The Complete Step-by-Step Guide to Florida Probate [E-BOOK]

1. What is Probate and When Does It Happen?
2. What to Do When Someone Dies
3. How Probate Works in Florida
4. The Probate Process Step-by-Step
5. Probate Costs and Fees
6. Common Client Probate Questions
7. Probate Estate and State Tax Filing Obligations
8. Rights of Probate Beneficiaries in Florida
9. How to Enter a Safe-Deposit Box After Someone Dies in Florida
- 9.1 What to Do If the Institution Still Refuses Access
- 9.2 Opening the Box and Filing the Inventory
10. Conclusion and Next Steps

Introduction and Why We Wrote This Book

Losing a loved one is difficult and stressful. Adding in the complexities of the legal system after losing a loved one can make dealing with the loss even more stressful. This book’s objective is to explain the probate process from start to finish, from a lawyer’s perspective, in a simple manner so that anyone serving as a personal representative/executor can step in and get a quick background on the basics of how probate works in Florida. It is also intended for beneficiaries seeking information about the probate process.

The goal of this book is not to include every detail of Florida probate (that would require hundreds of pages); it is to provide a simple background on the process and answer some basic questions people have about it.

This book is not a substitute for the attorney who is currently representing you as the personal representative/executor. Please consult your attorney with any questions you may have. I am a Florida attorney, so much of the advice in this book is based on Florida law. If you have any questions, my cell phone is 941.882.0731, and my email is [email protected]. Our website is www.taxestateplanning.com. Feel free to reach out anytime. I am always happy to chat.

Quick note on nomenclature: the terms “personal representative” and “executor” are often used interchangeably. Some states use the term personal representative to refer to the individual in charge of the estate; other states use executor. Both mean the same thing. Florida uses the term “personal representative” in its statutes so that we will stick with that term. Just know that the terms “personal representative” and “executor” are interchangeable.

1. What is Probate and When Does It Happen?

Florida probate is a court-supervised process by which a decedent’s assets are transferred to heirs or beneficiaries. Probate in Florida can often be time-consuming, stressful, and expensive. However, probate happens all the time because people do not adequately plan their estates to keep their assets out of the court system.

Probate happens when there are assets that were titled just in a decedent’s name, and the assets do not have beneficiaries or designated co-owners. That is why the first job of a beneficiary or personal representative is to determine whether assets need to go through probate here in Florida. The easiest way to do this is to make a list of all financial accounts or properties the decedent had. Then you will need to figure out whether the financial accounts or properties were just in the decedent’s name, or if they were jointly owned.

If the account or property was jointly owned and provided survivorship rights (e.g., joint tenants with rights of survivorship), the asset passes directly to the survivor by operation of law and does not go through probate. If the financial account was not jointly owned and was in the decedent’s name, the next step is to contact the institution to see whether any beneficiaries were listed on the account. If the decedent named beneficiaries on the financial accounts, those accounts pass automatically to the beneficiaries, bypassing probate entirely.

Note: When you contact a financial institution right after someone dies, there is a high likelihood that the institution is not going to talk to you unless you are legally appointed as the personal representative of the estate.

1.1 Is Probate Always Necessary?

Probate is not always necessary. We often talk to families who believe that probate is required when someone dies. However, many situations do not require probate. One of the most common scenarios is when someone dies without any significant assets and/or the estate is indebted. If the estate has a substantial amount of debt and very few assets, you will likely make a gigantic mistake by opening a probate.

Probate is also not required when all assets are jointly owned with someone else, placed into a trust, or have beneficiaries listed on the accounts. Often, an estate will have some assets that bypass probate and others that must go through probate.

Tip: If you are reading this book, please make sure to take the necessary steps to ensure your own estate avoids probate. Probate is essentially a death tax on those who do not adequately plan. Many attorneys have made fortunes by doing nothing but probate work.

1.2 Is a Lawyer Necessary?

A common misconception about probate here in Florida is that a lawyer is always required. However, a lawyer is not always necessary for a probate here in Florida. For example, if there’s a summary administration probate where the value of the estate subject to administration in Florida, less property exempt from creditor claims, does not exceed $150,000, then there is no requirement to hire a lawyer. However, if a formal administration is required, Florida law requires a lawyer to represent the personal representative if there are multiple beneficiaries or if the personal representative is not the sole beneficiary. We’ll cover the differences between a summary administration and a formal administration probate later in this book.

Even though an attorney may not be required, it’s usually a good idea to consult with an attorney regardless of whether you need to hire one or not. Courts are difficult to navigate here in Florida. And even a small error could cause significant issues for the estate, especially when creditors are involved.

Rules also differ from court to court and Judge to Judge. If you are not familiar with your local court and Judge, this alone can cause significant issues for you and the estate.

A probate attorney will be able to walk you through all the different types of probate and then give you advice on which process to pick depending on the assets, potential creditors, or other types of beneficiaries.

Tip: Most probate firms will offer a free consultation. We recommend speaking with a few different probate law firms to ensure you receive consistent advice.

1.3 Overview of Florida Probate Laws and Procedures

Three main areas of law govern Florida probate: the Florida Probate Statutes, the Florida Probate Rules, and Florida case law (also known as common law). The Florida Probate Statutes are found in Chapters 731 through 735 of the Florida Statutes. The statutes govern probate proceedings. Lawyers and courts look to the statutes first when they have questions about probate law and proceedings. The statutes are the most important resource for Florida probate. Statutes are the law.

The Florida Probate Rules provide detailed procedural requirements that complement the Florida Statutes and set forth various probate deadlines, service procedures, requirements for attorney representation, and requirements for court filings. The Florida Probate Rules clarify many matters not explicitly covered by the Florida legislature in the Florida Statutes.

Florida case law — known as common law — interprets probate statutes and creates binding precedents that affect probate practice. Case law covers just about everything: handwritten changes to wills, the extent of homestead protections, personal representative liability, how creditor claims and objections should be handled, etc.

All three of these legal frameworks must be considered when opening a probate here in Florida. Not understanding how one legal framework affects others can lead to critical issues and errors that irreparably harm someone’s estate.

1.4 Key Terms Used in This Book

Decedent: This term will be used frequently throughout this book. Decedent refers to the person who died and whose estate needs to be administered.

Estate: The estate consists of any assets owned by the decedent at the time of death that will need to go through the probate process. Assets can include vehicles, boats, homes, coins, stocks, investments, etc.

Personal representative: the personal representative is the person who is appointed by the court to administer the decedent’s estate. In other states, this person is called the executor.

Beneficiary: any person who is entitled to receive property from the decedent’s estate via the decedent’s Will or trust. If there is no Will or trust, a beneficiary is determined by statute and is typically referred to as an heir or heir at law.

Creditor: anyone who might have a claim against the decedent’s estate. A creditor can be just about anyone: a credit card company, a utility company, the government, lenders, friends and family, etc.

Will or Last Will and Testament: a legally executed document that directs where assets are distributed at death.

Intestate: means the decedent died without a Last Will and Testament.

Testate: means the decedent died with a Last Will and Testament.

Letters of Administration: a court document signed by the Judge that formally grants the personal representative the legal authority to act on behalf of the estate.

Formal Administration: the most used type of probate here in Florida. It is the most expensive and time-consuming type of probate in Florida. A formal probate differs from other types of probate because the probate court appoints a personal representative.

Summary Administration: the second most used type of probate here in Florida. It’s significantly less expensive and less time-consuming than a formal probate. However, a summary probate is usually limited to estates where the value of the estate subject to administration in Florida, less property exempt from creditor claims, does not exceed $150,000.

2. What to Do When Someone Dies

2.1 Securing the Decedent’s Property

The first step is to secure the decedent’s property and make sure that any dependents or animals are taken care of. We always recommend changing locks and ensuring vehicles and other items are secure. You never know who has access to the home or cars. We have seen many times when friends or family members will quickly enter someone’s house shortly after they die and take items. Some thieves even monitor local obituaries to identify vacant houses, making them easy targets for robbery.

You should also immediately contact all financial institutions and request that they freeze all the decedent’s accounts. Some institutions will freeze accounts immediately; others will require a death certificate before freezing. If you’re unable to freeze the accounts and do not have a death certificate, make sure to secure the decedent’s credit and debit cards, as well as the checkbook. You should also monitor the accounts daily if you have digital access to the account portals and the accounts are not yet frozen.

Note: Some financial institutions will proactively freeze accounts without a death certificate. Others will require a death certificate. Either way, we believe it’s important to notify any financial institutions so they are aware immediately.

2.2 Making Funeral, Burial, or Cremation Arrangements

When you have time, look around to see whether the deceased had any existing funeral and burial plans. Hopefully, the decedent notified those closest to them about their existing funeral and burial plans. However, if not, make sure to look through the decedent’s important paperwork to see if you can find any funeral, burial, or cremation arrangements. If you can’t find any arrangements, then look for a letter of instruction or something else written by the decedent showing what their wishes are.

2.3 Who Decides What Happens to a Decedent’s Body

The general rule is that a decedent can control what happens to their body after death if they have written instructions on what happens to their body. This applies to funeral arrangements, burial arrangements, and anatomical gifts. The written instructions can be in a Last Will and Testament, a trust, or any form of writing that states the decedent’s intent for what happens to their body after death. If the instructions are in a Will, the provisions become effective immediately, and the family does not need to wait for the probate court to admit the Will. If there are no written instructions, then a surviving spouse or the next of kin can decide what happens to the body.

A decedent can also decide during their lifetime whether they want to make an anatomical gift (e.g. donating their organs, their body, or both) by signing a donor card, registering online with a donor registry, expressing the wish to donate in a living will or other advance directive, executing a Will that includes a provision for an anatomical gift, and/or expressing the wish in another document written and signed by the decedent and in the presence of two witnesses.

If the decedent served in the military, contact the Veterans Administration (VA). The military offers several benefits for veterans, such as a military salute at the funeral, payment for a headstone, and payment toward burial and funeral expenses. For deaths on or after October 1, 2025, the VA pays up to $1,002 toward burial and funeral expenses for a non-service-connected death, plus a separate $1,002 plot or interment allowance if the veteran is not buried in a national cemetery. The maximum allowance for a service-connected death is $2,000, and the headstone or marker allowance is $441. These figures are adjusted annually, so confirm the current rates with the VA.

Tip: If the decedent was not a veteran, see if the decedent belonged to a fraternal or religious group. If so, contact the specific organization to see whether it offers burial benefits or funeral services.

2.4 Obtaining Death Certificates

The funeral home will work with the Florida Department of Health to help you obtain death certificates. There are two types of death certificates here in Florida: short-form and long-form. Short-form death certificates do not show the cause of death. Long-form death certificates do show the cause of death. We always recommend obtaining five to ten short-form death certificates and two to three long-form death certificates. Most financial institutions and legal officials (e.g., the court) will only accept the short-form death certificate. The long-form death certificate is primarily used for insurance purposes, enabling an insurer to determine whether the cause of death qualifies for a payout.

2.5 Notifying Federal Agencies

Various federal agencies may need to be notified depending on the decedent’s circumstances. Federal agencies include Social Security and Medicare, the Department of Veterans Affairs (VA), the Office of Personnel Management (for federal employee benefits), and the Internal Revenue Service.

The funeral home will typically notify Social Security and Medicare. Always ask because sometimes the funeral home does not notify these agencies. If the funeral home doesn’t notify these agencies, notify Social Security and Medicare as soon as possible.

Caution: Social Security and pension companies will claw back any money that they paid after the decedent died, which can cause issues if you have already spent the money.

2.6 Locating the Will and Other Important Legal Documents

Locating a decedent’s Last Will can be extremely difficult and can sometimes be like looking for a needle in a haystack. Many individuals create Wills years before they pass. They often misplace the Will and don’t provide copies to family members/loved ones. We always recommend that the family conduct a thorough search of the decedent’s primary residence and review all available paperwork. Look for any lock boxes or safes where essential documents might be kept. If it is not at the decedent’s primary residence, the family should check whether the decedent had a safe deposit box, as individuals often store essential documents there.

If searching the house and reviewing the safe deposit box are unsuccessful, the next step is to contact any attorneys the decedent may have used to prepare the Will. Many attorneys keep the original Will or a copy in their files. We always recommend reviewing any legal documents the decedent executed to see whether a law firm is listed. It’s very common for someone to use a law firm to create a Will and help them with other legal issues.

Also, ask close friends, neighbors, family members, or other professionals the decedent may have used whether they know which law firm the decedent used. You can also contact any financial institutions that the decedent used. Sometimes, the financial institution will keep a copy of the Will or a trust on file.

Note: There are no federal or state databases that store someone’s Will before they die. There are some companies where you can pay a monthly/yearly fee for them to store your Will in their database, but most decedents do not even know about this option, so it is doubtful these databases will have your loved one’s Will.

2.7 Locating the Decedent’s Assets

Locating assets can be complicated. Many people are private and not open about their assets. And with many people now doing things completely online, it is sometimes not easy to find physical proof or statements regarding what assets someone had.

Asset ownership and listed beneficiaries dictate what needs to be done distribution-wise. For example, suppose a decedent owned a bank account in the decedent’s name but had their children listed as beneficiaries. In that case, the bank account will not be a part of the decedent’s probate estate.

Tip: Some institutions will not provide beneficiary information, and you will need to open a formal probate here in Florida to obtain it for the asset. If the institution mentions needing “letters” or court paperwork, it means the account did not have beneficiaries, and you will need to open a probate to obtain information about the asset.

Once you have a list of the decedent’s assets and you’ve taken the necessary steps to protect the assets, then you’ll need to determine which of the decedent’s assets need to go through probate.

If the asset is in the decedent’s name and has no beneficiaries listed with the financial institution, it will have to go through probate. If the asset has beneficiaries, the beneficiaries will receive it without going through probate.

Example: Delilah passed away in Florida with one bank account and one financial investment account. Both accounts were just in Delilah’s name. Delilah listed her children as beneficiaries on her bank account. However, she did not list any beneficiaries for her financial investment account.

Result: The bank account will pass automatically to Delilah’s children via beneficiary designation. The children will need to contact the financial institution to coordinate the asset distribution. Unfortunately, the recently opened financial investment account in Delilah’s name will need to go through probate.

3. How Probate Works in Florida

3.1 Types of Probate Administration in Florida

Florida has two main types of probate: summary administration and formal administration. A summary administration probate here in Florida (also known as a small estate affidavit in other states) is an abbreviated form of probate for estates where the value of the entire estate subject to administration in Florida, less property exempt from creditor claims, does not exceed $150,000, or when the decedent has been dead for more than two years. Summary administrations typically take 30 to 90 days and are significantly less expensive than formal administrations. Additionally, a summary administration can be done regardless of whether a decedent had a Last Will and Testament.

Another type of probate in Florida exists but is rarely used: the Florida Disposition of Personal Property Without Administration. The first is found under section 735.301; no administration is required where the decedent left only personal property exempt under section 732.402. This probate is for personal property exempt from creditor claims under the Florida Constitution (e.g., household items), and nonexempt personal property whose value does not exceed the sum of preferred funeral expenses, plus reasonable and necessary medical and hospital expenses of the last 60 days of the last illness.

The second, rarely used type of probate is found under Section 735.304, which provides a separate procedure for small intestate estates: it covers nonexempt personal property (e.g., bank accounts, CDs, small investment accounts), up to $20,000, plus any funeral and last-illness expenses. Section 735.304 is available only if the decedent died intestate, has been deceased for more than 1 year, and no administration of the estate is pending in this state.

Caution: make sure to read the decedent’s Last Will. Sometimes the Last Will directs that a formal administration be opened. It is very uncommon to see this language in a Last Will; however, if the Last Will does have this language, then a summary administration will not be allowed even if the estate’s assets are less than $150,000.

3.2 Formal Administration

A formal probate administration is used in Florida when the estate’s value exceeds $150,000. It is also commonly used when the estate has creditors or when important estate information is missing (e.g., unknown assets, missing bank account information). Formal administration is the most common probate proceeding in Florida.

Formal probate administration differs significantly from summary administration in many ways. One significant difference is that a personal representative is appointed in a formal administration, but not in a summary administration. Additionally, a formal administration is often significantly more expensive and time-consuming.

Example: Jorge dies in Florida with a homestead valued at $300,000, a bank account valued at $50,000, and an IRA valued at $30,000. The family is unsure whether they need to open a formal or a summary administration.

Result: Jorge’s homestead will have a value of $0 for probate purposes since it is considered an exempt asset. That leaves the bank account and the IRA, which together total $80,000. Because $80,000 does not exceed $150,000, Jorge’s family may proceed by summary administration. Families in this position often assume a $380,000 estate must go through formal administration; setting the homestead aside is what makes the difference.

Note: This example assumes the IRA had no valid beneficiary designation. An IRA that names a living beneficiary passes outside probate and would not count toward the $150,000 at all. A retirement account only becomes a probate asset when the designation is missing, revoked, or names the estate itself.

As a rule of thumb, a formal administration will cost at least twice as much as a summary administration. A formal administration will also take anywhere from six to ten months or more, compared to a summary administration. A summary administration is almost always preferable if the facts support opening one.

Formal administrations are much longer and more involved than summary administrations due to various statutory and court requirements. For example, formal administrations have a mandatory creditor notice period that lasts three to four months. Formal administrations often last 7 to 8 months. Sometimes they can last for more than a year.

The table below sets out the sequence and the deadlines that drive it. Treat the timing column as typical rather than guaranteed, since local practice varies by county and by Judge.

Milestone	Typical Timing	Authority
Petition for administration filed; personal representative appointed and letters issued	Week 1 to week 6, depending on the county and whether beneficiaries have signed joinders	ss. 733.202, 733.212
First publication of the notice to creditors; published two consecutive weeks	Promptly after appointment	s. 733.2121
Notice of administration served on beneficiaries	Promptly after appointment	s. 733.212
Deadline for beneficiaries to object to the will, the qualifications of the personal representative, venue, or jurisdiction	3 months after service of the notice of administration on that person	s. 733.212(3)
Inventory filed and served on beneficiaries	60 days after issuance of letters; extensions available	s. 733.604; Rule 5.340
Claims period for unknown creditors closes	3 months after first publication	s. 733.702
Claims period for known creditors served with actual notice closes	The later of 3 months after first publication or 30 days after service	s. 733.702
Deadline for the personal representative to object to a claim	The later of 4 months after first publication or 30 days after the claim is filed	s. 733.705(2)
Creditor must file an independent action after an objection	30 days after service of the objection	s. 733.705(5)
Valid claims paid	Within 1 year of first publication	s. 733.705(1)
Final accounting served, assets distributed, petition for discharge filed	Commonly month 7 to month 10; longer if there are disputes, real property, or tax filings	Rule 5.400

Note: the deadlines in the third column are fixed by statute or rule. The timing column is not. The single most common cause of a formal administration running past a year is not the court; it is the time it takes the personal representative to locate assets and get date-of-death values.

Formal administrations have a personal representative appointed on behalf of the estate, and the probate process will involve validating the Last Will and Testament, paying any debts and taxes, gathering estate assets, and distributing the assets to the beneficiaries. This is different from a summary administration, in which no personal representative is appointed.

A formal administration is preferable to a summary administration when the estate value is less than $150,000. One problem arises when there are significant creditor claims, because the summary administration process makes it difficult to address them effectively, as no personal representative is appointed on behalf of the estate. Another situation is when some of the decedent’s assets are unknown, or you are missing key asset information, such as account numbers and asset amounts. If no personal representative has been appointed, you will not be able to reach out to financial institutions to determine whether there are other assets or to obtain key information.

Example: Alice died in Florida with a $60,000 bank account and a homestead. Since the homestead has a value of $0 and the bank account is less than $150,000, her daughter opens a summary administration probate. She obtains an order of summary administration transferring Alice’s assets to her. Her daughter then receives a letter from a life insurance company notifying her that Alice also had a whole life insurance policy. However, it does not include any details about the policy amount.

Result: For Alice’s daughter to obtain information about the whole life insurance policy, she will need to reopen the probate and then convert summary administration to a formal administration so that she can be appointed as the personal representative. She cannot use the summary administration to obtain the life insurance proceeds because she does not have the policy amount. Once she is the personal representative, she will be able to obtain the life insurance policy.

Tip: The decedent’s homestead has a value of $0, so make sure to take that into account when calculating whether a formal administration is even necessary. Many people mistakenly consider the homestead’s actual value when determining whether summary or formal administration is appropriate.

3.3 How a Summary Administration Works

A summary administration differs significantly from a formal administration because no personal representative is appointed to represent the estate. Summary administrations are often not a good choice if there are creditor claims or when not all the decedent’s assets are known.

Sometimes, a quick summary administration can turn into a mess when unexpected creditors file claims against the estate. If you’re confident there may be significant creditor claims, then it’s best to wait two years to open the probate or to open a formal probate so the creditor claims can be handled appropriately.

Example: Dominick was in a skilled nursing home when he passed, and likely owed the nursing home many thousands of dollars. Dominick’s family would be better off waiting 2 years before opening probate, or opening a formal probate with a personal representative appointed.

Pro tip: generally, all creditor claims are barred in Florida after the decedent has been dead for more than two years. Waiting to open probate here in Florida is a common strategy to avoid paying creditor claims.

Once a summary administration is complete, the Judge will sign an Order of summary administration directing that assets be distributed to the decedent’s beneficiaries. If the decedent

The first step in opening a summary administration is to draft and file the Petition for Summary Administration. The Petition for summary administration is the most important document filed in a summary administration because it contains most of the information the court needs to enter a final order distributing the funds.

The Petition for summary administration can be filed by any estate beneficiary or any person nominated as personal representative in the decedent’s Last Will and Testament. The petition can be filed at any time during the administration of the estate. The petition contains some of the following information:

Information about the petitioner (person petitioning for the summary administration.
Information about the decedent: name, last four of their Social Security number, last known address, date and place of the decedent’s death, and where the decedent was domiciled.
List of assets of the estate, beneficiaries, and how the assets are to be split either through the Last Will and Testament or through the laws of intestacy (when someone dies without a Will).
List of any known creditors of the estate and the status of the creditor claims.

Caution: The Petition for Summary Administration must list the assets in detail. For example, if there is a Bank of America bank account among the estate assets, it should be listed as follows: Bank of America Checking Account Ending in #2019, $200. If you do not have asset details, such as the amount or account type, you’re unlikely to be able to perform a summary administration.

The process for a summary administration is basically the same regardless of whether the decedent had a Last Will and Testament or not. If the decedent had a Last Will and Testament, then the Petitioner must prove the Will. Most Wills that are drafted here in Florida are self-proving, meaning that the Will is automatically treated as being valid by the court without any further steps to try to establish the Will. Many out-of-state Wills are not self-proving and will require the Petitioner to establish the Will either through an affidavit signed by a witness or an oath of someone who had personal knowledge of the Will and that the Will is the decedent’s Will.

Caution: if a Last Will is not self-proving and you fail to properly establish the Last Will with the probate court here in Florida, then the Last Will will be invalidated, and the decedent’s estate will pass through intestate succession.

3.4 Closing Out a Summary Administration

Once the Petition for Summary Administration is filed, the Last Will has been properly admitted to probate, and all creditor claims have been addressed, the Petitioner may petition the court to enter a final Order of Summary Administration. The Order of Summary Administration lists all the assets, who the beneficiaries are, and how the assets are to be distributed to the beneficiaries based on either the decedent’s Will or the intestacy laws of Florida if the decedent died without a Will.

Once the Judge signs the Order of Summary Administration, the probate is closed, and the Petitioner or beneficiaries can present the order to all financial institutions to transfer the assets. The financial institutions will then transfer the funds to the beneficiaries in accordance with the court order. Some out-of-state institutions might give you a hard time since the Order of summary administration will likely look different than their small estate affidavit. If you receive pushback, ask them to send the Order to their legal team for review.

Tip: If there’s a protected homestead within the summary administration, it is vital that you also file a Petition to Determine Homestead and an Order to Determine Homestead. The petition and Order to Determine Homestead protect the decedent’s homestead from most creditor claims. Consult a probate attorney to avoid jeopardizing homestead protections.

3.5 Disposition Without Administration

Disposition of personal property without administration is a very rare probate process in Florida. It comes in two options, and both are limited to estates containing only personal property. Neither is available if the decedent owned real property that must pass through the court system. Any interested party can file for a Florida Disposition of Personal Property Without Administration. No attorney is required, and most of the forms you’ll need can be easily found on your local county court website.

Section 735.301, which is the first option, applies where the decedent left only three things: personal property exempt under section 732.402, which includes up to two vehicles and household furnishings up to $20,000; personal property exempt from creditor claims under the State Constitution; and nonexempt personal property whose value does not exceed the sum of preferred funeral expenses and reasonable and necessary medical and hospital expenses of the last 60 days of the last illness. There is no flat dollar cap on that third category. It depends on what was actually spent.

Section 735.304, which is the second option, is a different procedure for small intestate estates. It allows nonexempt personal property of up to $20,000, plus preferred funeral expenses and reasonable and necessary medical and hospital expenses of the last 60 days of the last illness. It is available only where the decedent died without a Will, has been deceased for more than 1 year, and no administration of the estate is pending in Florida.

Caution: two different $20,000 figures appear above, and they are not the same thing. The first is the household furnishings limit within Section 732.402 exempt property definition. The second is the Section 735.304 ceiling on nonexempt personal property. An estate can involve one, both, or neither.

Example: Jon died in Florida and only left a Chase bank account with $4,500 remaining in it, and it was solely in his name with no beneficiary. His daughter paid $5,500 for his funeral out of her own pocket. His daughter can use section 735.301, Disposition of Personal Property Without Administration, to reimburse herself for the funeral expenses from the Chase bank account.

3.6 Two Other Small-Estate Shortcuts

Chapter 735 contains two more routes that avoid probate entirely. The first route is for Federal income tax refunds (section 735.302). Where the United States Treasury Department determines that a deceased taxpayer overpaid federal income tax, an amount not exceeding $5,000, raised from $2,500, may be refunded directly to the surviving spouse on verified application. If there is no surviving spouse, it may be paid to one of the decedent’s children designated in a verified application executed by all of the decedent’s children over the age of 14. The application must show that the decedent was not indebted, or that provision has been made for the debts, or that the entire estate is exempt from creditor claims, and that no administration, including summary administration, has been initiated or is planned. This comes up more often than people expect, because the final Form 1040 frequently generates a refund.

The second route is for payment by a bank to a family member (section 735.303). A Florida financial institution may pay a decedent’s family member, without any court proceeding, order, or judgment, the funds in all qualified accounts at that institution, provided the combined total does not exceed $2,000 in the aggregate, raised from $1,000. The institution may not pay earlier than 6 months after the date of death. The family member must provide a certified copy of the death certificate and an affidavit; the statutory form is set out in section 735.303(4). Priority runs to the surviving spouse, then a surviving adult child, then a surviving adult descendant, then a surviving parent.

Caution: the person signing the section 735.303 affidavit is personally liable to the decedent’s creditors, and to anyone else rightfully entitled to the funds, to the extent the amount paid exceeds that person’s own proper share. The affidavit also requires attesting that no personal representative has been appointed and no probate or summary administration has commenced. Do not sign it casually.

4. The Probate Process Step-by-Step

4.1 Where to Open the Estate

One of the first steps in the probate process is to determine which county and state the probate should be opened in. The first step in deciding where a probate should be opened is to look at the decedent’s residence and assets that must go through probate. Residence and domicile mean the same thing according to the Florida Statutes—they suggest that an individual’s place of dwelling is considered their residence or domicile. Sometimes decedents spend six months in Florida and six months in another state, so it can be challenging to determine an individual’s residence.

When it’s challenging to determine residency, it’s wise to look at some of these factors to figure out where the decedent resided:

Location of the decedent’s attorney, tax preparer, and financial advisor
Domicile listed in the decedent’s Will
Passport address
Address used on tax returns
Real estate ownership
Vehicle registration
Driver’s license
Where the decedent voted
Where the decedent primarily did their banking

Example: Joseph lived his entire life in New York City. One month before his death, he moved to Sarasota, Florida. He sold his New York City condo and moved all his belongings down to his new home in Sarasota, Florida. He changed his New York driver’s license to a Florida driver’s license. He was unable to update his Will to reflect Florida law. He also did not change his tax preparer or financial advisor. Joseph’s daughter is unsure whether she needs to open probate in New York City or Sarasota.

Result: Since Joseph sold his condo and moved all his belongings to Sarasota, the probate would need to be opened there.

4.2 How to Open the Estate

Once it’s determined where to open the estate, the next step is to file the Petition for Administration. The Petition for Administration is the most important initial document filed in the probate case. The petition for administration contains essential information, such as: the petitioner’s information, the attorney’s information, the decedent’s information (name, date of death, location of death, state/county of domicile, etc.), why venue is appropriate in that specific county, a statement of the approximate value and nature of the assets, whether there are any unrevoked wills or codicils, and a list of any known creditors.

The petitioner must sign the petition. Any interested party can be the petitioner. This means the petitioner can be a family member, beneficiary, or creditor. The petitioner will nominate a personal representative within the petition. It is common for the petitioner to be the same person who is nominated to serve as the personal representative.

Note: Many other documents are typically filed with a petition for administration. Such documents include: a death certificate; a notice of confidential information; a petition to determine homestead; a Last Will and Testament (if it’s a testate estate); joinders from any beneficiaries; and an oath of personal representative.

4.3 Appointment of the Personal Representative

Once the petition for administration is submitted, the court will appoint a personal representative based on the petition and any other documents submitted for the Judge’s review. Just because someone is named as the personal representative in someone’s Last Will, or if they are given priority to serve under the Florida Statutes, it doesn’t mean an individual will be allowed to serve as a personal representative. The Florida probate statutes prevent the following individuals from serving as personal representatives:

(1) Nonresidents, unless related to the decedent as provided in section 733.304;

(2) Individuals who are mentally or physically incapable of serving as personal representative;

(3) Convicted felons; and

(4) Anyone who is under the age of 18.

Nonresidents cannot serve as personal representatives here in Florida unless the nonresident is related to the decedent. People often name a close friend who lives out of state as their personal representative. Unfortunately, a nonresident close friend cannot serve as the personal representative.

Example: Darla passed away in Florida. She named her childhood best friend, Mark, as her representative. Mark is not related to Darla and lives out of state.

Result: Mark cannot serve as a personal representative because he is not a Florida resident and is not related to Darla.

Assuming that the nominated personal representative is not disqualified due to the factors above, the court will almost always appoint the individual who is named as the personal representative in the decedent’s last Will. If there is no Will, the court will appoint a personal representative in accordance with the order of priority outlined in the Florida Statutes. The order of priority is as follows:

(1) The surviving spouse.

(2) The person selected by a majority in interest of the heirs.

(3) The heir in the nearest degree. If more than one applies, the court may select the best qualified.

The surviving spouse of the decedent, if any, is given the highest priority to serve if there is no Last Will and Testament. If there is no surviving spouse, or the surviving spouse does not wish to serve, the majority of the beneficiaries will select the personal representative. If the majority of the beneficiaries cannot decide, then the court will choose based on the heir who is in the nearest degree to the decedent.

Example: Delores died intestate. She was married when she died. She also has two daughters from a prior marriage. Her husband does not want to serve as the personal representative, and her daughters cannot agree on who should serve.

Result: the court will determine which of the daughters will serve as the personal representative since both are the heirs in the nearest degree after the surviving spouse. If the court does not believe that either is qualified, it may appoint someone whom it believes to be capable.

The court’s appointment of the personal representative is official when the Judge signs the letters of administration and the order appointing the personal representative. Letters of administration are the official court document that the personal representative will use when dealing with third parties, such as financial institutions, to demonstrate their legal authority to act on behalf of the estate.

If the personal representative resides out of state, most judges require a bond before formally appointing them. The purpose of the bond is to ensure that the personal representative will perform their duties in accordance with the law. If the personal representative fails to perform their duties properly, the bond is intended to compensate any person who suffers a financial loss because of the personal representative’s actions. Bonds are typically not expensive, as a bond company will often post the bond for the personal representative in exchange for a small fee (e.g., a $50,000 bond may cost approximately $300 to $500, depending on the bond company).

Note: Some Last Will and Testaments require the personal representative to obtain a bond even if the Judge does not need it. However, it’s more common that the decedent waived the bond requirement in the Last Will. Make sure to read the Last Will thoroughly to see whether the decedent waived the bond requirement.

4.4 What Happens Before a Personal Representative Is Appointed: Curators

There is often a gap between the date of death and the day the Judge signs the letters of administration. If estate property is at risk during that gap, the court may appoint a curator, a temporary fiduciary who protects or manages estate property until a personal representative is in place or a replacement is appointed. Section 733.501 of the Florida Statutes governs curators.

The amendments made it easier to appoint a curator and added accountability while one serves. The standard for appointing a curator without notice dropped from great danger to significant danger that estate property will be wasted, destroyed, or removed beyond the court’s jurisdiction where giving notice would delay the appointment. The court may now also appoint a curator in any other proper case when it is needed to protect the interests of the estate or the decedent’s heirs. A bond is now the default, in a reasonable amount set by the court unless the court waives it, though banks and trust companies serving as curators remain exempt. A curator must file reports detailing actions taken in managing the estate when the court deems it necessary, which the court must then review at regular intervals.

Tip: If you are worried that someone is emptying the decedent’s house or accounts while the probate petition is still pending, a curator is what you should be asking your attorney about.

4.5 When Can the Personal Representative Act in Florida After Someone Dies

The personal representative’s official duties begin when the Judge signs and issues the Letters of Administration. Until the Probate Court appoints a personal representative, the personal representative cannot serve in their official, legal capacity through the issuance of the Letters of Administration. This means that any third parties, such as banks and other financial institutions, will not speak to the named personal representative in the Will until the court officially appoints a personal representative.

However, the Florida statutes confer some authority on the personal representative to act before appointment. The statutes provide that any acts performed by the personal representative before the letters are issued are valid and legal, provided they benefit the estate. This means that the personal representative may take certain actions necessary to administer the estate before the court issues the letters of administration.

Note: It’s almost always better for the personal representative to wait to act until the court formally appoints them. However, some time-sensitive issues must be addressed. We recommend that the personal representative consult an attorney before taking any action, particularly before the court formally appoints them.

4.6 Personal Representative Responsibilities and Duties

The personal representative’s main job is to finalize the decedent’s affairs. The personal representative typically gathers the decedent’s assets, pays any valid debts, and pays any expenses.

The first step for the personal representative after appointment is to locate the decedent’s financial assets and secure them. Some examples of financial assets include bank accounts, CD accounts, IRAs or other retirement accounts, and life insurance. Securing the assets depends entirely on the type of asset. For example, the personal representative can secure a bank account.

The personal representative should also secure and take possession of any tangible personal property that the decedent owned if such assets are subject to probate. Examples of tangible personal property include vehicles, jewelry, guns, heirlooms, artwork, and other items found in the decedent’s house.

Under Florida law, the personal representative is a fiduciary. A fiduciary means that the personal representative owes a legal duty to the interested persons, beneficiaries, and creditors of the estate. Additionally, the personal representative must carry out the decedent’s wishes in accordance with the terms of the decedent’s last Will.

4.7 Enforcing the Personal Representative’s Authority

One of the most common frustrations in a Florida probate has nothing to do with the court. It happens when a bank, brokerage, or other third party refuses to honor valid letters of administration, or invents conditions that appear nowhere in Florida law. Historically, the personal representative had little practical recourse, because fighting an institution cost more than waiting it out. That changed on July 1, 2026.

Three provisions now work together. Section 733.603 confirms that a personal representative may invoke the jurisdiction of the court to resolve questions concerning the estate or its administration, or to enforce the authority of a personal representative conferred by the Probate Code. Section 733.612(28) makes instituting that proceeding something the personal representative may do without first obtaining a court order. And new section 733.6125 provides that in any proceeding to enforce the personal representative’s authority, the court shall award a prevailing personal representative taxable costs as in chancery actions, including attorney fees.

The word to focus on is shall. The fee award to a prevailing personal representative is mandatory, not discretionary. What is discretionary is where the money comes from: the court may direct payment from any person whose action or inaction made the enforcement proceeding necessary, or from any person having an interest in the estate, and may enter a judgment that can be satisfied from other property.

Note: This remedy is not limited to banks. The statute reaches any person whose action or inaction necessitated the proceeding, which includes the relative sitting on the decedent’s vehicle, jewelry, business records, or account passwords. If you are a personal representative and someone is stonewalling you, this is the tool to ask your attorney about.

4.8 Notification of Beneficiaries

The personal representative must provide the beneficiaries with a copy of the petition for administration and a notice of administration. Most beneficiaries will execute a joinder, waiver, and consent before probate is opened, which waives the personal representative’s obligation to send them notices. However, if a beneficiary does not sign the joinder, waiver, and consent, then the personal representative must provide notice of the probate to the beneficiaries.

The notice of administration must include essential details about the probate: the date of the decedent’s death, the court where the probate is filed, the case number, the names and addresses of the personal representative and the personal representative’s attorney, and it must inform the beneficiaries of their right to contest the Last Will or the appointment of the personal representative.

Providing notice to the beneficiaries is important, as it starts a 3-month clock. Under section 733.212(3), an interested person served with a copy of the notice of administration must file any objection to the validity of the Will, the qualifications of the personal representative, venue, or the jurisdiction of the court within 3 months after the date of service on that person, or those objections are forever barred. Note that 3 months is not the same as 90 days; calculate it by calendar months, not by counting days.

The 3 months may be extended only for estoppel based on a misstatement by the personal representative about the deadline itself, and for no other reason. Separately, even where the 3-month period never started because no one was served, all objections to the validity of the Will, venue, or jurisdiction must be filed no later than the earlier of the order of final discharge or 1 year after service of the notice of administration.

The notice should be sent as a formal notice. Formal notice means that the notice is sent via a mail delivery service that includes tracking and a signature receipt.

4.9 Opening the Estate Bank Account

Once the personal representative has identified and secured all financial assets, the personal representative should open the estate bank account. The personal representative may open the estate bank account at any financial institution, although we typically recommend large, national banks to facilitate efficient business outside Florida. Larger banks are often easier to work with regarding estate matters because they handle them daily. Larger banks also have a more robust legal department, which makes things much easier.

To open the estate bank account, the personal representative will apply for an EIN on the IRS website. The personal representative will then take the EIN, an original death certificate, and a copy of the letters of administration to the bank of their choice. The bank will open the estate account in the deceased’s name. The personal representative may use the estate bank account like any other bank account: they may obtain checks and a debit card and use them to pay estate expenses.

4.10 Transferring Financial Assets to the Estate

Once the personal representative has identified and secured all estate assets and set up the estate bank account, the personal representative will transfer the assets to the estate. Usually, this means that the personal representative will transfer financial assets previously held in the decedent’s name alone to the estate’s bank account. For example, if the decedent had a checking, savings, or money market account, the personal representative would request that the financial institution issue a check to close the account and deposit it into the estate account.

Caution: Consult with a local probate attorney before liquidating estate assets and depositing them into the estate bank account. Liquidating certain accounts—such as retirement accounts—may result in serious tax consequences. Also, some personal representatives mistakenly treat non-estate assets as estate assets and place them into the estate account. Placing non-estate assets into an estate account can cause serious creditor issues.

4.11 How to Handle the Decedent’s Real Property

Real property, like the decedent’s homestead or a second home, is treated differently than your typical financial asset. If the real property is in the decedent’s name alone, the personal representative will need to speak with the beneficiaries to determine what they would like to do with the property.

Sometimes the beneficiaries want to keep the property. Sometimes one or two beneficiaries want to buy out the others and keep the property. Other times, all beneficiaries will want to sell the property and have the proceeds deposited into the estate bank account for distribution.

If the beneficiaries all elect to retain the property, upon distribution, the personal representative will have the attorney prepare a personal representative’s deed to transfer the real property into the beneficiaries’ names if one or more beneficiaries decide to buy the others out. Then the personal representative will likely engage a title company to prepare a real estate contract and handle all necessary transfer paperwork, since there will likely be a transfer of money to compensate the beneficiaries who are not receiving the property.

Note: If the real property is a protected homestead, then a personal representative’s deed will not be necessary. A homestead order signed by the Judge will be enough to transfer title of the decedent’s homestead to the beneficiaries.

If all beneficiaries elect to sell the property, the personal representative may list it for sale while it remains within the estate. We often have clients list real property for sale before, or as soon as, probate is filed so the property is on the market. Delaying the sale of the home when all beneficiaries want to sell can impose significant financial constraints on the estate, and leaving an empty house in Florida can also be a significant liability for the estate due to hurricanes and other natural disasters.

Once there is a buyer for the real estate, the estate attorney will either prepare a homestead order (if the property was the decedent’s homestead), or the attorney will prepare a petition and order to sell so that the Judge can approve the sale of the real property.

Note: If beneficiaries decide to buy each other out to keep the property, they may offset the amount they must pay the other beneficiaries for the property by using other estate assets to which they are entitled to compensate the other beneficiaries.

Tip: If the decedent owned real property in two different states, the Florida personal representative does not have any authority over real property located outside of Florida. The personal representative must open an ancillary probate in the other state.

4.12 Inventory of Estate Assets

The personal representative must file an inventory of estate assets within 60 days of receiving the letters of administration. The personal representative must keep a detailed list of all estate assets they find so that the estate attorney can promptly prepare the inventory.

60 days is often not enough time for the personal representative to identify all the estate assets. If the personal representative cannot locate all assets within 60 days, the estate attorney may prepare an accounting extension to obtain additional time to locate them.

The inventory must list the estate assets with reasonable detail and include their estimated fair market value at the date of the decedent’s death. The inventory may be amended in the future if the personal representative learns that an item’s value differs from the value filed, or if another asset is later discovered.

The beneficiaries must also receive copies of the inventory. A beneficiary may also request from the personal representative how the personal representative valued the items in the inventory. If an item was valued based on an appraisal, the beneficiary can order copies of the appraisal.

4.13 How to Deal with Creditor Claims

The personal representative owes a duty to the estate beneficiaries and to the creditors of the decedent’s estate. The personal representative should conduct a diligent search to locate any valid debts the decedent may have had. The easiest way to do this is to check all of the decedent’s mail, email (if possible), and the decedent’s bank statements for regular withdrawals.

Once the personal representative has a general idea of the estate’s creditors, they should categorize the debts into two categories: secured and unsecured debt. Secured debt is where the debt is secured by one of the decedent’s assets (e.g., the home). Unsecured debt is where the debt is not secured by one of the decedent’s assets (e.g., credit cards). We typically advise clients to pay any home-related creditors, such as property taxes, insurance, utilities, and HOA fees.

4.14 Insolvent Estates

We recommend that the personal representative defer reimbursement to all other creditors until probate is established and a notice to creditors is filed with a local newspaper. Sometimes there are so many creditors that the estate becomes insolvent. If the estate becomes insolvent, the personal representative may cause serious estate issues by paying some creditors before others.

When an estate is insolvent, the Florida Statutes set out the order in which creditor claims are paid, with some creditors given higher priority than others. That’s why it’s vital not to pay creditor claims before knowing who all the creditors are. The personal representative may be required to pay certain creditor claims before others.

Example: $10,000 remains in Dominik’s estate. He has two creditors: the IRS, which is owed $15,000, and the local hospital. Dominik’s personal representative decides to pay the local hospital the entire $10,000.

Result: The personal representative made a serious mistake, as the IRS is a superior creditor to the local hospital under Florida Statute 733.707. The IRS should have received the entire $10,000, and the local hospital should have received $0. The personal representative may incur liability for paying a claim to the wrong creditor.

4.15 Notice to Creditors: The Mandatory Three-Month Period

When the probate is opened and the court formally appoints the personal representative, the personal representative must file a notice to creditors with a local newspaper in the county where the decedent died. The notice must be published in the local newspaper for two consecutive weeks to meet the statutory requirements. The notice is intended to inform potential estate creditors that an open probate case exists, thereby allowing all creditors to file a claim within the probate estate.

Once the notice is filed, a critical timeline starts within the probate process: the three-month creditor period. Creditors then have three months to file their claims in the probate case; otherwise, their claims against the estate will be forever barred.

Example: A personal representative filed notice to creditors on 7/1/2023. The three-month creditor period expired on October 1, 2023. An unknown creditor, Bank of America, filed a claim against the estate for $55,000 on October 2, 2023. Since the claim was filed after the three-month creditor period, Bank of America’s claim will be barred.

The only exception to the three-month rule is for creditors that the personal representative should have known about under the circumstances. For example, if the personal representative knows that the decedent’s car is subject to a loan, then the personal representative should reasonably expect the company holding the loan to be a known creditor. If a creditor is considered a known creditor, then these creditors must be served with actual notice of the decedent’s death, the existence of the estate, and the nature of the claims period. Once the known creditor is served with actual notice, they have 30 days to file their claim with the court; otherwise, the claim is forever barred.

Example: George’s father passed away with many thousands in debt due to hospital bills. None of the creditors had filed a claim with the probate court. George served all creditors with formal notice ninety days after publishing the notice. Only one creditor filed a claim within thirty days of receiving the formal notice.

Result: Only the one creditor that filed a claim within thirty days will survive.

4.16 Florida’s Ban on Stale Creditor Claims

Florida has adopted a statute of repose that bars all probate claims filed more than two years after the decedent’s death. Whether a creditor was known or should have been provided notice doesn’t matter — once two years hit, all creditor claims are forever barred. The only exception to this two-year bar is for properly recorded mortgages or security interests.

Example: Alice died and was in a nursing home. Medicaid covered the majority of her monthly expenses for nearly three years. Alice’s estate now owes Medicaid more than $300,000. Alice’s beneficiaries did not open a probate for two years, and the creditor did not file a claim with the court.

Result: Alice’s $300,000 creditor claim will be completely wiped away due to the two-year rule.

Pro tip: if you believe that a decedent had a significant amount of creditors, it may be wise to wait two years after death to open the probate so that all creditor claims are barred.

4.17 Objecting to Creditor Claims in Florida

Even if a creditor has filed a valid claim in Florida, the personal representative does not have to pay the claim. The personal representative can always object to a creditor’s claim filed in a Florida probate proceeding. Once the objection is made, the creditor must file an independent lawsuit against the estate within 30 days to enforce the creditor’s claim.

We’ve found that most creditor claims will fall off after they are appropriately challenged. This is because it’s costly to hire a law firm to file an independent lawsuit against the estate to recover funds.

The objection to the creditor claim must be filed on time. If the objection is not filed on time, it will be denied. The objection is filed either 4 months after the initial notice to creditors is published in the newspaper, or 30 days after the creditor files a claim, whichever occurs later.

Example: Damien’s estate had five different creditor claims filed in the probate case totaling more than $200,000. All the creditor claims were filed 90 days after Damien’s personal representative published a notice to creditors in the local newspaper. Damien’s personal representative filed objections to all the claims. None of the creditors filed an independent action against the estate within 30 days of receiving the objections.

Result: All creditor claims are barred, as none of the creditors filed independent lawsuits against the estate to enforce their claims.

4.18 Payment of Creditor Claims in Florida Probate

If a creditor’s claim is not objected to, the personal representative must ensure it is paid. The personal representative must pay all valid creditor claims within one year of the first date on which the notice to creditors was published.

One of the biggest mistakes we see is when a personal representative pays creditor claims before knowing whether there are any other potential creditor claims. This is a mistake because Florida provides different classes of creditors that must be paid before others, and there can be serious consequences for the estate and personal representative if lower-priority creditor claims are paid before higher-priority creditor claims.

Here’s a breakdown of the different classes:

Class 1. Costs, expenses of administration, and compensation of the personal representative and their attorney’s fees.

Class 2. Reasonable funeral, interment, and grave marker expenses not to exceed $6,000.

Class 3. Debts, taxes, and claims in favor of the state for unpaid court costs, fees, or fines.

Class 4. Reasonable and necessary medical and hospital expenses of the last sixty days of the decedent.

Class 5. Family allowance.

Class 6. Court-ordered child support.

Class 7. Debts acquired after the death by the continuation of the decedent’s business.

Class 8. All other claims.

Creditors of one class must be paid in full before any creditors of another class can be paid. If the estate’s assets are insufficient to pay one class of creditors, the assets are distributed to creditors pro rata based on the value of their claims.

Example: A decedent died with $50,000 in assets. The decedent had $60,000 in valid claims against creditors. One claim was for $40,000 in hospital bills for the month before the decedent’s death, which places it within the last 60 days of the last illness. The other creditor claims are from three different credit card companies totaling $20,000.

Result: The hospital’s $40,000 creditor claim is classified as Class 4. The credit card creditors are Class 8 creditors. The hospital creditor will be paid in full for the $40,000 owed. The remaining $10,000 will be distributed to the credit card creditors in proportion to their claims.

4.19 Distributing Estate Assets

After all estate debts and expenses are paid and all estate assets are gathered, the personal representative must distribute the remaining assets to the beneficiaries. The personal representative will prepare and file a final accounting with the court before distributing any assets. The personal representative will then send the final accounting to all beneficiaries via formal notice. If none of the beneficiaries disagree with the final accounting, the personal representative will distribute the assets.

A final accounting is not always required. If all beneficiaries agree on the distributions, the personal representative may skip the final accounting if all beneficiaries sign a waiver of accounting.

Caution: distributing assets before beneficiaries agree (or at least before they contest the final accounting) can create significant issues for the personal representative. It is challenging to claw back assets from beneficiaries once they have been distributed.

The assets will be distributed according to the beneficiaries listed in the decedent’s Last Will and Testament (testate). If the decedent died without a Last Will and Testament (intestate), the assets will be distributed according to the beneficiaries determined by the Florida Statutes.

Distributing the assets typically is not very complicated. Usually, all financial accounts have been liquidated so that the beneficiaries will receive either a check or a wire from the estate account. If some financial accounts have not been liquidated—for example, if some assets are stocks or bonds—the financial institution holding the securities can transfer them to the beneficiaries. The beneficiaries can then choose whether they want to keep the stocks or liquidate them.

4.20 Closing the Estate

Closing the estate is the final step in the probate process. Once all debts and expenses have been paid and the final assets have been distributed, the personal representative will file a petition for discharge with the probate court. The discharge petition signifies the end of the probate process and informs the court that the personal representative has fulfilled all its duties. The petition asks the court to formally discharge the personal representative of its legal duties as estate administrator. Once the court signs the order of discharge, it releases the personal representative from all legal responsibilities regarding the estate.

5. Probate Costs and Fees

5.1 Filing Fees and Court Costs

Probate court costs depend on the type of probate opened. The primary court cost occurs when probate is initially opened: this is the court filing fee. Here’s a list of standard court filing fees for different types of probates as of January 1, 2026:

Petition for Disposition of Personal Property Without Administration: $231.00
Petition for Summary Administration Less than or Equal to $1,000.00: $235.00
Petition for Summary Administration Greater than $1,000.00: $345.00
Petition for Formal Administration: $400.00

5.2 Attorney Fees

There are three main ways law firms charge for probates here in Florida: a flat percentage of the estate, a flat fee not tied to a percentage, and an hourly rate. Law firms usually make the most money with a flat percentage of the estate. A flat fee, not tied to a percentage, is often better for summary administration, which is a quicker, less complex type of probate. We typically recommend hourly for clients who need to open a formal probate and appoint a personal representative.

A flat percentage of the estate is typically based on Florida Statutes. Here’s the statute with the percentages:

(2) A commission computed on the compensable value of the estate is presumed to be reasonable compensation for a personal representative in formal administration as follows:

(a) At the rate of 3 percent for the first $1 million.

(b) At the rate of 2.5 percent for all amounts above $1 million and not exceeding $5 million.

(c) At the rate of 2 percent for all amounts above $5 million and not exceeding $10 million.

(d) At the rate of 1.5 percent for all amounts above $10 million.

Example: Dominick dies in Florida, leaving an estate valued at $1.5 million. His personal representative hires an attorney, and the attorney’s compensation is based on a percentage of the estate.

Result: The attorney’s total compensation for the 1.5 million estate would be $42,500. The number is calculated by taking 3% of the first million, and then 2.5% of the remaining $500,000.

If the attorney is paid hourly, they will typically request a retainer. The retainer payment, which can range from $2,000 to $10,000, will be billed by the attorney during the representation. When the retainer is fully used, the client will need to replenish it.

Attorney’s fees are always negotiable. Ensure that any terms agreed with the attorney are clearly set out in the retainer agreement. The retainer agreement will help if there is ever a dispute over fees.

An express disclosure requirement now backs that. Under section 733.6171(2)(b), an attorney who intends to charge based on the statutory schedule must disclose in writing to the personal representative that there is no mandatory statutory attorney fee, that the fee need not be based on the size of the estate, that the fee is negotiable, that the personal representative chooses the attorney and is not required to use the attorney who drafted the Will, and that the personal representative is entitled to a summary of services at the conclusion of the representation.

Separately, the fees described above cover ordinary services. An attorney is also allowed further reasonable compensation for extraordinary services, and as of July 1, 2026, section 733.6171(4)(l) expressly lists involvement in any proceeding to enforce the personal representative’s authority as one of them. That matters in both directions: the work is billed on top of the ordinary fee, but section 733.6125 may shift it onto whoever caused the problem.

5.3 Personal Representative Fees

A personal representative’s compensation is similar to the compensation of the attorney: the personal representative is either compensated hourly or based on a percentage of the estate. The personal representative’s hourly rate would depend on their level of experience, education, and the difficulty of administering the estate. The percentage of the estate is calculated the same as the attorney’s rate based on Florida Statutes, as calculated in the section above.

The Will may set specific payment terms for the personal representative (e.g., $50/hour). If there is no signed contract between the person who created the Will and the chosen personal representative, then the personal representative can renounce the compensation provisions in the Will and decide to be compensated based on a percentage of the estate’s value.

6. Common Client Probate Questions

6.1 What Happens If There Is No Last Will and Testament?

When a Florida resident dies without a valid Will, their estate passes under Florida’s intestacy laws rather than according to their wishes. This situation, called dying intestate, follows a predetermined distribution scheme established by state statute that may not align with what the decedent would have wanted.

Florida’s intestacy laws distribute assets based on family relationships. If the decedent is survived by a spouse and no descendants, or by a spouse and descendants who are all also descendants of the surviving spouse, and the spouse has no other descendants, the entire estate goes to the spouse. If the decedent has a surviving spouse and descendants who are not descendants of the surviving spouse, or if the surviving spouse has other descendants, the spouse receives half of the estate, and the descendants share the other half.

Example: Jim died and was survived by his spouse of thirty years. Jim had two children from a prior marriage. Jim did not have a Last Will and Testament, and many of his assets had to go through probate since they were just in his name. Jim has not talked to his children in twenty years.

Result: Jim’s estate will be split between his surviving spouse and his two estranged children because he did not have a Last Will and Testament leaving his assets to his spouse. Florida’s intestacy laws require that 50% be distributed to the surviving spouse, and 50% be distributed to Jim’s two estranged children.

If there is no surviving spouse, the estate passes to the decedent’s descendants in equal shares. Without descendants, the estate goes to the decedent’s parents, or if none survive, to the decedent’s siblings. The law continues through more distant relatives, including grandparents, aunts, uncles, nieces, nephews, and cousins, if no closer relatives survive.

Dying without a Last Will creates several potential problems:

The estate distributions may not reflect the decedent’s wishes
Unmarried partners may receive nothing regardless of relationship length
Specific items cannot be gifted to certain people even though the decedent may have wished for the people to receive such assets
Guardians cannot be named for minor children
Personal representatives cannot be chosen

The probate process is still required for intestate estates and often takes longer and costs more due to additional complications. Creating a Last Will ensures your wishes control how your estate is distributed.

6.2 Can I Contest a Last Will in Florida?

Florida law permits interested parties to challenge the validity of a Last Will, but only on specific legal grounds and within strict time limitations. Understanding when and how to contest a Last Will is crucial to protect your rights or defend against unfounded challenges.

Valid grounds for contesting a Last Will in Florida include lack of testamentary capacity, meaning the person creating the Last Will did not understand the nature of their assets, who their natural heirs were, or what the document meant when they signed it. Undue influence occurs when someone exerts pressure on the person executing the Last Will. The pressure overcomes their free will, essentially forcing them to make provisions they wouldn’t have produced independently. This often involves a person in a position of trust and confidence, coupled with suspicious circumstances. Someone in a position of trust may be a family member, close friend, caretaker, or professional who works closely with the testator.

Fraud is another basis for challenging a Last Will. Fraud involves deceiving the testator about material facts that affect the disposition of their property.

Improper execution means the will wasn’t signed in accordance with Florida’s strict formalities, including the requirement that two witnesses be present simultaneously. A later Will or codicil can revoke earlier testamentary documents.

Interested parties with standing to contest include beneficiaries named in the Will or prior wills, heirs who would inherit under intestacy laws, and creditors with claims against the estate. Time limits are critical. Under section 733.212(3), an interested person served with a copy of the Notice of Administration must file objections within 3 months after the date of service, or they are forever barred.

Will contests require substantial evidence and are complex legal proceedings. Courts presume wills are valid, so the burden of proof falls on the person challenging the document. These disputes can be emotionally charged, expensive, and time-consuming, often requiring testimony from medical experts, witnesses to the will signing, and others familiar with the testator’s circumstances.

6.3 What if There Are Minor Beneficiaries?

When property passes to minor children through probate in Florida, special rules and procedures protect the children’s interests until they reach adulthood. These protections ensure that inheritance is preserved for the children’s benefit and not mismanaged or wasted.

Florida law prohibits the personal representative from distributing inherited property directly to minors. Instead, several options exist depending on the amount and circumstances. Where the amounts received do not exceed $15,000 in the aggregate, section 744.301(2) allows the personal representative to distribute funds to the minor’s natural guardian without appointment, authority, bond, or court supervision. The guardian receives the property for the child’s use and benefit.

The words in the aggregate matter. The $15,000 limit is measured against everything the minor receives, not against each distribution taken separately. Splitting one inheritance into several smaller payments does not avoid guardianship.

For inheritances exceeding $15,000, more formal protection is required. A guardianship must be established with the court for any minor who will receive more than $15,000. The guardianship will appoint a guardian to manage the inheritance under the court’s ongoing supervision until the child reaches the age of majority (18).

The guardian must post a bond, file an annual accounting with the court, and obtain court approval for certain transactions. Alternatively, the property can be transferred to a custodian under the Florida Uniform Transfers to Minors Act, allowing management until the child reaches age twenty-one (or up to age twenty-five if specified in the Will) with less court supervision than guardianship.

The best option for leaving property to minors is to establish a testamentary trust in your Last Will or to create a revocable living trust during your lifetime. Trusts allow you to specify the age at which children receive property (often staggered at different ages), name a trustee to manage funds, provide instructions for using money for education and other needs, and avoid guardianship proceedings and ongoing court supervision.

Proper estate planning for families with minor children should always include trust provisions to avoid the expense and restrictions of court-supervised guardianships.

6.4 How Do I Find the Right Probate Attorney?

Finding the right probate attorney requires research and careful evaluation. Start by asking trusted advisors, such as your accountant or financial planner, or friends who’ve recently navigated probate. The Florida Bar’s website offers a lawyer referral service and allows you to verify credentials. Look for attorneys who practice primarily in probate and estate administration, not general practitioners.

Schedule consultations with at least three attorneys to compare their experience, communication style, and fee structures. Ask about their caseload, how accessible they’ll be, and whether they handle cases personally or delegate to paralegals. After interviewing at least three, you should be able to determine which attorney is the best fit.

6.5 Can I Handle Probate Without an Attorney?

In most formal administrations, an attorney is effectively required. Under Florida Probate Rule 5.030, a personal representative who is not a member of The Florida Bar must be represented by counsel unless the personal representative remains the sole interested person throughout the administration. A summary administration does not carry the same requirement.

It’s rarely advisable, except for the simplest estates, not to retain an attorney. Formal administration involves complex court filings, strict deadlines, creditor notifications, and detailed accounting requirements. Most families find the technical specifications overwhelming, especially while grieving. If the estate is small and straightforward, with cooperative beneficiaries, self-representation may be appropriate. Otherwise, hiring an attorney usually saves time, money, and stress in the long run.

6.6 What if a Beneficiary Cannot Be Found?

When a beneficiary cannot be located, the personal representative must make reasonable efforts to find the beneficiary. This includes searching for the last known addresses, contacting relatives, checking social media, and using online databases. We recommend documenting every attempt thoroughly. If unsuccessful, petition the court for permission to serve notice by publication in a newspaper.

Sometimes a professional heir location company can be helpful. Professional heir location companies can be expensive, and they can be hit or miss in whether they can locate a beneficiary.

After exhausting all reasonable efforts and following proper legal procedures, if the beneficiary cannot be found, their share of the estate will be distributed to the county clerk, who will hold the funds for one to five years. If the beneficiary does not claim the funds, they are transferred to the State of Florida Department of Revenue.

Caution: Never omit a beneficiary because you cannot locate them; this creates serious legal problems and potential personal liability for the personal representative.

6.7 Do I Have to Pay Taxes on an Inheritance in Florida?

Likely not. Florida does not have an estate tax. The federal estate tax applies only to estates exceeding the federal exemption amount, which is $15 million for individuals dying in 2026 and is adjusted annually for inflation. Married couples can effectively double this exemption through portability provisions, protecting estates up to approximately $30 million. Estates below these thresholds owe no federal estate tax. However, a federal estate tax return may still be required for estates exceeding certain thresholds even when no tax is due, primarily to elect portability of the deceased spouse’s unused exemption.

6.8 How Can I Recover Money for Funeral Expenses?

When someone dies, it’s very common that they don’t prepay for their funeral or burial expenses. Combine that with the fact that most of a decedent’s assets will be frozen after death, family or

To be reimbursed for paying for a decedent’s funeral expenses in a Florida probate, the court treats the person who paid the funeral expenses as a creditor of the estate. The Florida Statutes provide that the first $6,000 of funeral, interment, and burial marker expenses will be deemed reasonable and constitute a class 2 creditor claim. Class two creditors means that, after attorneys’ fees, court costs, and personal representative fees are paid, the person who paid the funeral expenses must be reimbursed before any beneficiary or creditor can receive funds.

Tip: If you did pay for a decedent’s funeral expenses, you might want to file a creditor claim against the estate to protect your interest and so that you have a higher likelihood of being reimbursed. If you do not file a creditor claim, there’s a good chance you will not be able to recover any money.

Any expenses exceeding $6,000 are treated as a class eight creditor claim, meaning that seven levels of creditors will be paid before any amount exceeding $6,000 is paid. You should always exercise caution before spending a significant amount on funeral expenses, since if it’s more than $6,000, there’s a decent chance you will not be reimbursed.

Example: Jorge dies suddenly in Florida. He did not set up a cremation or burial plan before he passed, so his sister spent $10,000 of her own money on his funeral. Jorge only has $8,500 in a bank account that must go through probate. There are no other assets. The attorney’s fees for the probate will be $3,000.

Result: Attorney’s fees are a higher creditor claim class than funeral expenses, so the $3,000 will first be paid to the attorney. The remaining $5,500 will be paid to Jorge’s sister as reimbursement for her as a class two creditor, right after the attorney. She will be out $4,500 because all $8,500 from Jorge’s bank account has been disbursed, and there are no other probate assets.

7. Probate Estate and State Tax Filing Obligations

7.1 Federal Estate Taxes

Many clients do not realize that most estates have no federal estate tax liability. The federal estate tax is only due when an individual’s estate exceeds $15 million. The 15 million limit per person is as of 2026.

The $15 million limit is doubled for spouses, resulting in a $30 million estate tax exemption for a couple. Most estates are nowhere near the estate tax limit. However, when estates are above the estate tax limit, the estate tax can be harsh. The estate tax is usually 40%.

Example: George died in April of 2025 in Venice, Florida. He was not married. Shortly before his death, he won a $50 million lottery. He did not engage in any estate tax planning before his death.

Result: George’s estate will owe estate taxes on roughly $36 million at a taxable rate of 40%. Paying approximately $14 million to the United States will not be enjoyable.

7.2 State Estate/Inheritance Taxes

Even if an estate is not subject to federal estate taxes, the estate may be subject to state estate or inheritance taxes. Currently, 17 states impose either an estate or an inheritance tax. Maryland is the only state that imposes both an estate tax and an inheritance tax. Thankfully, Florida does not have an estate tax, and there are no signs that it will have one soon.

So, how do state estate or inheritance taxes work? Some states use the exact numbers as the federal estate tax system, so if you’re under $15 million for an individual and $30 million for a couple, there would be no state estate or inheritance tax. However, some states impose an estate or inheritance tax that is much lower than the federal estate tax. For example, Vermont imposes an estate tax on estates exceeding $5 million.

Example: Dominick dies as a Florida resident with an estate worth $13 million. He owns a 6 million home in Vermont.

Result: Dominick will not incur any federal estate tax liability because his total estate is $13 million, and the estate tax exemption is $15 million. He will also not have to pay any Florida estate taxes, as Florida does not impose any. However, his estate will be subject to a Vermont state estate tax because his Vermont home is valued at $6 million, which exceeds the $5 million estate tax exemption.

7.3 Estate Tax Obligations and Filings

Estates have several income tax requirements. The personal representative must file a final individual tax return (Form 1040) for the deceased. The final tax return will be filed for the year in which the decedent died. If the decedent died on March 1, 2025, the final tax return will be filed in 2026 and cover January 1, 2025, through March 1, 2025. The final tax return is significant because it notifies the IRS of the decedent’s death.

The personal representative must also ensure the decedent filed previous years’ tax returns. It’s very common that as people get older and/or start having serious health issues, they do not maintain their yearly tax filing obligations. If the personal representative does not ensure the decedent filed all prior tax returns, the estate and the personal representative could face severe liability from the IRS. The IRS is a super creditor and can seize assets at any time.

Often, the personal representative cannot determine whether the decedent filed all prior tax returns. The easiest way to make sure taxes have been paid is to consult with the decedent’s CPA or tax preparer. The CPA or tax preparer should be able to tell you whether everything has been filed and whether the decedent owed any taxes to the IRS. If the decedent did not use a tax preparer, then the next best step is to look through all the decedent’s financial paperwork and see if you can find copies of filed tax returns.

If the personal representative cannot figure out whether the decedent filed all tax returns from speaking with the CPA or tax preparer, or by looking through the decedent’s financial paperwork, then the easiest thing to do is to have your probate attorney or CPA file a power of attorney with the IRS (form 2848) and call the IRS to pull all the decedent’s wage and income and account transcripts for the prior six years. The wage and income and account transcripts will not only tell you whether the decedent filed their taxes, but they will also provide all the information needed to file any tax returns for the decedent if they did not file. Going back six years is plenty. There is no reason to go back further.

Example: Delilah died on July 10, 2025. She battled stage four cancer for four years before her passing. The personal representative’s probate attorney obtained Delilah’s wage and income and account transcripts from the IRS for 2019, 2020, 2021, 2022, 2023, and 2024. She did not file her 2023 and 2024 tax returns.

Result: The personal representative will have an accountant prepare Delilah’s 2023 and 2024 tax returns using Delilah’s wage and income transcripts. Delilah’s final tax return will be filed in 2026.

7.4 Capital Gains Taxes and the Step-Up in Basis

Even if an estate will not owe any federal estate or state estate taxes, there’s a chance that an estate may owe capital gains taxes depending on when and if assets are liquidated during the probate process. Capital gains taxes occur when an asset is sold for more than it was purchased for. The difference between the asset’s sale price and its purchase price determines the amount of tax owed. Of course, there are scenarios in which an asset is sold for less than the purchase price, resulting in a capital loss. We’re just going to focus on capital gains for this section.

Example: George bought 10 shares of Apple stock for $100 in 2014. The stock was then sold in 2020 for $200 per share.

Result: George would owe capital gains taxes on the difference between the price sold ($2,000) and the price he had bought the stock ($1,000), which means he would pay taxes on the gain of $1,000.

Capital gains taxes are often avoided in an estate context because beneficiaries receive a step-up in basis on an asset upon the decedent’s death. A step-up in basis means beneficiaries receive the asset valued as of the decedent’s death.

Example: George bought 10 shares of Apple stock for $100 in 2014. George died in 2020 with the stock valued at $200 per share. His children sold the Apple stock the day after George died, when it was still trading at $200 per share.

Result: George’s children received the Apple stock valued at $200 per share at the time of George’s death (the step-up in basis). Since his children sold the stock for the same price they paid ($200), they will not owe any capital gains tax on the sale.

The example above illustrates the importance of the step-up in basis. It is how very wealthy families transfer wealth to subsequent generations, since the step-up in basis applies to almost every asset owned by the decedent at the time of their death: stock, business interests, vehicles, jewelry, and commercial and residential real estate.

Estates need to obtain date-of-death valuations for assets that are not publicly traded. Publicly traded assets (stock) are easily valued since the price is fixed based on the cost of the asset on the decedent’s date of death. Other assets, such as family businesses or commercial and residential real estate, will require a formal date-of-death appraisal to determine their value. The formal date-of-death appraisal will decide whether the estate owes any capital gains taxes.

Example: George owns a homestead in Venice, Florida. He purchased the home for $100,000 back in 1995. George died in 2025, and his children sold the homestead for $350,000 during probate six months after George’s death. The date-of-death appraisal of the homestead was $300,000.

Result: George’s estate will owe capital gains taxes on the difference between the sales price ($350,000) and the date-of-death appraisal ($300,000). That means that the estate will owe capital gains taxes on $50,000.

8. Rights of Probate Beneficiaries in Florida

Beneficiaries of a decedent’s estate are often confused about what to expect when there is a probate. Beneficiaries must understand their rights under Florida law, as many statutes can protect them. Beneficiaries have a right to be informed. Under Florida law, the personal representative must communicate with beneficiaries. The personal representative should provide the beneficiaries with regular probate updates and documents related to the estate (such as the Last Will and Testament), and any court filings upon request.

8.1 Hiring Representation

We always recommend that beneficiaries concerned about the probate process or the personal representative retain an attorney. We find that beneficiaries who hire representation often have their rights better protected. In Florida, an attorney is usually required to represent a personal representative. We find that when a beneficiary also retains an attorney, the attorney representing the personal representative will ensure compliance with the law, as a second set of eyes reviews everything. Probates often move more quickly when both sides have attorneys, as the attorney representing the personal representative will likely monitor the case more frequently.

8.2 Rights Under the Law

Beneficiaries have several rights under Florida law during the probate process. Some of these rights are as follows:

Right to be Notified/Receive Notice of Administration – beneficiaries must receive a Notice of Administration according to Florida Statute 733.212 when a probate is opened for an estate here in Florida. The Notice of Administration will include information about the court, the estate’s status, and deadlines for any objections.
Right to receive a copy of the Will – beneficiaries must receive a copy of the Will. Usually, the personal representative will send each beneficiary a copy of the Will.
Right to an Inventory – beneficiaries have the right to receive an inventory of the estate assets. The inventory of estate assets is due 60 days after the court appoints a personal representative (unless the court extends the deadline). The inventory should include the value of personal property (e.g., home items, vehicles) and financial assets. Beneficiaries can also contest the inventory if they believe it is incorrect.
Right to an accounting – beneficiaries have the right to request a formal accounting. The formal accounting should detail all expenses and income the estate has received since the decedent’s death. Beneficiaries may also object to the formal accounting if they believe it is incorrect.
Right to contest the Last Will and Testament – beneficiaries can always challenge a Last Will. A will can be invalid if it was executed improperly or if the person who created the Will was suffering from issues like undue influence or lack of capacity.

8.3 Removal of Personal Representative

One of the most powerful rights a beneficiary has is the ability to petition the court to remove the personal representative for cause. Sometimes it is necessary to remove a personal representative if they are not properly administering the estate. Florida Statute 733.504 lists 12 grounds on which a Judge may remove a personal representative for cause.

The most common grounds for removal are when the personal representative cannot account for the sale of property or produce the estate’s assets when required. Additionally, a personal representative may be removed if they become physically or mentally incapable of performing the duties of the office.

Wasting or mismanagement of the estate is another common basis for removing the personal representative. Additionally, if the personal representative holds or acquires conflicting or adverse interests against the estate, it will or may interfere with the administration of the estate.

Below is a table summarizing key rights, statutes, and deadlines for easy reference by a beneficiary:

Right	Relevant Statute/Rule	Key Deadline
Receive Notice of Administration	F.S. 733.212	3 months for will objections
Petition for Determination of Beneficiaries	F.S. 733.105	No specific deadline, as needed
Request Removal of personal representative	F.S. 733.504	Upon discovery of the cause
Contest the Validity of the Will	F.S. 733.212	3 months from notice
See Inventory and Accounting	F.S. 733.604, Rule 5.340	Inventory within 60 days of letters
Object to Formal Accounting	Rule 5.400	30 days from service
Homestead Exemption Determination	Article X, Section 4, Florida Constitution	As needed, typically during probate
Knowledge of Estate Litigation	Implied by F.S. 733.212	Ongoing, as litigation arises
Petition for Interim Distribution	Florida Probate Code (general authority)	Subject to court approval, no fixed

8.4 How to Monitor a Probate Case as a Beneficiary

We often find that beneficiaries are not diligent enough in monitoring developments in probate cases. Sometimes that is because the personal representative is unresponsive. However, probate cases are public records and can be easily found by checking the court docket for the specific county.

Let’s say you are a beneficiary of a probate case where the decedent died in Sarasota County. You can go online and pull up the court docket through Sarasota County’s clerk of court. The court docket will show all court filings. Some court filings will be available for you to view, depending on the county; for others, you can request copies from the court clerk. We encourage all beneficiaries to check the court docket for their case to stay informed.

9. How to Enter a Safe-Deposit Box After Someone Dies in Florida

Entering a safe-deposit box after a loved one dies can be extremely difficult and frustrating. Many states seal the safe-deposit box after someone dies until a court order to open the box is produced. Florida does not seal safe-deposit boxes after someone dies. As of July 1, 2026, Florida law goes considerably further: the institution that leases the box must grant a personal representative access to it.

A lessor must allow access to the safe-deposit box by any one or more of the persons acting as personal representatives who present the lessor with a copy of the letters of administration. The prior version merely said the lessor may allow access.

Under section 655.936(1), on presentation of a certified copy of the letters of authority, the lessor shall immediately deliver all property the decedent deposited for safekeeping; shall grant the personal representative access to any safe-deposit box in the decedent’s name and allow removal of any part or all of the contents; and shall allow the personal representative or the personal representative’s attorney to pay the accumulated charges and terminate the lease. That last item is new, and it answers a question this chapter never used to address: what happens to the box itself once the contents come out.

9.1 What to Do If the Institution Still Refuses Access

If there is no joint lessee, a personal representative who holds letters of administration does not need a court order to get into the box. That has technically been true for years, but in practice nearly every financial institution we dealt with demanded a separate court order anyway, and the cost of arguing about it usually exceeded the cost of just filing the petition. The 2026 amendments targeted that problem.

Now the statute compels access, and if an institution refuses anyway, the personal representative has a remedy with real teeth. New section 733.6125 authorizes a proceeding to enforce the personal representative’s authority, and the court shall award a prevailing personal representative taxable costs as in chancery actions, including attorney fees. The court may direct that those fees be paid by whoever’s action or inaction made the proceeding necessary.

The first step is to present a certified copy of your letters to the institution and, if you are refused, have your attorney send a letter quoting sections 655.933, 655.936, and 733.6125. In our experience, most institutions reconsider at that point, because the fee-shifting provision changes the math for them.

Caution: none of this eliminates the separate requirements that apply once you are in front of the box. Access under section 655.936 is not the same thing as the initial opening and inventory under section 733.6065, which is covered next. Getting the institution to open the door does not relieve the personal representative of the witnessing and filing obligations.

9.2 Opening the Box and Filing the Inventory

Under section 733.6065, the initial opening of a safe-deposit box that is leased or co-leased by the decedent must be conducted in the presence of either of the following persons:

1. An employee of the institution where the box is located;

2. The personal representative; or

3. The personal representative’s attorney of record.

Note the words any two. A personal representative cannot open the box alone. At least two of the three people listed above must be present, and each person present must verify the contents by signing a copy of the inventory under penalties of perjury.

Once the safe-deposit box has been examined, the personal representative must file the inventory of its contents with the court within 10 days after the box is opened, together with a copy of the box entry record running from 6 months before the date of death through the date of the inventory. The personal representative may also remove contents of the box belonging to the decedent.

Caution: If the box is co-leased, some items may belong to the co-lessee and may require further evaluation by the court to determine ownership.

10. Conclusion and Next Steps

10.1 Final Thoughts on Florida Probate

Probate in Florida is a process. It is time-consuming, expensive, and can be stressful. It has a fixed sequence, a short list of deadlines, and a small number of decisions that actually matter. Almost everything that goes wrong in the cases we see traces back to one of four things: opening the wrong type of administration, paying creditors in the wrong order, distributing assets before the beneficiaries have signed off, or simply losing months because no one pushed the case forward.

Determine first whether probate is necessary at all, because jointly held assets, beneficiary designations, and trust assets pass outside the process. Set the homestead aside when you measure the estate against the $150,000 summary administration threshold. Do not pay a single creditor until you know who they are. And do not distribute until the beneficiaries have either approved the accounting or waived it in writing.

The good news is that the 2026 Florida statutory amendments made probate easier than it used to be. More estates qualify for summary administration, several small-estate limits doubled, and a personal representative who is being prevented from performing their duties by a bank now has a real remedy instead of a shrug.

10.2 How to Prepare for the Future

Probate is an avoidable problem. Probate is not a wealth tax; it is a tax on inattention. A revocable living trust, funded properly, keeps the entire process out of the courthouse. Short of that, beneficiary designations on financial accounts, payable-on-death and transfer-on-death registrations, and enhanced life estate deeds on Florida real property will move most assets outside probate at modest cost.

Whatever route you choose, the follow-through matters more than the documents. Review beneficiary designations after every marriage, divorce, birth, and death in the family. Make sure a trust you paid for is actually funded, because an unfunded trust accomplishes nothing. Tell someone you trust where the original Will is kept. And leave behind a plain list of accounts, institutions, and advisors, which will save your family more time than any other single document.

10.3 When to Seek Professional Help

Some estates genuinely can be handled without a lawyer. A summary administration with one bank account, cooperative beneficiaries, and no creditors is one of them. So is a disposition without administration under section 735.301.

Talk to a probate attorney before doing anything else if any of the following is true: the estate is insolvent or you suspect significant creditor claims; the decedent owned real property, particularly homestead with a surviving spouse or minor child; there is a blended family, an estranged heir, or a beneficiary you cannot locate; someone is contesting the Will or the appointment; assets are unknown or account information is missing; a beneficiary is a minor; the estate may owe federal estate tax; the decedent owned property in another state; or an institution is refusing to honor your letters of administration.

Most probate firms offer a free consultation, and a single conversation early is considerably cheaper than unwinding a mistake later. If you have questions about anything in this book, please reach out. I am always happy to chat.