How Probate Works in Florida
A plain-English guide to Florida probate: the types (formal, summary, disposition without administration), the step-by-step timeline, how long it takes, and what happens to real estate.
Updated July 2, 2026 · 7 min read
Quick answer
What is probate?
Probate is how Florida courts transfer a deceased person’s assets to their heirs. The court validates the will (if there is one), appoints someone to manage the estate, ensures debts and taxes are paid, and then distributes what’s left. It’s handled by the Circuit Court’s probate division in the county where the person lived — in Tampa, that’s the Thirteenth Judicial Circuit.
The three types of Florida probate
1. Formal administration
The standard, full process for most estates. The court appoints a personal representative (executor) who receives “letters of administration” — the legal authority to act for the estate, including selling real estate.
2. Summary administration
A faster, simplified path available when the estate is worth $75,000 or less (excluding exempt property), or when the person died more than two years ago. No personal representative is appointed.
3. Disposition without administration
A limited option for very small estates where assets only cover final expenses. It’s essentially a reimbursement process, not a full case.
The probate timeline, step by step
- A petition is filed with the Clerk of Court to open the estate.
- The court appoints the personal representative and issues letters of administration.
- Creditors are notified and given a window (generally three months) to file claims.
- Assets are inventoried and valued; debts, taxes, and expenses are paid.
- Remaining assets — including real estate proceeds — are distributed to heirs, and the estate is closed.
How long does Florida probate take?
- Formal administration: about 6–12 months, longer if contested.
- Summary administration: often a few weeks to a few months.
What happens to real estate during probate?
The estate’s property doesn’t freeze. Once appointed, the personal representative can typically list and sell real estate to pay debts or distribute value — sometimes with court approval or beneficiary consent. This is why probate properties frequently come to market as motivated, off-market sales. To find them, see Probate Properties in Hillsborough County or learn to search probate records yourself.
Inherited a home and deciding what to do? Read Selling an Inherited House in Hillsborough County.
This guide is general information for real estate investors and property owners, not legal, tax, or financial advice. Court procedures, fees, and statutes change — verify current details with the Hillsborough County Clerk of Circuit Court or a licensed Florida attorney before acting.
Frequently asked questions
How long does probate take in Florida?
Formal administration usually takes about 6 to 12 months, and longer if the estate is contested or complex. Summary administration is faster — often a few weeks to a few months — because it skips appointing a personal representative.
What are the types of probate in Florida?
Florida has three main paths: formal administration (the full process, used for most estates), summary administration (for estates of $75,000 or less, or when the person died more than two years ago), and disposition without administration (a limited option for very small estates).
Do all estates go through probate in Florida?
No. Assets that pass by beneficiary designation or survivorship — such as living-trust property, jointly owned real estate, payable-on-death accounts, and life insurance — generally avoid probate.
Can you sell a house during probate in Florida?
Yes. The personal representative can usually sell estate real estate once appointed, though some sales require court approval or the consent of beneficiaries depending on the will and circumstances.