Order
When life feels overwhelming
Order
When life feels overwhelming
Florida's estate rules are shaped by some of the strongest homestead protections in the country, a streamlined summary administration for smaller estates, and no state income tax. But these rules come with real nuance, especially when a surviving spouse or minor children are involved. Order surfaces Florida's specific steps in plain language, so your family knows exactly what to do and when.
Content updated: October 2026
State-specific rules that affect how an estate is handled here.
Florida's homestead law provides strong protections for surviving spouses and minor children. A surviving spouse may have a life estate or an undivided half interest in the homestead — and in some cases, the home cannot be sold or transferred without their consent, even if the will says otherwise.
Summary administration may be available when the Florida probate estate is $150,000 or less under Fla. Stat. § 735.201, or when the person has been dead for more than two years. A separate disposition-without-administration path may fit certain very small estates.
Florida has no state income tax, which simplifies the filing picture. There's no final state return to file with Tallahassee. That said, the Florida Retirement System has its own survivor benefit process.
Vehicle title transfers in Florida go through the Department of Highway Safety and Motor Vehicles using Form HSMV 82040. If the vehicle is jointly owned or the deceased is the sole owner, the required documentation differs.
These are just a few of the Florida-specific tasks Order surfaces automatically when you select your state.
Summary administration may be available when the probate estate is $150,000 or less, or when the deceased has been gone more than two years. Check which process applies before filing in Circuit Court.
Florida's constitutional homestead rules can override the will entirely when a surviving spouse or minor child exists — this protection is separate from the property tax homestead exemption.
Florida's simplest estate option: available for personal property only, no creditors, and limited value. If it applies, it avoids both summary and formal probate entirely.
Plus dozens more tasks across all 8 categories: funeral arrangements, digital accounts, dependents, and more.
Deeper reading
Probate rules vary significantly by state. Our full guide explains the process, timelines, and how to avoid common delays in Florida.
Military families in Florida
Florida-specific
These tasks appear automatically in your checklist when you select Florida as your state.
Summary administration is available for estates up to $150,000 for deaths on or after July 1, 2026, or when the person died more than 2 years ago
Special protections for surviving spouse and minor children
Use HSMV 82040 form for title transfer
