losing a loved one is emotionally overwhelming, and dealing with legal and financial matters afterward can feel daunting. In Florida, there are several practical steps that family members or those responsible for handling the estate should take. The process does not always happen all at once, but understanding the basics can help you move forward with greater clarity during a difficult time. Obtain the Death Certificate One of the first things you should do after a loved one passes away is obtain a death certificate. In Florida, death certificates are issued through the Florida Bureau of Vital Statistics. You can typically request certified copies through your local vital statistics office, the county health department, or sometimes online through the state system. As of 2026, the fee is generally $15 per certified copy. I t is often recommended that families obtain multiple copies because many institutions will require an original certified copy before releasing information or transferring assets. In many cases, the funeral home assisting with arrangements can also help you obtain certified copies of the death certificate. There are two common versions of a death certificate: Short form (without cause of death) – This version is usually sufficient for legal and financial matters and is the one commonly filed with the probate court. Long form (with cause of death) – This version contains confidential medical information and is generally restricted. Courts typically do not require it unless the cause of death is relevant to legal proceedings. Locate Important Documents If you have been named the executor—called the Personal Representative in Florida—one of your first responsibilities is to locate and organize your loved one’s important documents. Search through their records to determine what assets and debts may exist. Important documents to look for include: A Last Will and Testament A Revocable Living Trust Funeral or burial instructions Bank and investment statements Insurance policie Mortgage or loan documents Property deeds These documents help determine what funds and property exist, how they should be distributed, and whether probate may be required. Contact Financial Institutions and Asset Holders Once you have a general understanding of your loved one’s finances, you may begin contacting financial institutions, insurance companies, county property appraise office(s), and other organizations that may hold assets. When you notify financial and insurance institutions of the death, they typically ask for: A certified death certificate Identification verifying who you are; and/or Completion of the company’s beneficiary or claim forms Every institution is different and has their own internal process of handling the passing of their client and distributing funds left behind to beneficiaries. If you are listed as a beneficiary on an account, such as a life insurance policy or retirement account, the institution will typically guide you through the process of claiming your share of the asset. Review Real Estate Ownership If your loved one owned a home or other real estate, it is important to determine who holds title to the property. The best place to start is by reviewing the deed recorded in the public records where the property is located. The deed may show that the property was owned: solely by the deceased person jointly with another person as tenants by the entirety with a spouse or with survivorship rights Each form of ownership can affect who becomes the new owner after death. If you are unsure how the property transfers, it may be helpful to consult a Florida probate law attorney or Florida estate planning attorney who can review the deed and explain the current ownership and next steps. **Key Tip**: If your loved one lived in a different state or country, and you suspect ownership of real estate within that state or overseas , you may want to also reach out to the equivalent government offices that records the deeds and consult with attorney(s) from that particular jurisdiction. Search for Unclaimed Assets Sometimes people leave behind financial assets that family members are unaware of. These may include forgotten bank accounts, insurance proceeds, or refunds owed to the deceased person. One resource for Florida residents is the state’s unclaimed property database operated by the Florida Department of Financial Services, commonly known as Florida Treasure Hunt. B y searching this database, you may discover property that can be claimed by the estate or rightful beneficiaries. Other states or countries may have their own version of this database. When Probate May Be Necessary Occasionally, when you contact a bank, mortgage company, or financial institution, they may refuse to release information or assets without legal authority. They might request documents such as Letters of Administration, which are issued by the probate court. If that happens, the next step may be to speak with a Florida probate attorney . An attorney can review the situation and determine whether a probate case needs to be opened or whether another process may apply. If probate is required, the attorney can assist with filing the case and guiding the personal representative through the legal process. Moving Forward Handling a loved one’s affairs after their passing is never easy. Taking things step by step—obtaining the death certificate, locating important documents, identifying assets, and communicating with institutions—can help bring order to what may initially feel overwhelming. If questions arise along the way, consulting a knowledgeable Florida probate professional can provide guidance and help ensure that your loved one’s wishes and legal obligations are properly handled.

As a Florida estate planning attorney, one of the most common misconceptions I hear is: “Once I sign my documents, I’m done.” The truth is, estate planning is not a one-time event. It is a living plan that should evolve as your life evolves. Major life changes, financial shifts, and even the passage of time itself can all impact whether your current documents still reflect your wishes. If your circumstances change and your estate plan does not, the law—not you—may end up making decisions on your behalf. Death of Someone Who is in your Estate Plan One of the most critical times to update your estate plan is after the death of a family member, beneficiary, trustee, or personal representative. If someone you named to inherit assets or serve in a fiduciary role passes away, your plan may no longer function as intended. Failing to update your documents can create confusion, delay administration, or even lead to unintended distributions. A quick review after a death ensures your backup choices are properly named and your assets go where you still intend. Divorce or Marriage to Spouse Divorce is another life event that demands immediate attention. While Florida law may automatically revoke certain provisions in favor of a former spouse, relying on default statutes is risky, as Florida law also automatically gives your spouse certain spousal rights. You should proactively update your will, trust, beneficiary designations, and powers of attorney to remove an ex-spouse if that is your intention. It is also prudent to get a marital agreement drafted, if you do not want the law to dictate who gets what if there is a divorce. Marriage requires careful review. A new spouse may have legal rights to a portion of your estate, even if your documents were drafted before the marriage. Updating your estate plan ensures your spouse is properly provided for and avoids unintended disputes between a surviving spouse and children from prior relationships. If you are a high net work individual, you now have the ability to utilize a credit shelter trust, which is an irrevocable trust specifically designed for married persons, to minimize or shelter assets from estate tax exposure when one spouse passes away. Addition of Children or Grandchildren The birth of a child or grandchild is a joyful occasion—and a crucial planning moment. If you have minor children, your will should name a guardian. You may also want to create or update a trust to manage assets for young beneficiaries. Without updated documents, the court may determine who manages funds for your child and how those funds are distributed. Estate planning allows you to maintain control and provide structured, protected inheritance rather than an outright distribution at age eighteen. Diagnosis of Medical Condition/Illness A medical diagnosis, especially one involving a serious illness or cognitive decline such as dementia, should immediately trigger a review of your documents. Financial powers of attorney, healthcare surrogate designations, and living wills must be signed while a person still has mental capacity. Once incapacity sets in, legally, it may be too late to execute new documents, potentially requiring a court guardianship. Early planning protects your autonomy and ensures trusted individuals can step in without unnecessary court involvement. The Passage of One Decade Time itself is also a reason to revisit your plan. Even if nothing dramatic has occurred, a good rule of thumb is to review your estate plan every ten (10) years. Laws change. Tax rules evolve. Relationships shift. Children grow up. A decade is long enough for your life to look very different than it did when you first signed your documents. A periodic review ensures your plan still aligns with your current goals. New Business Entity, New Business Relationships, New Wealth Entrepreneurship and financial growth also require attention. Starting a new business means you may need succession planning, asset protection strategies, and coordination between your business documents and your estate plan. Likewise, a significant increase in wealth—whether through investment success, inheritance, or the sale of a business—may call for more advanced planning tools. Once your salary reaches new heights in tax brackets, your existing plan may not take into account the additional taxes that may be assessed on your estate without planning to minimize tax exposure. As your assets grow, so does the importance of structuring them properly to minimize taxes, avoid probate, and protect beneficiaries. Finally, moving to another state is an often-overlooked reason to update your estate plan. Each state has its own laws regarding wills, trusts, homestead protections, and powers of attorney. Documents valid in one state may not fully comply with the laws of another. Relocating—especially to or from Florida—should prompt a comprehensive review to ensure your plan works effectively under your new state’s legal framework. Estate planning is not about paperwork; it is about protecting your family and preserving your intentions. Life changes. Relationships change. Wealth changes. Laws change. Your estate plan should change too. Regular reviews and timely updates ensure that when the unexpected happens, your wishes—not uncertainty—guide the outcome.

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