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Probate in Florida

Settling an estate in Florida: do you need probate, what it costs, and how long.

Probate is the court process that gives someone legal authority to settle an estate. Whether you need the full version, and what it costs, depends on Florida's own rules. Here's where you stand.

Do you need full probate in Florida?

Florida's small-estate limit is about $75,000. Estates at or under it can usually use a faster, simpler process instead of full probate.

You also skip probate for anything set up to pass directly: accounts with a named beneficiary, retirement and life insurance, jointly owned property, and anything in a living trust.

What probate costs in Florida

Florida sets the representative's presumed-reasonable fee by law (Fla. Stat. §733.617). On a $500,000 estate that runs roughly $15,000.

Qualifying for Florida's small-estate process is the single biggest way to cut cost and time, which is why it's worth checking first.

How long it takes

Most estates settle in six to twelve months. The unavoidable waits are the creditor-claim window and the court's own schedule; you can avoid self-inflicted delays by opening the estate promptly and keeping clean records.

See exactly what applies to your estate.

Answer five quick questions and we'll tell you whether this Florida estate needs probate, what money you can recover, and the first thing to do.

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Common questions about probate in Florida

What is the small estate limit in Florida?

About $75,000. Estates at or under it can often skip full probate.

How long does probate take in Florida?

Most estates take about six to twelve months. Simple ones can be faster; contested or complex ones can run longer, largely because of the creditor-claim window and the court's calendar.

Do I need a lawyer for probate in Florida?

Often no, for a straightforward or small estate. A lawyer is worth it if the estate may owe more than it's worth, there's a dispute, or there are complex taxes.

Educational information, not legal advice. Figures are verified as of 2026 and can change; confirm current limits with the Florida probate court.