Settling an estate in Florida
In Florida, probate typically takes 6-12 months. Estates under $75,000 can usually use a simpler small-estate process. Florida has no state estate tax and no inheritance tax.
The key numbers
Reviewed January 2026- Typical probate timeline
- 6-12 months
- Small estate limit
- $75,000
- Small estate process
- Summary Administration for estates under $75K or where decedent has been dead 2+ years.
- Deadline to file the will / open probate
- No strict deadline
- State estate tax
- No
- Inheritance tax
- No
- Executor pay
- Reasonable compensation. FL statute suggests a fee schedule similar to CA percentages.
- Community property state
- No
- Homestead protection
- Constitutional homestead exemption: unlimited value, 1/2 acre in city, 160 acres outside.
Deadlines to know
- Creditor claims period
- 3 months from first publication
- Surviving spouse elective share
- 6 months from Notice of Administration
- Final tax returns
- April 15 of following year
Common questions
How long does probate take in Florida?
Probate in Florida typically takes 6-12 months. Simple estates move faster; disputes, real estate in other states, or a business can stretch it.
What is the small estate limit in Florida?
$75,000. Summary Administration for estates under $75K or where decedent has been dead 2+ years.
Does Florida have an estate or inheritance tax?
No. Florida has no state estate tax. It has no inheritance tax.
How much does an executor get paid in Florida?
Reasonable compensation. FL statute suggests a fee schedule similar to CA percentages.
Next steps
Read the full Florida estate settlement guide, or start with Executor 101.
Get a Florida checklist with Afterward →Figures last reviewed January 2026. Laws change, and this is general information, not legal advice. Confirm with the Florida probate court in the county where your loved one lived, or a local estate attorney.