This guide explains how probate works in Florida in plain English: what it is, how long it takes, what it costs, how to avoid it where possible, and your real options for the property. Every figure is sourced to Florida law and the courts. You are not handling this alone, and there is no pressure here.
Disclaimer: SPF Homes is a local cash home buyer, not a law firm. This article is general education, not legal advice, and Florida law and the details of each estate vary. For the legal specifics of your situation, a Florida probate attorney is the best source.
Last reviewed June 2026 by the SPF Homes team in Flagler Beach.
$75,000
Estate-value line for the faster "summary administration" path
4 to 12 wks
Typical summary administration timeline, versus 6 to 12+ months for formal
2 years
If the person passed more than 2 years ago, summary administration is available at any estate size
What probate actually is
Probate is the court-supervised process for settling someone's estate after they pass: proving the will (if there is one), identifying assets, paying valid debts and taxes, and transferring what is left to the rightful heirs or beneficiaries. In Florida it is handled by the circuit court in the county where the person lived, under the Florida Probate Code (Florida Statutes Chapters 731 through 735).
The reason probate exists is to give clear legal title. When a house is in a deceased person's name, no one can sell or transfer it cleanly until the court confirms who has the authority to act. That confirmation is what unlocks everything else.
Does this estate even need probate?
Not every asset goes through probate. Anything with a named beneficiary or a survivorship feature usually passes outside of it: life insurance, retirement accounts, payable-on-death bank accounts, and property held jointly with rights of survivorship. What typically does need probate is property titled in the deceased person's name alone, including most houses.
For very small estates, Florida also offers disposition without administration, a simplified path when there is no real estate and the only assets are limited to final expenses like funeral and last-illness costs. If a house is involved, that option generally will not apply, but one of the two administration paths below usually will.
Summary vs. formal administration
Florida has two main probate paths. Which one applies comes down mostly to the value of the estate and how long ago the person passed.
Faster path
Summary administration
Available when the estate subject to probate is $75,000 or less (not counting exempt property like the homestead), or when the person passed more than two years ago.
- Governed by Florida Statutes Chapter 735
- No personal representative is appointed
- Often complete in about 4 to 12 weeks
Standard path
Formal administration
Required for most estates above the summary threshold, and whenever a personal representative is needed to manage the estate or sell property.
- Governed by Florida Statutes Chapter 733
- Court appoints a personal representative (executor)
- Usually takes about 6 to 12+ months
How long does probate take in Florida?
It depends on the path and on whether anything is contested. A clean summary administration can wrap in roughly a month or two. A formal administration runs longer because creditors get a notice period and the court oversees more steps. Contested wills, creditor disputes, or homestead questions can extend either one.
Ranges are typical, not guaranteed. Your case may move faster or slower.
How much does probate cost in Florida?
Costs fall into two buckets: court filing fees and professional fees. Court filing fees in Flagler County run roughly $235 to $345 for summary administration and about $400 for formal administration. Then there are attorney and personal representative fees.
Florida law sets a fee schedule that is presumed reasonable for attorney compensation in formal administration (Florida Statutes Section 733.6171). It is important to understand this is a guideline, not a mandatory or fixed fee, and the attorney must disclose that to the personal representative. The schedule is based on the value of the estate:
| Estate value | Presumed reasonable attorney fee |
|---|---|
| $40,000 or less | $1,500 |
| $40,000 to $70,000 | $2,250 |
| $70,000 to $100,000 | $3,000 |
| $100,000 to $1 million | 3% of the value |
| $1 million to $3 million | 2.5% of the value |
A personal representative may also be entitled to compensation under a similar schedule (Florida Statutes Section 733.617). Many families are surprised that fees scale with the value of the home, which is one reason some choose to resolve the property side efficiently.
Worried the fees and timeline will eat into what the family keeps? Selling the house as-is to a local cash buyer removes repairs, commissions, and months of carrying costs. See what SPF Homes can offer, with no obligation.
How to avoid probate in Florida
Probate is avoidable with planning done before someone passes. The most common tools in Florida:
- Lady bird deed (enhanced life estate deed). A Florida-specific deed that lets an owner keep full control during life, then pass the property automatically at death without probate. Popular because it is simple and revocable.
- Revocable living trust. Property held in the trust passes to beneficiaries outside probate.
- Joint ownership with rights of survivorship. The surviving owner takes title automatically.
- Beneficiary and payable-on-death designations. For financial accounts and life insurance.
Common myth: Florida does not offer a transfer-on-death deed for real estate the way some other states do. In Florida, the lady bird deed is the usual tool people are looking for when they search "transfer on death deed." A will, on its own, does not avoid probate. It directs how probate distributes assets.
The homestead curveball
Florida's homestead protections are unique and they trip up many families. A primary residence that qualifies as homestead is generally treated differently from other estate assets: it is usually protected from most creditors, and it passes under Florida's constitutional rules, which can limit how it is left in a will if there is a surviving spouse or minor child. Because homestead is often excluded when calculating the $75,000 summary administration threshold, a modest estate with a valuable home can still qualify for the faster path. This is an area where getting the classification right matters, and where an attorney's input is worth it.
Can you sell the house during probate?
Often, yes. The exact timing depends on the probate stage and the authority granted. If the will gives the personal representative a power of sale, court approval to sell may not be required. Otherwise, the court usually reviews and authorizes the sale. Here is the typical path:
-
1
Open probate
Nothing can be sold until a case is opened with the court.
-
2
Get authority to act
The personal representative is appointed, which grants the legal power to manage and sell.
-
3
Confirm sale authority
Either a power of sale in the will applies, or the court approves the sale.
-
4
Close and distribute
Proceeds go back into the estate and are distributed to heirs after valid debts are settled.
SPF Homes buys houses as-is across Florida, including probate properties that need repairs or still hold personal belongings. We coordinate with your attorney and title team to keep everything compliant, and there are no fees to talk and no obligation. You can read more on our probate home sale page.
What happens if you do not file probate?
Skipping probate does not make the problem go away. The house stays legally in the deceased person's name, which means it cannot be sold or refinanced with clear title, and heirs cannot fully take ownership. Property taxes, insurance, and upkeep still come due, and an empty or uninsured home can lose value. Filing, even years later, is usually what reopens the path to selling or transferring the property.
Flagler County probate resources
If the property is in Flagler County, probate is handled by the Seventh Judicial Circuit. These are the local starting points. Please confirm current details directly, since court contacts and fees can change.
Flagler Clerk of Court, Probate Division
Kim C. Hammond Justice Center
1769 E. Moody Blvd, Bldg 1, Bunnell, FL 32110
Probate: (386) 313-4497
Seventh Judicial Circuit Court
Serves Flagler, Volusia, Putnam, and St. Johns counties. Probate cases for Flagler residents are filed here.
Florida Courts E-Filing Portal
Probate documents are filed electronically through the statewide portal at myflcourtaccess.gov.
Community Legal Services of Mid-Florida
Free and low-cost civil legal help for those who qualify, serving Flagler County residents.
SPF Homes is based in Flagler Beach and works throughout the county, including Palm Coast, Bunnell, Flagler Beach, and Beverly Beach. See our Flagler County page for more on how we help locally.
How SPF Homes helps with a probate sale
If selling the property is part of the plan, we make that part simple. SPF Homes is a local Flagler Beach team that buys probate homes as-is across Florida, including properties that need repairs or still hold a loved one's belongings. We coordinate directly with your attorney and title company so the sale stays compliant with the probate timeline.
No repairs or cleanouts
We buy as-is, including homes that need work or still hold belongings.
No commissions or fees
No listing process, no agent commissions, and no fees to talk.
Works with your attorney
We coordinate with your legal and title team to keep everything on track.
Close on your timeline
Often in as little as 10 business days, or whenever the probate timing allows.
Frequently asked questions
- Is there an inheritance tax in Florida?
- No. Florida has no state inheritance tax and no state estate tax. Federal estate tax only applies to very large estates above the federal exemption.
- How much does an estate have to be worth to require probate?
- There is no minimum that exempts an estate from probate entirely if assets are titled in the deceased person's sole name. However, estates of $75,000 or less (excluding exempt property), or any estate where the person passed more than two years ago, may qualify for the faster summary administration.
- Do you need a lawyer for probate in Florida?
- Formal administration generally requires an attorney, with limited exceptions. Summary administration and disposition without administration can sometimes be handled without one, though many people still seek guidance.
- Can a house be sold while it is in probate?
- Often yes. It depends on the probate stage and whether the will grants a power of sale or the court approves the sale. A cash buyer experienced with probate can sometimes coordinate a smoother closing.
- Are Florida probate records public?
- Most probate records are public and viewable through the county clerk, though certain documents can be restricted.
- How long do you have to file probate after a death in Florida?
- Florida law requires a person holding a will to deposit it with the clerk within 10 days of learning of the death. There is no strict deadline to open administration, but waiting can create title and tax complications.
Dealing with a probate property in Florida?
We can talk through your options for the house with no pressure and no obligation, and coordinate with your attorney or title team.
Sources
- Florida Statutes Chapters 731 to 735 (Florida Probate Code), via The Florida Senate at flsenate.gov
- Florida Statutes Section 733.6171 (attorney fees) and Section 733.617 (personal representative fees)
- The Florida Bar, Consumer Pamphlet: Probate in Florida (floridabar.org)
- Flagler Clerk of the Circuit Court and Comptroller, Probate Division (flaglerclerk.gov)
- Florida Courts E-Filing Portal (myflcourtaccess.gov)