Administrative guidance only. This guide provides general information about estate administration in Florida. Laws change frequently. Consult a licensed Florida estate attorney for legal advice specific to your situation.
Florida-specific probate rules
Florida has two simplified probate procedures: 'Summary Administration' for estates under $75,000 (or when the deceased has been dead more than 2 years), and 'Disposition without Administration' for very small estates covering only funeral costs and final medical bills.
Key facts for Florida estates
- Summary Administration available for estates under $75,000 or when deceased has been dead 2+ years
- Florida is NOT a community property state — marital property rules differ from TX and CA
- Florida homestead law is one of the strongest in the US — surviving spouse has strong protections
- No Florida state estate tax — only federal estate tax applies
- Florida requires a 3-month creditor notice period in most probate cases
- Personal representative (Florida's term for executor) must be Florida resident or close relative
Your urgent Florida-specific tasks
- File for probate in the circuit court of the county where the deceased lived
- File final Florida income tax return (Florida has no state income tax)
- Search Florida unclaimed property at myfloridacfo.com/division/uf
- Notify Florida DHSMV of death — title transfer uses Form HSMV 82040
- If homestead property exists, file for homestead determination early — this affects distribution
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