Florida
Estate law, probate process, and inheritance rules for Florida — in plain language.
3% of estate first $1M, sliding scale thereafter (statutory)
Summary administration (Fla. Stat. §735)
Elective share: 30% of elective estate (Fla. Stat. §732.201)
Spouse + descendants all of marriage: spouse takes 100%. Different parentage: spouse + descendants split.
- ✓Must be 18+ and of sound mind
- ✓May be required to post bond unless will waives it
- ✓Must file inventory of estate assets
- ✓Must give notice to creditors per statute
- ⏱Will filed within 10 days of death
- ⏱Creditor period: 3 months from publication
- ⏱Florida estate tax 'pickup' eliminated; no estate tax
- ⚠Florida homestead protections are strong but limit who can inherit
- ⚠If decedent has minor children, homestead cannot be devised away from them
- ⚠Snowbirds: domicile vs residence question can trigger another state's tax
- →Establish FL domicile clearly (driver's license, voter registration, primary tax filing)
- →Trust for non-homestead assets to avoid probate
- →Homestead-specific estate planning is required
- Florida Statutes Chapter 731-735 (Probate Code)
Statute references are for orientation only. Verify current text with your state legislature's website. Not legal advice — consult an attorney licensed in Florida.
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