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Florida probate · Dying without a will

Dying without a will in Florida: intestate succession & what happens

With no will, Florida's intestate succession statute determines the heirs and the personal representative is appointed by the court. Formal administration still requires an attorney; Kindred handles the administration and coordinates that attorney.

Common questions

Do I need a lawyer for probate in Florida?

Usually yes. Florida rules require a personal representative in a formal administration to be represented by a licensed attorney (unless they're the sole interested person). Kindred handles the administrative work and coordinates a fixed-price attorney for the legal part, so you get one predictable price. Kindred is not a law firm.

What is summary administration in Florida?

It's Florida's simplified, faster probate. It's available when the non-exempt estate is $75,000 or less, or when the person has been dead more than two years. No personal representative is appointed and the court distributes assets by order — often in 1 to 3 months. We can tell you whether you qualify and prepare the paperwork.

How long does probate take in Florida?

Summary administration can take 1 to 3 months. Formal administration typically runs 6 to 12 months, mostly because creditors get 3 months from publication of the notice to creditors to file claims. The will must be deposited with the clerk within 10 days of learning of the death.

How much does probate cost in Florida?

Florida sets presumed reasonable attorney fees by statute (for example, a presumed 3% of the first $1,000,000 for ordinary services), plus about $400 in court filing fees and publication costs. Summary administration costs far less than formal administration. These are illustrative; actual costs vary by estate.

More on Florida probate

Last verified June 2026. Figures are illustrative and vary by estate — not a quote or legal advice. Kindred is not a law firm and does not provide legal advice; we handle the administrative work and coordinate an independent attorney where one is legally required.

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