Can I File Probate Myself in Florida? (DIY Guide)

Losing a loved one is never easy, and dealing with their estate can feel overwhelming. If you’re wondering whether you can handle probate on your own in Florida, the short answer is yes—but it’s not always simple.

The process involves legal paperwork, deadlines, and responsibilities that can quickly become complicated, depending on the size and structure of the estate.

At the Law Office of Cameron H.P. White, P.A., we understand how important it is to get probate right. This guide walks you through the basics of filing probate yourself in Florida, including the steps involved and when you might need legal help.

How to File Probate Yourself in Florida: A Step-by-Step Guide

Handling probate on your own means taking on all the responsibilities of an executor (or “personal representative” in Florida). Here’s what the process looks like:

1. Determine the Type of Probate You Need

Not all estates go through the same probate process. Florida has three main types:

Disposition Without Administration

This is the simplest option and applies to very small estates.

If the deceased’s only remaining assets are minimal (typically under $6,000) and are meant to cover funeral expenses or medical bills from the last 60 days of life, you may not need to go through full probate.

Eligibility requirements include:

• No real estate
• Only small amounts of personal property
• Assets used to pay off final expenses

Since this option avoids court supervision, it’s a quicker and more affordable way to transfer minimal assets.

Summary Administration

This is a simplified probate process available for estates valued at $75,000 or less (not including exempt property). If the deceased has been gone for more than two years, there is no limit on estate value.

Eligibility requirements include:

• No real estate OR only a homestead property (primary residence) left to a spouse or minor children
• Estate value below $75,000 (unless death occurred over two years ago)

You’ll need to file a petition with the court, including an affidavit listing assets and beneficiaries. While it’s more involved than disposition without administration, it’s still faster than full probate.

Formal Administration

This is the full probate process required for larger or more complicated estates. It involves court supervision, multiple filings, and a longer timeline.

This type of probate is required when:

• The estate includes real estate that isn’t a homestead
• Assets exceed $75,000, and the person passed away less than two years ago
• There are disputes among beneficiaries or creditors
• The will is unclear, missing, or contested

Formal administration requires filing detailed paperwork, attending hearings, and handling estate debts before distributing assets.

2. Obtain the Death Certificate and Locate the Will

To start probate, you’ll need multiple certified copies of the death certificate. Many institutions—such as banks and insurance companies—require one before they release assets.

You can get these through the Florida Department of Health or the funeral home.

If the deceased had a will, the original document must be filed with the court. If no will exists, the estate will be handled under Florida’s intestacy laws, which determine who inherits based on legal priority (usually starting with the spouse and children).

3. Identify Heirs and Beneficiaries

Florida law makes a distinction between:

• Heirs – Those entitled to inherit under state law when no will exists
• Beneficiaries – Those named in the will to receive specific assets

All heirs and beneficiaries must be notified about the probate case. If someone cannot be located, additional legal steps may be required to ensure proper notification.

4. File a Petition for Probate

To officially start the probate process, you’ll need to file a petition with the circuit court in the county where the deceased lived. The petition includes:

• The will (if applicable)
• A list of heirs or beneficiaries
• An estimate of the estate’s value
• A request to appoint a personal representative (executor)

There are court filing fees (typically between $300–$400), and additional documents may be required depending on the case.

5. Notify Creditors and Interested Parties

Florida law requires that creditors have a chance to file claims against the estate. This is done by:

• Sending direct notices to known creditors
• Publishing a “Notice to Creditors” in a local newspaper

Creditors typically have 90 days to make claims. If debts are not properly handled, the personal representative could be held responsible for unpaid obligations.

6. Inventory and Appraise Estate Assets

All probate cases require a detailed inventory of assets. This includes:

• Bank accounts
• Real estate
• Personal belongings (vehicles, jewelry, collectibles)
• Stocks, bonds, and retirement accounts

Some assets may need professional appraisal to determine their value, especially if taxes or debts must be settled before distribution.

7. Manage and Settle Debts and Taxes

Before distributing assets, any valid debts must be paid in a specific order:

1. Funeral and estate administration costs
2. Secured debts (like mortgages)
3. Taxes
4. Unsecured debts (credit cards, medical bills)

A final tax return must also be filed for the deceased. If there aren’t enough assets to cover debts, the estate is considered insolvent, and creditors may not receive full payment.

8. Distribute Assets to Beneficiaries

Once debts and expenses are handled, remaining assets can be distributed according to the will (or Florida law if no will exists). In some cases, the court must approve distributions before they happen.

Proper documentation is important to protect against future disputes.

9. Close the Probate Case

After all assets are distributed, you must file a petition to close probate, showing the court that everything was handled properly. Once the petition is approved, the personal representative is officially discharged from responsibility.

When to Consider an Attorney

Probate can quickly become complicated, especially when larger estates or family disputes are involved. If any of the following apply, seeking legal guidance may save you time, stress, and costly errors:

• The estate includes real estate or assets over $75,000
• There are multiple beneficiaries who may not agree on the distribution
• You’re unsure about Florida’s probate laws or legal procedures
• Managing the process feels overwhelming or too time-consuming

Most importantly, Florida law requires an attorney if more than one person has an interest in the estate. If you’re not the only heir or beneficiary, legal representation isn’t optional—it’s mandatory.

Need Help with Probate in Florida? Cameron H.P. White, P.A. is Here for You

Probate can be tricky, especially when you’re already dealing with loss. At Cameron H.P. White, P.A., we help families settle estates properly, avoiding costly mistakes and unnecessary delays.

If you have questions or need guidance, call us at (407) 792-6011 for a consultation. Whether you need full probate administration or just some help along the way, we’re here to make sure everything is handled the right way.