Estate Settlement in Florida: A Complete Step-by-Step Guide for Executors

Florida Probate at a Glance

Step 1: Determine Your Probate Path

Florida offers two main probate paths. Choosing the right one depends on the estate's value and complexity.

• Summary Administration: Available for estates valued at $75,000 or less (excluding exempt homestead property), or when the deceased has been dead for more than 2 years. No personal representative is appointed — the court issues an order directly distributing assets.
• Formal Administration: Required for larger estates. A personal representative is appointed and must follow the full probate process including creditor notification and court oversight.

Note: Florida requires the personal representative to be a Florida resident or a close family member. Out-of-state friends or non-relatives generally cannot serve.

Not sure if you need probate? Read our guide →

Step 2: File the Petition for Administration

File a Petition for Administration with the Circuit Court in the county where the deceased lived. You'll need:

• The original will (if one exists)
• Certified death certificate
• Petition for Administration
• Oath of Personal Representative
• Filing fee (varies by county, typically $300–$400)

Florida requires the will to be filed with the court within 10 days of learning of the death. Failure to do so can result in personal liability.

Step 3: Get Appointed as Personal Representative

The court will issue Letters of Administration, granting you legal authority to act on behalf of the estate. Florida uses the term "personal representative" rather than executor. Order multiple certified copies — banks, title companies, and government agencies will each need one.

Step 4: Notify Creditors and Beneficiaries

You must publish a Notice to Creditors in a local newspaper for two consecutive weeks and send direct notice to all known or reasonably ascertainable creditors. Creditors have 3 months from the date of first publication to file claims (or 30 days from direct notice, whichever is later). You must also serve a Notice of Administration on all beneficiaries and the surviving spouse.

Step 5: Inventory and Appraise Assets

Within 60 days of appointment, file an inventory of all estate assets with their estimated fair market values. Homestead property is listed separately since it receives special treatment under Florida law.

Step 6: Understand Homestead Protection

Florida's homestead protection is among the strongest in the country and significantly impacts estate settlement:

• The homestead is exempt from creditor claims (it cannot be sold to pay debts)
• If the deceased is survived by a spouse or minor children, the homestead cannot be devised to anyone else — even if the will says otherwise
• The surviving spouse may choose between a life estate in the homestead or a 50% interest as tenant in common with the deceased's descendants
• The homestead exemption applies to properties up to half an acre in a municipality or 160 acres outside a municipality

How to handle a parent's house after death →

Step 7: Manage Estate Finances

Open an estate bank account and consolidate all estate funds. Pay valid creditor claims, ongoing expenses, and file final tax returns. Since Florida has no state income tax, you only need to handle federal income tax returns and, if applicable, the federal estate tax return.

What happens to bank accounts when someone dies →

Step 8: Distribute Assets and Close the Estate

After the creditor claim period expires and all debts are paid, file a final accounting and a Petition for Discharge with the court. Once approved, distribute assets to beneficiaries according to the will or Florida's intestacy laws. The surviving spouse's elective share of 30% must be satisfied before other distributions.

Florida Executor Compensation

Florida law provides a fee schedule for personal representatives based on the estate's value, which is considered "reasonable compensation":

• 3% of the first $1 million
• 2.5% of the next $4 million
• 2% of the next $5 million
• 1.5% of the next $5 million
• 1% of amounts above $15 million

Attorney fees follow a similar schedule. The will may specify a different arrangement.

Key Deadlines for Florida Executors

Frequently Asked Questions

Related Guides