After a parent dies, most families ask the same two questions: how long will probate take, and what will it cost? The answers depend on choices the parent made years earlier, and on how much the family knows about where the money sits.
A Will Decides Who Inherits and Who Takes Charge
Without a will or trust, Florida law picks the heirs. For a single person with no children, that means parents first, then siblings, nieces, and nephews, whether or not the person was close to any of them. A will lets someone leave assets to a friend, a charity, or anyone else they choose.
The same document names the personal representative. Florida allows a relative to serve from any state, but a non-relative must live in Florida, so a friend in Columbus, Ohio, can’t serve. When there’s no will and several relatives share priority, the family has to petition the court, which adds filings and time.
Summary Probate Has a $150,000 Ceiling
Summary probate covers estates with $150,000 or less in probate assets, and it typically takes three to six months. That limit sounds low until homestead enters the picture. A primary residence left to qualifying heirs is exempt under the Florida Constitution and stays out of the probate estate. Take a parent with $100,000 in cash, a $20,000 car, and a $400,000 home. Counting household items at garage-sale value, the probate estate comes to roughly $125,000.
Summary probate has one catch. The estate must pay known creditors in full, so a negotiated discount rarely holds once the creditor sees the estate can cover the whole bill.
Missing Assets Cost Real Money
Paper statements used to tell families where every account was. Now most seniors bank online, and their statements land in an email inbox nobody can open. John Marshall’s firm has amended one summary probate filing three times because the family kept finding new accounts. Each amendment meant new drafting, new service on every beneficiary, and fresh creditor claims. His firm now waits two to three months after a death before filing.
Formal Probate Runs Nine to Twelve Months
Formal probate applies to estates above $150,000, or to estates where nobody knows what exists, and it moves in four phases. First the court appoints a personal representative, which takes one to four months, or longer if an out-of-state will lacks Florida’s self-proving affidavit. The creditor phase lasts at least four months. Then the estate pays claims, which can often be negotiated down, and finally closes. A beneficiary who demands a full accounting and files an objection can add months more.
Sometimes Waiting Pays
Florida bars creditor claims two years after death. When debts approach the size of an estate, waiting out that window can leave everything to the family instead of the creditors.
Planning Shapes the Outcome
A trust avoids probate altogether, but for an estate between $150,000 and $200,000, a will paired with good records often makes more sense. The cheapest probate belongs to the family that knows where every account is and how to log in.
If you want to learn more about Trust me, It’s Complicated, check out https://www.marshalllawpa.com/podcast