In the first 30 days of the Florida probate process, a family orders certified death certificates, locates the original will and deposits it with the clerk within 10 days, secures the home and vehicles, stops using the decedent’s accounts, and files a petition for administration so the court can appoint a personal representative.
This article is general information about Florida law. It is not legal advice, and reading it does not create an attorney-client relationship. Filing practices, local forms, and hearing schedules differ from county to county, and your actual deadlines depend on the facts of your case. Talk with a Florida probate attorney about your situation before you act.
Does every Florida estate have to go through probate?
No. Probate only reaches assets titled in the decedent’s name alone, with no surviving co-owner and no named beneficiary. Plenty of estates have little that qualifies. These usually pass outside probate:
- Joint accounts and property with survivorship rights.
- Payable-on-death and transfer-on-death accounts, life insurance, and retirement accounts with a living named beneficiary.
- Assets titled in a funded revocable living trust.
- Real estate that passed under a lady bird deed, which transfers on the owner’s death without a court case.
So before you worry about starting probate, work out what they owned and how each asset was titled.
What should you do in the first week?
Days 1 through 7 are about preserving things, not filing things. Five tasks matter.
- Order certified death certificates, more than you think you need. Each bank, insurer, and title company wants its own copy. The funeral home can usually order them for you. Order at least some short form death certificates, since those get used more often than the long form.
- Find the original will and deposit it with the clerk. Under Fla. Stat. 732.901, the custodian of a will must deposit it with the clerk of the court having venue within 10 days after receiving information that the testator has died. That is the “10-day rule” you may have seen. It binds whoever holds the will, whether or not anyone has opened a case, and a photocopy is no substitute for the signed original.
- Secure the property. Lock the house, collect the mail, move vehicles somewhere safe, and change nothing else. Do not sell or divide belongings, even the ones everybody agrees about.
- Stop using the accounts and cards. A power of attorney does not survive the person who signed it. Under Fla. Stat. 709.2109, a power of attorney terminates when the principal dies, and the agent’s authority ends with it. Until a judge issues letters of administration, no one has legal authority to spend the decedent’s money.
- Make a list. Bank statements, deeds, vehicle titles, insurance policies, the last tax return, and any bills still arriving. That list becomes the petition.
Is a bank account frozen when someone dies in Florida?
Usually, yes, for an account titled in the decedent’s name alone. Once a bank learns of the death, it typically restricts the account until someone presents court-issued letters of administration.
Joint accounts with survivorship rights and payable-on-death accounts behave differently. Those pass to the surviving owner or named beneficiary on a death certificate and identification, with no court involved.
The mistake we see most often is a family member who keeps using the debit card to cover the funeral or the mortgage, meaning well the whole time. That money belongs to the estate, and every dollar has to be accounted for to the court and to creditors. If cash flow is the problem, say so early. A call with a Florida probate attorney beats unwinding it later.
Which Florida probate track fits the estate?
Around day 7 to 14, once you know what the person owned, you can pick a track. Florida has three.
| Track | When it may apply | What the court does |
|---|---|---|
| Disposition without administration | The estate holds only exempt personal property plus non-exempt personal property worth no more than the preferred funeral expenses and the reasonable medical and hospital expenses of the last 60 days of the last illness (Fla. Stat. 735.301) | No administration, no formal proceeding |
| Summary administration | The entire estate subject to administration in Florida, less property exempt from creditors’ claims, does not exceed $150,000, or the decedent has been dead more than 2 years. A will, if there is one, must not direct administration under chapter 733 (Fla. Stat. 735.201) | Enters an order distributing the assets, with no ongoing personal representative |
| Formal administration | Everything else, and any estate needing someone with authority to sell property, run a business, or fight a claim | Admits the will, appoints a personal representative, issues letters |
One detail trips people up: the $150,000 figure is measured after subtracting property exempt from creditors’ claims, so a protected homestead is not simply added in. Summary administration is also not automatic. Someone has to petition for it, and the court decides.
What gets filed with the court by day 30?
Days 14 through 30 are the paperwork stretch. The case opens in the circuit court for the county where the decedent lived, and a formal administration opening usually includes:
- A petition for administration, filed with the original will and a certified death certificate.
- The proposed personal representative’s oath and a designation of a Florida resident agent.
- An order admitting the will to probate and letters of administration, the document banks and title companies ask to see.
- A notice of administration served on the spouse and beneficiaries, and a notice to creditors.
Two clocks start here. Under Fla. Stat. 733.212, an interested person served with the notice of administration has 3 months after the date of service to object to the validity of the will, the venue, or the court’s jurisdiction, and those objections are otherwise barred. Under Fla. Stat. 733.2121, the notice to creditors is published once a week for 2 consecutive weeks in a newspaper in the county where the estate is administered. Creditors then have until the later of 3 months after that first publication, or 30 days after service on them, to file a claim (Fla. Stat. 733.702).
Whether all of that lands inside 30 days depends on the county. Clerks and judges work on their own schedules, and a missing witness affidavit adds weeks. Treat 30 days as the goal, not the guarantee.
What comes after the first 30 days?
The creditor period is the long pole. It runs from that first publication, and the estate generally cannot be closed and distributed until it ends and claims are resolved.
The personal representative has a deadline of its own. Florida Probate Rule 5.340(a) requires an inventory within 60 days after issuance of letters, listing property with reasonable detail and its fair market value at the date of death, with protected homestead designated as such. The current rules are published by The Florida Bar.
Then comes the ordinary rhythm: paying valid claims, filing final tax returns, distributing what remains, closing the case. A straightforward formal administration commonly runs several months, and a will contest extends it well beyond that.
Do you need a lawyer for probate in Florida?
In most cases, yes, and it is a rule rather than a preference. Florida Probate Rule 5.030(a) requires every personal representative to be represented by an attorney admitted to practice in Florida, unless the personal representative remains the sole interested person or is a Florida attorney representing himself or herself. A single heir may fit that exception. A family with several beneficiaries does not.
Blakely S. Moore is a managing partner at PTM Trust and Estate Law, and he helps fiduciaries administer trusts and probate estates. The firm handles probate throughout Florida, all 67 counties, from its Gainesville office, and is happy to meet by phone or over Zoom if you are not in the Gainesville area. Florida Courts also publishes probate information for self-represented people.
Many families who finish a probate come back to write their own plan so their children skip it. Two of the most common tools are transfer-on-death and payable-on-death designations, and our estate planning practice covers the rest.
Frequently Asked Questions
What is the 10 day rule for probate in Florida?
Under Fla. Stat. 732.901, the custodian of a will must deposit the original with the clerk of the court having venue of the estate within 10 days after receiving information that the testator has died. It binds whoever holds the will, even if no one has opened a probate case.
Does every estate in Florida have to go through probate?
No. Probate reaches assets titled in the decedent’s name alone with no surviving co-owner and no named beneficiary. Joint accounts with survivorship, payable-on-death and transfer-on-death accounts, life insurance and retirement accounts with a living beneficiary, assets in a funded revocable trust, and property passed by lady bird deed transfer outside probate.
How long does probate normally take in Florida?
It depends on the track. Summary administration is the faster path for estates that qualify. Formal administration is longer, partly because creditors have until the later of 3 months after first publication of the notice to creditors, or 30 days after service on them, to file claims under Fla. Stat. 733.702.
Can you go through probate without a lawyer in Florida?
Rarely. Florida Probate Rule 5.030(a) requires a personal representative to be represented by a Florida attorney unless the personal representative remains the sole interested person, or is a Florida attorney representing himself or herself. If more than one person has an interest, the exception does not apply.
Can you handle a Florida probate if the heirs live out of state?
Yes. Florida property owned by someone who died a resident of another state still has to go through the Florida probate process, and PTM works with out-of-state clients on those cases. Meetings can happen by phone or over Zoom if you are not in the Gainesville area.
Talk to a Florida probate attorney
If someone you love died recently and you are staring at a pile of mail with no idea which envelope matters, a short conversation will sort it out. We will tell you which probate track your situation likely fits, what has to happen this month, and whether you need us.
You talk with the attorney on the consultation itself, not only an intake service. We work statewide and typically charge flat fees for our work.
Call (352) 554-5576 or schedule your free 30-minute consultation, by phone or in person. You can also contact PTM online, or read how we handle Florida probate administration.