Short answer. Whoever has the original will must deposit it with the clerk within 10 days of learning of the death. Estates of $150,000 or less in Florida (not counting exempt property), or where the person died more than 2 years ago, may use summary administration; the limit rose from $75,000 on July 1, 2026. In a full administration, creditors have 3 months from the first published notice, and all claims are barred 2 years after death. Florida's estate tax ended for deaths after 2004.
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The first 10 steps
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Work out the Florida dates
Enter the date of death to see the Florida dates.
The Florida rules behind the steps
| Rule | What it says | Statute |
|---|---|---|
| Will deposit | Within 10 days after learning the testator died | 732.901 |
| Summary administration | Estate in Florida less exempt property not over $150,000, or dead more than 2 years; the will doesn't direct administration under ch. 733 | 735.201 (2026) |
| Creditor claims | Later of 3 months after first publication or 30 days after service | 733.702 |
| Outer limit | Claims barred 2 years after death | 733.710 |
The $150,000 limit took effect July 1, 2026 (CS/HB 1337, ch. 2026-57; it was $75,000). The same law raised the refund a spouse or child can claim without administration to $5,000 and the amount a bank can pay a family member by affidavit to $2,000 (Senate bill summary).
Taxes
"A federal change eliminated Florida's estate tax on people who died after December 31, 2004," and since July 1, 2023 personal representatives don't file the DR-312 affidavit (Florida Department of Revenue). That page doesn't describe an inheritance tax; check floridarevenue.com if you have a question about one.
Official sources
- Florida Statutes s. 732.901, production of wills
- Florida Statutes (2026) s. 735.201, summary administration
- Florida Senate: CS/HB 1337 (2026) bill summary
- Florida Statutes s. 733.702, limitations on presentation of claims
- Florida Statutes s. 733.710, claims barred after 2 years
- 15th Judicial Circuit (Palm Beach): Testate summary administration packet, July 2026 (PDF)
- Florida Department of Revenue: Florida Estate Tax
- Social Security Administration: When someone dies
- IRS: Deceased taxpayers, filing the estate income tax return (Form 1041)
Checked November 2026.
General information checked November 2026 against the official sources above. It is an organizer, not legal, tax or financial advice, and it doesn't decide which procedure fits your estate: the court and your attorney do. MCC Solutions is not affiliated with any court or state agency. The date tool runs in your browser, and nothing you enter is sent or saved.
Common questions
How much can go through summary administration in Florida?
Up to $150,000 of the estate subject to administration in Florida, less exempt property, or any amount if the person has been dead more than 2 years. The limit was $75,000 before July 1, 2026.
How soon must the will be filed in Florida?
The person holding it must deposit it with the clerk within 10 days after learning of the death (s. 732.901).
How long do creditors have in Florida?
In a full administration, until the later of 3 months after the notice to creditors is first published or 30 days after service on a creditor who must be served. All claims are barred 2 years after death.
Does Florida have an estate tax?
No, for deaths after December 31, 2004, per the Department of Revenue. The DR-312 affidavit hasn't been required since July 1, 2023.
Do I need a lawyer for Florida probate?
Ask the clerk. The Palm Beach court's packet is written for people filing on their own, but rules differ by case type.
Other states: New York · Pennsylvania · California · Texas · New Jersey
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