How to File Probate in Florida Without an Attorney

You can file probate in Florida without an attorney only in narrow circumstances: when the estate qualifies for summary administration (non-exempt assets of $75,000 or less, or the decedent has been dead more than two years) or for disposition of personal property without administration (an even smaller estate with no real estate). For anything larger, Florida Probate Rule 5.030 requires the personal representative to be represented by a lawyer.¹ The rule makes one exception: a person who is the sole interested party in the estate — the only beneficiary, with no outstanding creditors — may proceed without counsel. That situation is uncommon.

First, Check Whether Probate Is Even Needed

Before filing anything, look at what the decedent actually owned and how it was titled. Several common asset types pass directly to a survivor or named beneficiary and never touch the probate court.

Bank accounts, brokerage accounts, or real estate held as joint tenants with right of survivorship transfer automatically to the surviving owner.
Life insurance, IRAs, 401(k)s, and payable-on-death or transfer-on-death accounts go to the named beneficiary directly.
Assets titled in a revocable living trust pass under the trust terms, not through probate.
Florida homestead property has constitutional protections and may pass to a surviving spouse or descendants outside ordinary probate distribution, though a court proceeding to confirm homestead status is common.

If everything the decedent owned falls into one of these categories, you may not need to open a probate case at all. Probate becomes necessary when the decedent held assets solely in their own name with no beneficiary designation or survivorship arrangement.

Disposition of Personal Property Without Administration

This is the simplest path and it is not technically probate. It is a court-authorized release of a very small estate’s personal property. Florida Statute 735.301 makes it available when the estate contains only personal property (no real estate) and the non-exempt property is worth no more than the combined total of preferred funeral expenses and reasonable medical and hospital bills from the last 60 days of the decedent’s final illness.²

In practice, the process reimburses whoever paid those final expenses. You submit an informal application (an affidavit or letter) to the court. If the judge is satisfied the estate qualifies, the court issues an authorization letter under its seal directing banks or other institutions to release the decedent’s property to those entitled to it.

The eligibility calculation hinges on the term “exempt property.” Under Florida Statute 732.402, exempt property includes household furniture, furnishings, and appliances in the decedent’s usual home up to a net value of $20,000; two motor vehicles held in the decedent’s name and regularly used by the decedent or immediate family, provided neither exceeds 15,000 pounds gross weight; and qualified tuition programs such as Florida Prepaid College contracts.³ When you calculate whether the estate qualifies, you exclude these exempt assets. Only the remaining non-exempt personal property has to fit within the funeral-and-medical-expense ceiling.

This option fits a narrow situation: a decedent with modest belongings, a small bank account, no real estate titled in their name alone, and someone who already paid the funeral home and final medical bills. If the estate includes any real property or non-exempt assets exceeding those final expenses, this method is not available.

Summary Administration

Summary administration is the more common route for handling a Florida estate without a lawyer. It is a real probate proceeding, but a streamlined one. Florida Statute 735.201 makes it available in two situations: when the estate’s non-exempt assets total $75,000 or less, or when the decedent has been dead for more than two years.⁴ If the decedent has been dead more than two years, the $75,000 cap does not apply.

Exempt property under 732.402 does not count toward the $75,000 threshold, and neither does homestead property.⁵ Unlike formal administration, the court does not appoint a personal representative in summary administration. Instead, the court issues an order directing who receives what. That distinction matters, because without a personal representative managing the process, the responsibility for getting everything right falls squarely on whoever files the petition.

The Creditor Obligation You Cannot Skip

This is where filers without a lawyer most often run into trouble. Before the court will enter an order of summary administration, the petitioner must conduct a diligent search and reasonable inquiry for any known or reasonably ascertainable creditors, serve a copy of the petition on those creditors, and make provision for paying them out of available assets.⁶ If the decedent has been dead less than two years, this step is especially important because creditor claims have not yet expired.

Skipping or half-heartedly performing the creditor search creates real risk. Any known or reasonably ascertainable creditor who did not receive notice and was not provided for can pursue a claim against the people who received estate assets, and a creditor who prevails is also entitled to reasonable attorney’s fees. Each person who received property under the summary administration order is personally liable for their proportional share of legitimate claims, up to the value of what they received.⁶

A diligent search means more than checking the mail. Go through the decedent’s financial records, look for outstanding bills, review bank statements for recurring payments to creditors, and check for collection letters or legal correspondence. If you find creditors, serve them with the petition and either pay the debt from estate funds or explain in the petition how you plan to address it.

Who Has to Sign the Petition

The petition must generally be signed by the surviving spouse (if any) and the beneficiaries. A beneficiary who will receive their full share under the proposed distribution is not required to join in or consent, but any beneficiary who does not join must receive formal notice of the filing.⁷ If a beneficiary who should have joined is deceased, a minor, or incapacitated, their guardian, personal representative, or heir may sign on their behalf.

Cooperation among beneficiaries matters. If one objects to the proposed distribution or refuses to participate, the process stalls. Summary administration works best when everyone agrees on how the assets should be divided.

Documents to Gather Before You File

Assemble everything before going to the clerk’s office. Missing one item usually means a return trip.

Certified copy of the death certificate from the Florida Department of Health or the county vital records office. A certified copy costs around $5 for the first copy and $4 for additional copies, though fees can change. Order two or three, because banks and other institutions often require their own.
The original will, if one exists. Florida law requires whoever has custody of the original to deposit it with the clerk of court in the county where the decedent lived within 10 days of learning of the death, along with the decedent’s date of death or the last four digits of their Social Security number.⁸
An asset inventory listing every asset in the decedent’s name, including bank account numbers, institution names and addresses, and exact balances as of the date of death. Include VINs and approximate values for vehicles, and date-of-death statements for investment accounts.
A list of beneficiaries and heirs with full legal names, addresses, and relationships to the decedent. If there is no will, list all heirs under Florida’s intestate succession rules.
For disposition without administration only: paid receipts for funeral expenses and any medical or hospital bills from the last 60 days of the decedent’s final illness.²

One boundary to know if you live out of state: Florida restricts who can serve as personal representative from outside Florida. A non-resident qualifies only as a blood relative of the decedent (parent, child, grandchild, sibling, uncle, aunt, nephew, or niece), a spouse of the decedent, or a spouse of someone who would otherwise qualify.⁹ A close friend or business partner living out of state cannot serve.

Where to File and What It Costs

File the petition with the Clerk of the Circuit Court in the county where the decedent was domiciled at death. If the decedent was not a Florida resident but owned property in the state, file in the county where the property is located.¹⁰

At the clerk’s office, present the completed petition (either Petition for Disposition of Personal Property Without Administration or Petition for Summary Administration) with all supporting documents. Many Florida counties post the forms on the clerk of court’s website, and several circuits publish step-by-step instruction packets. The clerk reviews the filing for completeness and has you sign any required oaths before a deputy clerk or notary.

Statewide filing fees:

Disposition of personal property without administration: $231
Summary administration for estates valued at $1,000 or less: $235
Summary administration for estates valued over $1,000: $345

Fees are paid to the clerk at filing.¹¹ Budget for a few smaller costs too: certified copies of court orders (usually a few dollars per page) and notarization if your documents were not already notarized.

After You File

The clerk assigns a case number that you use for all future interactions with the court. A judge then reviews the petition. For disposition without administration, the judge may issue the authorization letter relatively quickly if the paperwork is straightforward. For summary administration, expect the judge to verify that creditor obligations have been addressed before signing.

Once the judge signs the order, you receive a certified copy that serves as your legal authority to collect and distribute the estate’s assets. Banks, title companies, and other institutions will require this order before releasing funds or transferring property. Summary administration cases that face no creditor disputes or beneficiary objections are commonly resolved within one to three months from filing.

Tax Filings You Still Have to Handle

Probate does not address the decedent’s tax responsibilities. Those are separate obligations that fall on whoever is managing the estate, and missing them can trigger IRS penalties.

Someone needs to file the decedent’s final Form 1040 covering January 1 through the date of death. The IRS treats this return the same as any other individual return, reporting income earned up to the death date and claiming eligible deductions and credits.¹² If a refund is due, submit Form 1310 (Statement of Person Claiming Refund Due a Deceased Taxpayer) with the return. Any unfiled prior-year returns also need to be filed.

If the estate itself earns $600 or more in gross income after the date of death (from interest, dividends, rental income, or similar sources), the estate must file Form 1041.¹³ Even in small estates, a few months of accumulated interest or a final dividend payment can cross that $600 line. The amounts sound trivial but the filing requirement is firm.

Florida does not impose its own estate tax, and the federal estate tax exemption is high enough that estates small enough to qualify for summary administration are effectively never subject to it.¹⁴

When to Hire an Attorney Anyway

Being legally allowed to file without a lawyer is not the same as being wise to. A few situations make professional help worth the cost even for small estates.

Disputes among beneficiaries. If family members disagree about who should receive what, a judge is not going to sort that out from a self-prepared petition. Contested distributions almost always require formal administration and legal representation.
Uncertain creditor situations. If the decedent had significant debts you cannot fully identify, the personal liability described above makes professional guidance valuable. An attorney can structure the creditor search and notification to protect you.
Real property in the estate. If the decedent owned real estate solely in their name and it does not qualify as homestead passing outside probate, disposition without administration is not available at all, and summary administration involving real property complicates the title transfer.
Out-of-state assets. Property in other states may require ancillary probate proceedings in those jurisdictions, each with its own rules.

Florida probate attorneys often offer flat-fee arrangements for summary administration, and many provide free initial consultations. If you are unsure whether the estate qualifies for simplified treatment, a short conversation with an attorney can save months of wasted effort filing the wrong type of petition.

1
Florida Courts. Florida Probate Rules – Rule 5.030
2
Official Internet Site of the Florida Legislature. Florida Statutes 735.301 – Disposition Without Administration
3
Florida Senate. Florida Statutes 732.402 – Exempt Property
4
Florida Statutes. Florida Statutes 735 – Summary Administration
5
Eleventh Judicial Circuit Court of Florida. Summary Administration Instructions (Intestate)
6
Official Internet Site of the Florida Legislature. Florida Statutes 735.206 – Summary Administration Proceedings
7
Justia. Florida Code 735.209 – Joinder of Heirs, Devisees, or Surviving Spouse in Summary Administration
8
Florida Senate. Florida Statutes 732.901 – Production of Wills
9
Official Internet Site of the Florida Legislature. Florida Statutes 733.304 – Nonresidents
10
The Florida Legislature. Florida Statutes 733.101 – Venue of Probate Proceedings
11
Orange County Clerk of Courts. Probate Filing Fees
12
Internal Revenue Service. File the Final Income Tax Returns of a Deceased Person
13
Internal Revenue Service. 2025 Instructions for Form 1041
14
Internal Revenue Service. Whats New – Estate and Gift Tax