The Florida Probate Process, Step by Step

Step one: the original will goes to the clerk

Anyone holding the original will has to deposit it with the clerk of court in the county where the estate will be administered within 10 days after learning of the death. For most of our clients that’s the Orange County Clerk. A will that’s never probated can’t be used to prove who owns the property, so this step matters even when the family agrees on everything.

Step two: the petition and letters of administration

The probate process formally begins when a petition is filed with the court. If the will is self-proved (signed with a notarized affidavit from the witnesses), the court can admit it without calling the witnesses to testify, and an uncontested will is usually admitted without a courtroom hearing. The judge then issues letters of administration to the personal representative.

Step three: notice to creditors

The personal representative publishes a notice to creditors once a week for two consecutive weeks and serves it on creditors the estate knows about. Most creditor claims are barred unless they’re filed by the later of three months after the first publication or, for a creditor who had to be served, 30 days after service. Separately, Florida bars most claims two years after the date of death, whether or not anyone opened a probate estate.

Step four: inventory, claims and taxes

The estate’s property is identified, valued and listed in an inventory filed with the court. Valid debts are paid in the order Florida law requires, and the final income tax returns are filed. Florida has no state estate tax, and only very large estates owe the federal one.

Step five: distribution and discharge

Once claims are resolved, the personal representative distributes the estate to the beneficiaries named in the will, or to the heirs Florida law designates if there’s no will, and asks the court for a discharge. Florida’s probate rules expect the final accounting and petition for discharge within 12 months after letters are issued, unless the court extends that time or a federal estate tax return is required.

Formal Administration vs. Summary Administration

Florida offers two main kinds of probate administration, and choosing the right one affects both the cost and the timeline.

Formal administration

Formal administration is the full process described above, with a court-appointed personal representative, a creditor period and a final accounting. It’s the right fit for larger estates, estates with debts or disputes, and any estate where someone needs ongoing authority to sell property or deal with banks.

Summary administration

Summary administration is a shorter court process with no personal representative appointed. It’s available when the decedent has been dead for more than two years, or when the Florida estate subject to administration, less property that’s exempt from creditors, is worth $150,000 or less. That ceiling was $75,000 until July 1, 2026, when a new Florida law doubled it, so more Orange County families now qualify than did a year ago. Protected homestead isn’t counted toward the limit because it passes outside the creditors’ reach.

Some estates need no probate at all. Property held in a trust, accounts with a named beneficiary, and property owned jointly with survivorship rights pass directly to the new owner.

When a Florida Estate Has No Will

When someone dies without a will, Florida’s intestacy statute decides who inherits, and the rules for a surviving spouse are more specific than many people expect:

• The spouse inherits everything if the decedent left no descendants, or if all of the decedent’s descendants are also the spouse’s descendants and the spouse has no other descendants.
• The spouse inherits one-half if the decedent had a child or other descendant from outside the marriage, or if the spouse has a descendant who is not the decedent’s. The descendants share the other half.
• With no surviving spouse, the estate passes to the descendants, then to parents, then to siblings, and further out along the family tree.

Blended families often discover the intestacy rules don’t match what they assumed. That’s one reason an estate planning attorney will usually recommend a will, even for a modest estate.

Common Probate Complications

The family home and Florida homestead

Florida’s homestead protections pass a residence to the surviving spouse or heirs free of most creditor claims, but they also restrict what the owner can do with it. If the owner is survived by a spouse or a minor child, the home generally can’t be left to anyone else by will, except to the spouse when there’s no minor child. When a will ignores that rule, the spouse can end up with a life estate or can elect a one-half interest within six months. Sorting out homestead status early prevents title problems when the house is sold.

Out-of-state heirs and property in other states

A personal representative who lives outside Florida can serve only if they’re a close relative of the decedent, such as a child, parent, sibling, niece or nephew. Real property in another state usually needs a second, “ancillary” probate there.

Disputes and probate litigation

Will contests, challenges to a personal representative’s conduct and disagreements among beneficiaries all happen, and they’re easier to resolve when they’re spotted early. When an estate dispute can’t be settled, our litigation experience means the case doesn’t have to change firms. If heirs inherit a property together and can’t agree on what to do with it, a partition action may be the way to divide or sell it.

Why Work With Legal Counsel, P.A.

Michele Diglio-Benkiran founded the firm and has practiced business and real estate law since 1999. She’s a member of The Florida Bar’s Real Property, Probate and Trust Law Section and the Orange County Bar Association, which matters in probate because so many estates turn on real property: the house, a rental, a family business’s building.

Richard Sierra is a commercial litigation and bankruptcy lawyer with more than three decades of experience. When a creditor, a contested claim or a family dispute complicates an estate, he’s already on the team.

Results matter, and so does being reachable when you have a question at an emotional time. We offer a free consultation, and pay later options are available for qualifying clients.

Serving Orlando and Central Florida Families

Probate for Orange County estates is handled by the Ninth Judicial Circuit’s probate division at the Orange County Courthouse, 425 N. Orange Avenue in downtown Orlando. We represent families throughout Orange County and Central Florida from our Winter Garden, Orlando and Seminole offices, and much of the work can be done by phone, email and video. Probate is one part of what our Orlando law firm handles; if you’re thinking ahead for your own family, our Orlando estate planning attorneys can help you put a plan in place so your heirs face a simpler process.