The Florida Probate Code
Florida's probate laws are organized into five chapters of the Florida Statutes:
| Chapter | Subject | Key Topics |
|---|---|---|
| 731 | General Provisions | Definitions, venue, jurisdiction, effect of homicide on inheritance |
| 732 | Intestate Succession; Wills | Who inherits without a will, will requirements, revocation, elective share |
| 733 | Administration of Estates | Formal administration, personal representative duties, creditor claims, distribution |
| 734 | Foreign Personal Representatives | Ancillary administration for out-of-state decedents |
| 735 | Summary Administration | Simplified probate for smaller estates ($75,000 or less) |
Key Florida Probate Rules
In addition to the statutes, the Florida Probate Rules (adopted by the Florida Supreme Court) establish the procedural requirements for probate cases:
- Will deposit: The original will must be deposited with the clerk of court within 10 days of the testator's death.
- Notice to Creditors: A formal Notice to Creditors must be published in a newspaper of general circulation in the county where probate is filed.
- Creditor claim period: Creditors have 3 months from publication (or 30 days from direct notice) to file claims against the estate.
- Inventory: The personal representative must file an inventory of estate assets within 60 days of appointment.
- Accounting: A final accounting must be filed before the estate can be closed and the personal representative discharged.
Who Can Serve as Personal Representative
Florida Statute 733.302 and 733.303 set eligibility requirements for personal representatives:
- Must be at least 18 years old
- Must be mentally and physically capable of performing the duties
- Cannot be a convicted felon (with limited exceptions)
- If not a Florida resident, must be a spouse, sibling, parent, child, or other close relative of the decedent
Learn more: What Is a Personal Representative in Florida Probate?
Intestate Succession Rules
When someone dies without a will, Chapter 732 determines who inherits. The distribution depends on whether the decedent was married and whether they had children:
- Surviving spouse, no children: Spouse inherits the entire estate
- Surviving spouse with children (all from the marriage): Spouse inherits the entire estate
- Surviving spouse with children from a prior relationship: Spouse receives half, children receive half
- No surviving spouse: Children inherit equally
- No spouse or children: Parents, then siblings, then more distant relatives
Full details: What Happens If You Die Without a Will in Florida?
Florida Homestead and Probate
Florida's homestead laws have a significant impact on probate. The homestead property receives special protections under Article X, Section 4 of the Florida Constitution:
- Homestead property is exempt from creditor claims (except for mortgages, taxes, and mechanics' liens)
- Homestead cannot be devised by will if the owner is survived by a spouse or minor child, with limited exceptions
- Homestead is excluded from the $75,000 threshold for summary administration
Related: Florida Homestead Exemption
Probate Attorney Fees Under Florida Law
Florida Statute 733.6171 provides a framework for reasonable attorney fees in probate, based on the compensable value of the estate. While the statute provides a guideline, actual fees are subject to court approval and can be structured as flat fees, hourly rates, or statutory percentages. See: How Much Does Probate Cost in Florida?
Recent Changes to Florida Probate Law
Florida's probate statutes are updated periodically by the state legislature. Barnes Walker's attorneys stay current with all legislative changes. Our partner Jeffrey S. Goethe serves on the Florida Probate Rules Committee and contributes to ongoing revisions of probate practice standards.
For guidance on how Florida probate laws apply to your situation, contact our probate team or call (941) 778-7721.