Florida Probate Requirements
Florida probate requirements: small estate threshold $75,000, creditor notice 3 months from first publication, Circuit Court. Updated guidance for executors.
Key probate facts for Florida
| Small estate threshold | $75,000 |
|---|---|
| Will filing deadline | 10 days after receiving knowledge |
| Probate petition deadline | No specific deadline |
| Creditor notice period | 3 months from first publication |
| Inventory deadline | 60 days after appointment |
| Executor residency | Must be Florida resident or related to decedent |
| Bond required | Yes, unless waived in will |
| Executor compensation | 3% on first $1 million, 2.5% on next $4 million, declining thereafter |
| Estate / inheritance tax | No |
| Community property | No |
| Homestead protection | Unlimited if primary residence |
| Vehicle transfer | Transfer on death designation available |
| Probate court | Circuit Court |
Notes: Strong homestead protections; executor must be resident or family member
Sources
- Florida Courts — Probate
- Florida Probate Code (Chapters 731–735)
- IRS — Estate & Gift Tax
- Social Security Administration — Survivors Benefits
- USA.gov — What to Do After Someone Dies
- American Bar Association — Real Property, Trust & Estate Law
This summary is for general informational purposes and is not legal advice. Probate procedures change; verify with the Circuit Court or a licensed Florida attorney.