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Florida Statewide · All 67 Counties

Probate &
Trust
Administration

Compassionate guidance for Personal Representatives, Successor Trustees, and beneficiaries through Florida probate and trust administration — across all 67 Florida counties.

Hand-drawn line illustration of a balance scale

What is probate in Florida?

Probate is the court-supervised process of identifying a deceased person's assets, paying valid debts and taxes, and distributing what remains to the heirs or beneficiaries named in the will.

Florida probate is governed by Chapters 731–735 of the Florida Statutes and overseen by the circuit court in the county where the decedent lived. Each county has its own filing procedures and judges, and Lauren handles probate matters in all 67 Florida counties.

Lauren Richardson Law guides families through probate with the goal of making a difficult time less stressful — not more.

When probate is required

  • Assets titled solely in the decedent's name
  • No beneficiary designation or POD/TOD on accounts
  • Real estate held individually, not in a trust
  • Vehicles or boats titled solely to the decedent
  • Tangible personal property of significant value
  • A will exists and needs to be admitted to probate

Trust assets, jointly titled property with right of survivorship, and accounts with valid beneficiary designations typically pass outside probate.

Summary Administration vs. Formal Administration

Florida offers two main probate paths. Lauren reviews the estate to determine which applies and the most efficient way forward.

Faster · Simpler

Summary Administration

Available when the non-exempt estate is worth less than $75,000, or the decedent has been deceased more than two years. Governed by §735.201, F.S.

  • • Typically completed in 1–3 months
  • • No Personal Representative appointed
  • • Lower court costs and attorney fees
  • • Court order distributes assets directly

Comprehensive

Formal Administration

The standard Florida probate. Required for most estates worth more than $75,000 or those involving real estate sales, complex assets, or disputes.

  • • 6–12 months for a straightforward estate
  • • Personal Representative appointed and bonded
  • • Creditors have 3 months to file claims
  • • Required for most estates with real property

Probate and Trust Administration Services

Lauren represents Personal Representatives, Successor Trustees, and beneficiaries throughout Florida.

Personal Representative Representation

Step-by-step guidance through every Personal Representative duty: filing the petition, notifying creditors, inventorying assets, filing tax returns, and distributing the estate.

Summary Administration

Faster, lower-cost probate for estates qualifying under §735.201, F.S. — typically completed in 1–3 months.

Formal Administration

Full probate proceedings for estates that exceed Summary thresholds or involve real estate, contested issues, or creditor claims.

Successor Trustee Guidance

Helping trustees fulfill their fiduciary duties under Florida's Trust Code — beneficiary notices, accountings, and distribution.

Beneficiary Representation

Representing beneficiaries in estate or trust disputes — accountings, breach of fiduciary duty claims, and will/trust contests.

Ancillary Administration

Probate for non-Florida residents who owned Florida real estate, opened in addition to the primary state's probate.

How does the Florida probate process work?

01

Petition Filed

We file the petition for administration in the county where the decedent lived, along with the original will and death certificate.

02

Notice & Inventory

Notice is published to creditors, and the Personal Representative inventories estate assets within 60 days.

03

Claims & Debts

Creditors have 3 months to file claims. Valid claims, taxes, and administration expenses are paid from estate assets.

04

Distribution & Closing

After debts are paid and any disputes resolved, we distribute remaining assets to beneficiaries and close the estate.

Lauren handles probate cases across all 67 Florida counties. Most matters can be managed remotely — court appearances are rare in uncontested probate.

Florida Probate FAQ

What is probate in Florida?

Probate is the court-supervised process of identifying a deceased person's assets, paying debts and taxes, and distributing what remains to beneficiaries. In Florida, probate is governed by Chapters 731–735 of the Florida Statutes and overseen by the circuit court in the county where the decedent lived.

What is the difference between Summary and Formal Administration?

Summary Administration is a faster, simpler probate available when the estate (excluding exempt property and homestead) is worth less than $75,000, OR the decedent has been dead more than two years. Formal Administration is the standard probate for most estates — it requires a Personal Representative and typically takes 6–12 months or longer.

How long does probate take in Florida?

Summary Administration can be completed in 1–3 months. Formal Administration typically takes 6–12 months for a straightforward estate, and longer for estates with disputes, real estate sales, tax filings, or complex assets.

How much does probate cost in Florida?

Court filing fees range from $235 to $401. Attorney fees in Florida are presumed reasonable on a sliding scale: 3% of the first $1 million, 2.5% of the next $4 million, and 2% of the next $5 million. Personal Representative fees follow the same schedule. The client and attorney may agree to an attorney fee that is more or less than the statutory fee.

Does Florida require an attorney for probate?

Yes — with very limited exceptions. Florida Probate Rule 5.030 requires the Personal Representative to be represented by an attorney unless they are the sole interested person, or the estate qualifies for Disposition Without Administration. Even Summary Administration cases typically require counsel.

What does trust administration involve in Florida?

Trust administration is the process the successor trustee follows after the trustmaker dies: notifying beneficiaries, inventorying trust assets, paying debts and taxes, accounting to beneficiaries, and distributing assets per the trust. Florida's Trust Code (Chapter 736, F.S.) imposes specific duties — including timely notice to qualified beneficiaries within 60 days.

We Will Guide You Through.

Losing a loved one is hard. Sorting out their estate should not make it harder. Call for a free 15-minute consultation about your probate or trust administration matter.

The hiring of a lawyer is an important decision that should not be based solely upon advertisements. This web site is designed for general information only, and Lauren Richardson Law, PLLC and Lauren N. Richardson, Attorney at Law, does not offer any warranty or representation as to the site's accuracy or completeness. Every legal situation is unique and no information offered here should be used without the advice of an attorney regarding your specific situation. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Email or phone inquiries do not establish a lawyer/client relationship. No lawyer/client relationship is established until a retainer agreement is executed.