Order
When life feels overwhelming
Order
When life feels overwhelming
Florida families may need to choose between formal probate and summary administration, protect a surviving spouse's homestead rights, and handle federal tax filings even though the state has no individual income tax. The right path depends on the property involved, who survives the person, and how long ago the death occurred.
This guide gives families a practical starting point. It is general information, not legal advice. A Florida probate lawyer or the Circuit Court clerk can explain filing requirements for a particular estate.
Probate is generally filed in the Circuit Court for the county where the person was domiciled. The court process may be formal administration or summary administration. Formal administration is the fuller court-supervised process and ordinarily involves appointing a personal representative. Summary administration is a shorter procedure when its legal conditions are met.
Before filing, locate the original will, obtain certified death certificates, identify probate assets and debts, and confirm the correct county. Property with a named beneficiary or a valid survivorship arrangement may pass outside the probate estate, so the total value of everything a person owned is not automatically the figure used for the court-path decision.
Under Fla. Stat. § 735.201, summary administration may be available when the value of the probate estate subject to administration in Florida is $150,000 or less, after excluding property exempt from creditors' claims, or when the person has been dead for more than two years.
Florida also has a separate disposition-without-administration procedure for certain very small estates. It is not the same as summary administration. Families should check the statute and court requirements rather than choosing a shortcut based only on a rough estimate of the estate.
Florida homestead is more than a property-tax exemption. Constitutional and probate protections can limit how a homestead passes when there is a surviving spouse or minor child. A will may not control the home in the way a family expects. A spouse may receive a life estate or may elect an undivided one-half interest in some circumstances.
Because homestead status can affect transfer, creditor protection, and the shares of family members, do not sell or distribute the home until the estate has confirmed the applicable rules.
Florida has no individual state income tax and does not impose a separate Florida inheritance or estate tax. That does not end the tax work. The family may still need a final federal income tax return, and an estate that earns income during administration may need a federal fiduciary return. Business, sales-tax, or federal estate-tax obligations can also apply depending on the facts.
Read what to do when someone dies, probate: what families need to know, or browse all family guides.