Does a Will Have to Go Through Probate in Florida?
Yes, whenever the person who died owned property in their sole name with no beneficiary, because Florida law makes a will useless as proof of title until a court admits it to probate. The original will also has to be deposited with the clerk of court within 10 days after the person holding it learns of the death, even when nothing needs probate.
A will is a set of instructions addressed to the probate court. The will names a personal representative (Florida’s word for the executor) and says who inherits, but the person it names has no authority to sign anything until the court issues letters of administration. A bank will not release a sole-name account and a title company will not insure the sale of a sole-name house on the strength of a will alone. Our page on letters of administration covers that appointment.
Depositing the will and probating the will are two separate acts. Handing the original to the clerk opens no case, appoints nobody and makes nobody responsible for the debts, and the clerk keeps the original for at least 20 years either way. A holder who sits on a will without a good reason can be ordered to produce it and charged the costs and attorney fees of the family that had to ask. If you cannot locate the original, our guide on how to find a will or probate records in Florida walks through the clerk search, the drafting lawyer and the safe deposit box.
A will never needs a probate case when every asset passed some other way, by beneficiary designation, joint ownership with survivorship, a lady bird deed or a funded trust. The will is deposited and the file stops there. Florida also lets a court admit a will to probate without opening an administration when nothing in Florida needs administering, which families sometimes use to put the will on record. What follows when a will that should be probated is not is covered in what happens if you do not probate a will in Florida.
Practice pointer. A will that directs a full administration rules out the faster summary administration even for a small estate, so read the will for that sentence before choosing the path.
When Is Probate Required in Florida?
Probate is required in Florida when a person dies owning property in their sole name that nothing else passes, meaning no beneficiary, no joint owner with survivorship rights, no pay-on-death designation and no trust. The value and the date of death then decide which kind applies, and an estate of $150,000 or less, not counting the protected homestead, or a death more than two years ago qualifies for summary administration.
The practical test is whether someone has to sign for the person who died. A bank closing a sole-name account, a buyer’s title company and a brokerage transferring shares all want a court order or letters of administration. A power of attorney does not fill the gap, because every Florida power of attorney ends at death.
The same question decides the house. A home in the person’s sole name still goes through probate, and a protected homestead that passes to a spouse or children outside the will needs a court order confirming its homestead status before a title company will insure a sale. A home held as tenants by the entirety, in a funded trust or under a lady bird deed passes with a death certificate.
Florida offers three paths once probate is required.
- Disposition without administration fits an estate with no real estate whose remaining assets do not exceed the funeral bill and the medical expenses of the last 60 days. Flat fee from $1,500.
- Summary administration fits an estate of $150,000 or less after exempt property, or any death more than two years ago, and appoints no personal representative. Flat fee from $2,500.
- Formal administration covers everything else, appoints a personal representative and usually runs 6 to 12 months. Flat fee from $3,500 for a routine estate.
Government costs, including the filing fee, publication and certified copies, are additional and passed through at cost. Probate is sometimes worth opening even when it is not strictly required, because a formal administration lets the personal representative publish a notice that bars most creditor claims after three months, where an estate with no probate stays exposed to claims for two years after the death. See how long each path takes.
Frequently Asked Questions
When Is Probate Not Needed in Florida?
When everything the person owned passes outside their probate estate. Assets with a named beneficiary (life insurance, retirement accounts), pay-on-death or transfer-on-death accounts, jointly owned property with survivorship, a home that passed by a lady bird deed, and anything in a funded trust all skip probate. If the entire estate is made up of those, no probate is usually needed, just death certificates and some paperwork to retitle.
What Is the Difference Between Summary and Formal Administration?
Summary administration is a shortened probate for estates worth $150,000 or less, not counting the protected homestead (a new Florida law raised the cap from $75,000 on July 1, 2026), or when the person died more than two years ago; no personal representative is appointed and it often closes in weeks. Formal administration is the full process for larger or more recent estates. A personal representative is appointed, creditors are noticed, and it usually runs 6 to 12 months. Disposition without administration is an even simpler path for the very smallest estates with no real estate.
Does the Homestead Count Toward the $150,000 Limit?
No. The protected Florida homestead is generally excluded when measuring the summary-administration threshold ($150,000, raised from $75,000 on July 1, 2026), and it often passes outside probate by its own descent rules (or by a lady bird deed). That is why a family with a valuable home but modest other assets can still qualify for the faster, cheaper summary administration. We confirm how the homestead is treated in your specific case.
How Much Does Each Type Cost?
Our flat fees start at $1,500 for disposition without administration, $2,500 for summary administration, and $3,500 for routine formal administration; larger formal estates are estimated at the consult. Government costs, the county filing fee, publication, and certified copies, are additional and passed through at cost. This tool gives you a likely path; we confirm it and quote a flat fee at a no-cost consult.
What Assets Are Exempt From Probate in Florida?
Two different things go by that name. First, there are assets that skip probate entirely, meaning anything with a named beneficiary (life insurance, IRAs, 401(k)s), pay-on-death or transfer-on-death accounts, property held jointly with survivorship or as tenancy by the entirety, a home that passed by a lady bird deed, and anything titled in a funded trust. Second, there is "exempt property" under Florida law. Even when an estate does go through probate, the surviving spouse (or the children if there is no spouse) can set aside certain assets free from most creditors, including up to $20,000 of household furniture and appliances, two vehicles in regular use, and qualified college-savings (529) accounts. The homestead has its own separate protection. We sort out which of your assets fall into each bucket at the consult.
Do I Need Probate if My Husband Dies?
A surviving wife often needs no probate for jointly owned property and does need probate for anything titled in her husband’s name alone. A home or account held with a husband as tenants by the entirety, or jointly with survivorship rights, passes to the wife at death with a death certificate, and accounts and policies naming her as beneficiary pay her directly. Property in his sole name with no beneficiary still goes through probate, and a surviving spouse has first priority to serve as personal representative when there is no will. A homestead titled in the husband’s name alone passes under Florida’s homestead rules, and a court order is usually needed to confirm who owns it.
Do I Need Probate if I Have Power of Attorney?
Yes, if probate would otherwise be needed. Every Florida power of attorney ends when the person who signed it dies, so the agent loses all authority over the accounts and property at that moment. Only a personal representative appointed by the probate court, or a successor trustee for property in a funded trust, can act for the estate after death.
Do You Need Probate if You Have a Trust?
A trust avoids probate only for the property actually titled in it. A funded revocable trust passes its assets to the beneficiaries through the successor trustee with no court case. Anything left in the person’s own name at death, such as a house never deeded to the trustee or an account never retitled, still goes through probate, usually under a pour-over will that sends it into the trust afterward.
Do I Need Probate if I Am the Sole Beneficiary?
Usually yes, if the property was in the deceased person’s sole name. Being the only beneficiary gives no authority to sign for the estate, and a bank or title company still needs letters of administration or a court order. Being the sole beneficiary does simplify the case, because Florida does not require a lawyer for a personal representative who is the sole interested person, and summary administration may be available for an estate of $150,000 or less.
Sources of Law
- Fla. Stat. §733.103(1) (a will is ineffective to prove title until admitted to probate); §732.901(1),(2),(4) (custodian deposits the will within 10 days after learning of the death; compelled production with costs and fees; clerk retains the original 20 years); Fla. Prob. R. 5.210 (probate of a will without administration); §735.201(1) (summary administration unavailable where the will directs administration); §§733.702, 733.710 (three-month creditor bar after publication; two-year outside limit); §709.2109(1)(a) (a power of attorney terminates at the principal’s death); Fla. Prob. R. 5.405 (determination of protected homestead). Statute text read from the 2026 Florida Statutes (retrieved 2026-10-01).
- Fla. Stat. §735.201 to §735.206 (summary administration), §735.301 (disposition without administration), ch. 733 (formal administration). Florida probate guide → · estimate the cost → · the "small estate affidavit" question → (retrieved 2026-06-09)
Updated October 1, 2026. Reviewed by Kevin D. Klagge, Esq., Fla. Bar No. 99502. General information about Florida law, not legal advice. Do not send confidential information until we have agreed to represent you.
