Executor Checklist for Florida: Complete 2026 Probate Guide

Your mother passed away last month in Tampa. She owned a condo, a modest savings account, and a car. You're named in her will as the person who should handle her estate — except in Florida, you're not called an "executor." You're the personal representative. It sounds like a small distinction, but it's a signal that Florida probate has its own terminology, its own procedures, and its own rules. You need Florida-specific answers, not generic advice.

This is your step-by-step Florida executor checklist — every form, every deadline, every fee, specific to how Florida probate actually works in 2026. If you're looking for a general overview of the role first, start with our Executor's Complete Guide to Probate and come back here for the Florida details.

Important: This guide is for informational purposes only and does not constitute legal advice. Probate laws are complex and vary by county within Florida. Always consult with a licensed attorney authorized to practice law in Florida before making legal or financial decisions about an estate.

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Quick Reference: Florida Probate Court Contact

Florida Circuit Court — Probate Division Website: flcourts.gov/Probate Phone: (850) 922-5081 (Office of State Courts Administrator) Filing Fee: $400 Small Estate Threshold: $75,000 (summary administration) Creditor Period: 3 months Attorney Required: Yes (for formal probate)

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Your Florida Executor Checklist

Step 1: Immediate Actions (First 7 Days)

Before you think about court filings, there are things that need to happen right away. These protect the estate and protect you as the person stepping into the role of personal representative.

Order death certificates. You'll need more than you think. Order 10-15 certified copies from the county health department or the funeral home. Banks, insurance companies, brokerage firms, and government agencies will each want their own certified copy. In Florida, certified copies cost approximately $10 per certified copy (as of January 2025).

Secure the property. If the deceased owned a home, make sure it's locked, the air conditioning is running (Florida humidity can cause serious damage to an unoccupied home quickly), and the mail is being collected. Check that homeowner's insurance is current, including hurricane and flood coverage — policies can lapse after a death, and Florida weather is unforgiving. If there are vehicles, make sure they're parked safely and insured.

Locate the original will. You need the original, not a copy. Check the deceased's home, their attorney's office, and any safe deposit box. In Florida, if the will was deposited with the circuit court clerk for safekeeping during the person's lifetime, you can request it with a death certificate. Without the original, proving the will's contents becomes significantly more difficult.

Notify immediate family. Let beneficiaries and close family members know that you've been named personal representative and that you'll be managing the probate process. You don't need to share financial details yet — just that you're handling things and will keep them informed. Setting expectations early reduces the communication burden significantly.

Gather financial records. Start collecting bank statements, investment account information, mortgage documents, credit card statements, tax returns, and insurance policies. You'll need all of this for the inventory and for filing taxes later. The more organized you are now, the smoother every subsequent step will be.

Step 2: Determine If Full Probate Is Required

Not every Florida estate needs formal probate. Before you hire an attorney (which, for formal probate, Florida requires), check whether the estate qualifies for a simpler path.

Summary administration (Florida Statutes 735.201). If the total value of the estate (excluding exempt property) is $75,000 or less, or if the deceased has been dead for more than two years, the estate may qualify for summary administration. This is a simplified procedure — you file a petition, the court issues an order of summary administration, and assets are distributed without appointing a personal representative. It's faster, cheaper, and involves less paperwork than formal administration. Even for summary administration, Florida requires an attorney to file the petition.

Disposition without administration (Florida Statutes 735.301). If the estate consists only of exempt property and personal property that doesn't exceed the cost of the deceased's last illness and funeral expenses, you may be able to handle things through a simple petition for disposition without administration. This is rare but worth checking.

Exempt property. Florida has generous exemptions. Certain assets — including household furniture and furnishings (up to $20,000 in value), two motor vehicles, and all qualified tuition programs — are exempt from creditor claims and can be distributed quickly. The surviving spouse and minor children have priority claims to exempt property.

Homestead property. Florida's homestead protections are among the strongest in the country. A homestead property (the primary residence, up to half an acre in a municipality or 160 acres in an unincorporated area) is constitutionally protected from most creditors and may not be subject to probate if the deceased is survived by a spouse or minor children. Instead, it passes directly to the surviving spouse (or is held in trust for minor children). This is a major difference from most states and can dramatically simplify the estate if the home is the primary asset.

If the estate exceeds these thresholds or involves non-exempt assets, you're looking at formal administration.

Step 3: File the Petition for Administration

This is the step that officially starts the probate process in Florida — and the first step where Florida's attorney requirement becomes critical.

Hire a Florida probate attorney. This is not optional. Florida law requires attorney representation for formal probate. The personal representative cannot file motions, attend hearings, or handle probate proceedings pro se (on their own) unless the personal representative is the sole beneficiary. Even then, the practical complexity of Florida probate makes an attorney essential. Attorney fees in Florida are governed by statute and are based on the estate's value — similar in concept to California's statutory fee structure.

File a Petition for Administration. Your attorney will prepare and file the Petition for Administration with the circuit court in the county where the deceased resided at the time of death. The petition identifies the deceased, the will, the proposed personal representative, and the beneficiaries.

Pay the filing fee. The standard Florida probate filing fee is $400. This is paid when the petition is filed.

Letters of Administration are issued. After the court reviews the petition and any required supporting documents, the judge issues Letters of Administration (or Letters of Administration with Will Annexed), which formally appoint you as personal representative. Unlike Texas, Florida courts may not issue letters the same day — expect to wait a few days to a week.

Post a bond (if required). Florida requires the personal representative to post a bond unless the will specifically waives the bond requirement, or all beneficiaries waive it. The bond protects beneficiaries against mismanagement. If the will waives the bond — which most well-drafted Florida wills do — you can skip this step.

For context on what the overall process looks like step by step, our general executor checklist covers the phases that apply in every state.

Step 4: Publish Notice and Notify Creditors

Florida has specific requirements for notifying both creditors and beneficiaries.

Publish a Notice to Creditors. Within 60 days of your appointment, you must publish a Notice to Creditors in a newspaper of general circulation in the county where the estate is being probated. The notice runs for 2 consecutive weeks. This starts the clock on the creditor claim period.

Send direct notice to known creditors. You must also mail a copy of the Notice to Creditors to any creditor you know about or can identify with reasonable diligence. Known creditors who don't receive direct notice may still have claims after the publication period expires, so be thorough.

The creditor claim window: 3 months. In Florida, creditors have 3 months from the first date of publication of the Notice to Creditors — or 30 days from the date you mailed them direct notice, whichever is later — to file a claim (FL Statute 733.702). Note that the statutory period is "3 months," which is legally distinct from "90 days." This is one of the shortest creditor periods in the country, which helps keep Florida probate moving faster. You cannot distribute assets until this window closes and all valid claims are resolved. Understanding how debt works after someone dies will help you evaluate which claims are legitimate.

Send a Notice of Administration to beneficiaries. Within 3 months of your appointment, you must mail a Notice of Administration to all beneficiaries and to all persons who may be entitled to exempt property or a family allowance. Beneficiaries have specific legal rights, including the right to receive a copy of the will and to be notified of all major estate actions.

Step 5: Inventory and Appraise Assets

This is where you account for everything the deceased owned.

File an inventory within 60 days. Florida requires the personal representative to file an inventory of the estate's assets with the court within 60 days of appointment. The inventory lists every asset, its estimated fair market value as of the date of death, and any encumbrances (mortgages, liens, etc.).

No court-appointed appraiser required. Unlike California, Florida does not require a court-appointed probate referee. You can value most assets yourself using bank statements, brokerage statements, county property appraiser records, and other documentation. For real estate, business interests, or unique personal property, getting a professional appraisal is wise — but it's your choice, not a court mandate.

Homestead determination. This is critical in Florida. You'll need to determine whether any real property qualifies as homestead under Florida's constitutional provisions. Homestead property has special rules for distribution and is generally exempt from most creditor claims. If the deceased is survived by a spouse, the spouse has a constitutional right to the homestead — the will cannot override this. Get your attorney's guidance on homestead classification, as mistakes here can have serious legal consequences.

Elective share. The surviving spouse in Florida has a right to an elective share — 30% of the estate's augmented value — regardless of what the will says. If the spouse is dissatisfied with what the will provides, they can elect against the will and claim this 30% share. This can significantly affect the distribution plan if the surviving spouse exercises this right.

Step 6: Pay Debts, Taxes, and Expenses

Once the creditor window opens and claims come in, you need to handle them in the proper order.

Evaluate creditor claims. Review each claim carefully. You have 30 days from receiving a claim to object. If you don't object within that window, the claim is deemed allowed. You can accept valid claims, negotiate settlements, or formally object to claims you believe are invalid. Objected claims may require court resolution.

Florida has no state income tax or state estate tax. This is one of the advantages of Florida probate. There is no state income tax, no state estate tax, and no state inheritance tax. You only need to worry about federal estate tax if the estate exceeds the federal exemption — $15 million per person as of 2026 (adjusted annually for inflation). The vast majority of Florida estates owe zero estate tax.

File the decedent's final federal income tax return. The deceased's final federal income tax return is due by April 15 of the year following death. Since Florida has no state income tax, there's no state return to file. If the estate generates income during administration (rental income, investment dividends, interest), you'll need to file a federal estate income tax return (Form 1041).

Pay debts in the proper order. Florida law establishes a priority order for paying claims against the estate (Florida Statutes 733.707). The order is: costs of administration (attorney fees, personal representative fees), funeral expenses, federal taxes, last illness expenses, family allowance, and then general creditors. Following this priority protects you from personal liability.

Personal representative compensation. Florida statutes provide that the personal representative is entitled to a reasonable fee, which is generally calculated as a percentage of the estate. The customary fee is 3% of the estate's inventory value plus 3% of income earned during administration. This can be modified by the will or by agreement with the beneficiaries. For more on how executor compensation works across states, see our detailed guide.

Step 7: Distribute Assets and Close the Estate

You're in the final stretch. Florida requires a formal closing process.

File a final accounting. Florida requires a formal closing report that details every transaction during the estate administration — assets collected, income received, debts paid, fees charged, and the proposed distribution to each beneficiary. This accounting must be served on all interested persons.

Petition for discharge. After the accounting is filed and the creditor period has closed, your attorney will file a Petition for Discharge with the court. Beneficiaries have 30 days to file objections to the accounting. If no objections are filed, the court approves the final distribution.

Distribute assets according to the will. After court approval, transfer assets to beneficiaries as directed by the will. Get signed receipts from each beneficiary confirming they received their distribution. This protects you if questions come up later.

Receive your discharge. Once everything is distributed, the court issues an Order of Discharge, formally releasing you from your duties and liability as personal representative. Keep copies of everything — your attorney should retain the file, but maintain your own records as well.

For a broader look at how the probate timeline typically unfolds, including what causes delays, see our detailed timeline breakdown.

Florida-Specific Probate Rules to Know

Beyond the step-by-step process, there are several Florida-specific rules that can significantly affect how you manage the estate.

Attorney required — no exceptions for formal probate. Florida is one of the few states that requires attorney representation for formal probate. The personal representative cannot handle court proceedings alone. Even for summary administration, an attorney must prepare and file the petition. Attorney fees are generally based on the estate's value: 3% of the first $1 million, 2.5% of the next $4 million, and 2% of the next $5 million. These are considered "ordinary" fees — extraordinary services (litigation, tax disputes, contested wills) can increase the cost.

Homestead protections (Article X, Section 4, Florida Constitution). Florida's homestead protection is constitutional, not just statutory, making it exceptionally strong. The homestead is exempt from forced sale by most creditors. If the deceased is survived by a spouse or minor children, the homestead cannot be devised (given by will) to anyone other than the surviving spouse. The spouse receives either a life estate in the homestead or can elect to take an undivided 50% interest as tenant in common with the decedent's descendants. This rule overrides the will — a common source of surprise and conflict.

"Personal representative," not "executor." Florida uses the term "personal representative" rather than "executor." It's not just a naming convention — it reflects Florida's adoption of UPC-influenced terminology. When searching for forms, contacting courts, or working with attorneys, use the Florida terminology to avoid confusion.

Summary administration time limit. Summary administration is available when the estate is valued at $75,000 or less (excluding exempt property) — but it's also available for any estate if the decedent has been dead for more than two years, regardless of value. This is a useful option for estates where probate was delayed.

Family allowance. The surviving spouse and dependent children are entitled to a family allowance of up to $18,000 that takes priority over most creditor claims and is paid before general distributions. This provides immediate financial support to the family during probate.

No state-level estate or inheritance tax. Florida's constitution actually prohibits a state estate tax (Article VII, Section 5). This constitutional protection means the legislature cannot impose one without a constitutional amendment — giving Florida residents an extra layer of assurance that no state death tax will surprise them.

What HeirPortal Does for Florida Executors

When you set up an estate in HeirPortal, Florida-specific deadlines and requirements populate automatically — the 60-day inventory deadline, the 3-month creditor claim window, the 3-month beneficiary notification deadline, and key filing dates. Your family members see the same timeline you do, which means fewer calls asking "what's happening with Mom's estate?" and more time spent actually moving things forward. You can check our state coverage page to see exactly what's included.

FAQ

How long does probate take in Florida?

Most Florida estates take 6-12 months from the initial filing to final distribution. Simple estates with cooperative beneficiaries, no real estate complications, and no contested claims can sometimes close in 4-6 months — helped by Florida's short 3-month creditor period. Complex estates — those involving homestead disputes, contested wills, tax complications, or litigation — can take 1-2 years or longer. Summary administration can be completed in as little as 1-3 months.

Do I need a lawyer for probate in Florida?

Yes — Florida requires attorney representation for formal probate. The personal representative cannot handle court proceedings without an attorney. This applies even if you're the sole beneficiary (with narrow exceptions). For summary administration, an attorney must also prepare and file the petition. Florida attorney fees are typically based on a percentage of the estate value, with ordinary fees around 3% of the first $1 million.

What is the small estate threshold in Florida?

Florida's summary administration threshold is $75,000 (excluding exempt property like homestead, household goods, and vehicles). Estates below this value — or estates where the decedent has been dead for more than two years regardless of value — can use the simplified summary administration procedure. Disposition without administration is available for even smaller estates consisting only of exempt property and amounts not exceeding final illness and funeral costs.

How much does probate cost in Florida?

The major costs break down as follows:

• Court filing fee: $400
• Attorney fees (ordinary): 3% of the first $1 million of estate value
• Personal representative fee: 3% of inventory value + 3% of estate income
• Newspaper publication: $150 -- $300
• Certified death certificates: $100 -- $150 (for 10-15 copies at ~$10 each)
• Bond premium: Varies (if required and not waived)

On a $500,000 estate, total costs (including attorney and personal representative fees) can reach $30,000-$35,000. Summary administration is significantly cheaper — typically $2,000-$5,000 total including attorney fees.

What is Florida homestead protection?

Florida homestead protection is a constitutional provision that protects the primary residence from most creditors and limits how the property can be distributed after death. If the deceased is survived by a spouse or minor children, the homestead cannot be devised to anyone other than the surviving spouse — regardless of what the will says. The surviving spouse can choose either a life estate in the home or an undivided 50% ownership interest. Homestead property is generally exempt from the claims of creditors (except mortgage holders, property tax liens, and contractors who worked on the home).

Can I avoid probate in Florida?

Yes, several strategies can minimize or avoid probate in Florida:

• Living trust: Assets held in a revocable living trust pass outside of probate
• Joint ownership with right of survivorship: Property passes automatically to the surviving owner
• Beneficiary designations: Life insurance, retirement accounts, and payable-on-death bank accounts bypass probate
• Enhanced life estate deed (Lady Bird deed): Transfers real property automatically at death while retaining full control during life
• Summary administration: Estates under $75,000 (or over 2 years old) qualify for simplified procedures
• Transfer-on-death registration: Available for securities and investment accounts

What happens if the personal representative lives outside Florida?

Florida has strict residency requirements for personal representatives. A non-resident can serve as personal representative only if they are a spouse, sibling, parent, child, or other close relative of the deceased (within the degrees specified in Florida Statutes 733.304). An unrelated non-resident cannot serve as personal representative. If you're a non-resident relative who qualifies, you can serve but should hire a local Florida attorney (which is required anyway). If you're managing an estate from out of state, be aware that Florida's residency rules are among the most restrictive.

What is the difference between formal and summary administration in Florida?

Formal administration is the full probate process — a personal representative is appointed, an inventory is filed, creditors are notified, debts are paid, a final accounting is prepared, and the court approves the distribution. It requires an attorney and typically takes 6-12 months. Summary administration is a simplified process for estates valued at $75,000 or less (or where death occurred 2+ years ago). No personal representative is appointed — the court issues an order directing distribution of assets. It's faster (1-3 months) and cheaper, but still requires attorney involvement.

Executor Checklists for Other States

Looking for executor guidance specific to another state? We have detailed checklists for:

Alabama | Alaska | Arizona | Arkansas | California | Colorado | Connecticut | DC | Delaware | Georgia | Hawaii | Idaho | Illinois | Indiana | Iowa | Kansas | Kentucky | Louisiana | Maine | Maryland | Massachusetts | Michigan | Minnesota | Mississippi | Missouri | Montana | Nebraska | Nevada | New Hampshire | New Jersey | New Mexico | New York | North Carolina | North Dakota | Ohio | Oklahoma | Oregon | Pennsylvania | Rhode Island | South Carolina | South Dakota | Tennessee | Texas | Utah | Vermont | Virginia | Washington | West Virginia | Wisconsin | Wyoming

Don't see your state? Check our state coverage page for probate requirements in all 50 states plus DC.

Florida probate has unique twists — mandatory attorney representation, powerful homestead protections, and terminology all its own. But the 3-month creditor period is one of the shortest in the country, and summary administration offers a genuinely fast path for smaller estates. Take it step by step, lean on your attorney for the court procedures, and know that thousands of personal representatives navigate this process successfully every year in Florida.