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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.