By Attorney Season A. Chisholm, Spanski Law, PLLC · Last reviewed September 15, 2026
The short answer
Probate is the Florida court process that transfers property after death when the person owned it in their name alone. Smaller estates, generally $150,000 or less not counting exempt property (raised from $75,000 on July 1, 2026), and estates of people who died more than two years earlier can often use summary administration, which usually takes one to three months. Most other estates use formal administration, which usually takes six to twelve months, including a three-month period for creditors to file claims. The case is filed with the Clerk of the Circuit Court in the county where the person lived, which is Sarasota County for Venice and most of the surrounding area. Spanski Law handles uncontested probate in any Florida county.
Key facts
- Where the case is filed
- The county where the person lived: Sarasota County for most Venice residents, and Spanski Law files in any Florida county
- Summary administration
- Generally $150,000 or less (raised from $75,000 on July 1, 2026), or a death more than two years ago. Usually one to three months
- Formal administration
- Usually six to twelve months
- Creditor claim period
- Three months after the notice to creditors is first published
- Inventory
- Due within 60 days after letters of administration are issued
- Original will
- Deposited with the clerk within 10 days of learning of the death
- Attorney required?
- Generally, yes, for the personal representative in formal administration
What is probate?
Probate is the court-supervised process of proving a will, paying valid debts and expenses, and transferring a person's property to the people entitled to receive it.
When there is a will, the court confirms it and appoints the personal representative it names, if that person qualifies. A personal representative, called an executor in many other states, is the person who settles the estate. When there is no will, Florida's intestacy laws, the rules for estates without a will, decide who inherits, and the court appoints a personal representative according to the order of priority set by law.
When is probate required in Florida?
Probate is generally required when a person dies owning property in their name alone, with no beneficiary designation, surviving joint owner, or trust to pass it.
These assets generally pass outside probate:
- Life insurance, retirement accounts, and annuities with a living named beneficiary.
- Payable-on-death and transfer-on-death accounts.
- Property owned jointly with rights of survivorship, including property married couples own as tenants by the entirety, a form of joint ownership available only to spouses.
- Assets held in a funded revocable trust.
- A home transferred by a Lady Bird deed.
A Florida homestead that passes to heirs usually still needs a court order confirming its homestead status before it can be sold or refinanced. Very small estates made up only of exempt property and funds needed for funeral and final medical expenses can sometimes be released without an administration.
What is the difference between summary and formal administration?
Summary administration is a shorter process for smaller estates and for estates of people who died more than two years ago, and no personal representative is appointed. Formal administration is the standard process, with a personal representative, a creditor notice, and an inventory.
- Summary administration is generally available when the estate subject to probate, not counting exempt property, is worth $150,000 or less, or when the person died more than two years ago. Florida raised this limit from $75,000 to $150,000 on July 1, 2026. If the person died before that date, confirm which limit applies to the estate. The court enters an order directing who receives the property, and cases usually conclude within one to three months.
- Formal administration is used for most other estates. The court appoints a personal representative, creditors are notified, an inventory is filed, and the estate is distributed and closed. Uncontested cases usually take six to twelve months.
What are the steps in a Florida formal administration?
An uncontested formal administration generally moves from filing the will and petitioning the court, through notices, the inventory, and paying claims, to distribution and the court's discharge of the personal representative.
File the original will
The original will is deposited with the clerk within 10 days of learning of the death.
Petition for administration
The petition asks the court to admit the will and appoint the personal representative.
Letters of administration
The court issues letters that give the personal representative authority to act for the estate.
Notice of administration
The notice is served on the beneficiaries and the surviving spouse.
Notice to creditors
The notice is published in a local newspaper and served on known creditors. Most claims must be filed within three months after the first publication.
Inventory
The personal representative files an inventory of the estate's assets within 60 days after letters are issued.
Homestead determination
If the person owned a Florida home, the court is usually asked to determine whether it is protected homestead.
Claims, expenses, and taxes
Valid claims and expenses are paid, improper claims are objected to, and final tax returns are filed.
Accounting and distribution
The personal representative accounts for the estate, distributes the remaining property, and collects receipts.
Discharge
The court discharges the personal representative and closes the estate.
How long does probate take in Florida?
Summary administration usually takes one to three months, and uncontested formal administration usually takes six to twelve months.
The creditor period alone lasts three months. Estates with real estate to sell, tax filings, or relatives who are hard to locate may take longer. Creditors' claims are generally barred two years after the date of death, whether or not a probate case was opened.
Which court handles probate for Venice, North Port, and Port Charlotte?
Probate is filed with the Clerk of the Circuit Court in the county where the person lived. That is Sarasota County for Venice, Nokomis, Osprey, Sarasota, and North Port, and Charlotte County for Port Charlotte, Punta Gorda, and the Charlotte County part of Englewood.
Most filings are made electronically, and family members who live elsewhere can usually take part by phone, email, and mail.
Who can serve as personal representative in Florida?
A personal representative must be an adult who is a Florida resident or, if not a resident, a qualifying relative, such as a spouse, child, parent, sibling, aunt, uncle, niece, or nephew.
A person who has been convicted of a felony, or who is not mentally or physically able to perform the duties, cannot serve. If the person named in the will cannot serve, the court appoints someone else according to Florida's order of priority.
What rights does a surviving spouse have in Florida probate?
Depending on the circumstances, a surviving spouse may be entitled to homestead rights, exempt property, a family allowance, and the elective share.
- Homestead rights, including a life estate (the right to live in and use the home for life) or a one-half interest in the home when it was not left as Florida law allows.
- Exempt property, including household furniture and appliances up to a value of $20,000 and up to two vehicles regularly used by the family.
- A family allowance of up to $18,000 for support during the administration.
- The elective share of 30 percent of the elective estate, which must be claimed within the time the law allows.
Do you need a lawyer for probate in Florida?
In a formal administration, Florida generally requires the personal representative to be represented by an attorney, and most families also use one for summary administration.
Spanski Law handles uncontested probate, in which the beneficiaries agree and no one is challenging the will. The fee is estimated in writing before anything is filed with the court.
Common questions
Can a house be sold during probate in Florida?
Often, yes. A personal representative may sell estate real estate under a power of sale in the will or with court approval. A protected homestead passes outside the estate, so it is usually sold by the heirs after the court determines its homestead status.
Are probate records public in Florida?
The court file, including the will, is generally a public record. The inventory of the estate's assets, however, is available only to the personal representative, the attorney, and interested persons.
What if a creditor files a claim?
The personal representative reviews each claim. Valid claims are paid in the order of priority Florida law sets, and a claim that should not be paid can be objected to within the time the rules allow.
What if the person owned property in another state?
Real estate in another state usually requires a separate probate case in that state, called ancillary administration, unless it was held in a trust or passes by another method outside probate.
Learn more
General information about Florida law as of the date this guide was last reviewed. It is not legal advice and is not a substitute for a conversation about your own circumstances.
Questions about your own situation?
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