FLORIDA PROBATE GUIDE – LEE COUNTY, FLORIDA
Understanding the Probate Process in Lee County Florida
If you’ve recently been named a Personal Representative, or you’re an heir trying to understand what comes next, this guide walks you through every stage of the Florida probate process in plain, straightforward language. No legal jargon. No pressure.
The Florida probate process in Lee County is a court-supervised legal procedure for settling a deceased person’s estate through the 20th Judicial Circuit Court. Formal administration, required when probate assets exceed $75,000, typically takes 6-12 months and involves appointing a Personal Representative (called an Executor in other states), notifying creditors, inventorying assets, and distributing property to heirs. Smaller estates may qualify for summary administration, a faster an less expensive alternative that can often be completed in weeks. Not every state requires probate, assets with named beneficiaries or held in a living trust pass directly to heirs without going through the court.
If you’ve just been appointed Personal Representative, it’s normal to feel uncertain.
Most people have never done this before. They’ve just lost someone they love, and now they’ve being asked to navigate a legal process they didn’t expect and may not fully understand yet. That’s completely normal, and it’s exactly why this resource exist.
The Florida probate process has clear rules, defined steps, and predictable timelines. It can feel overwhelming at the start, but it becomes manageable once you understand what’s actually required, and what isn’t.
Use this guide to orient yourself. Read at your own pace. And when you’re ready to go deeper on your specific responsibilities as a Personal Representative, the Personal Representative Guide walks through every duty in detail, from the first week of appointment through final distribution.
This guide was developed by Michelle Miller, Certified Probate Expert and licensed real estate agent serving Lee County Florida, to help families, out-of-state heirs, and first-time Personal Representative understand each stage of this process with confidence.
FLORIDA PROBATE BASICS
What Is Probate – and Why Does It Exist?
Probate is the legal process through which a deceased person’s estate is formally settled under court supervision. When someone passes away with assets in their name alone – property, bank accounts, investments – the state requires an orderly process to transfer those assets to rightful heirs.
In Florida, probate is governed by the Florida Probate Code, found in Florida Statutes Chapters 731 through 735. The process is designed to accomplish three things: verify and carry out the terms of the will (or apply intestate law if there is no will), ensure that legitimate debts and taxes are paid, and transfer remaining assets to heirs in an organized, legally protected way.
Probate is often described as burdensome – and for larger estates, it can be. But understanding what’s actually required takes away much of the uncertainty.
Why does probate exist?
Its main purpose is to protect creditors and ensure assets are distributed according to the will, or Florida law if there isn’t one. Think of it as a structured, transparent handoff overseen by a judge. The process takes time, but it exists to protect everyone involved, including you.
THE FIRST QUESTION FAMILIES ASK
Does Every Estate Go Through Probate in Florida?
No, not every estate requires probate in Florida. Whether an estate must go through the probate process in Lee County depends on how the deceased person’s assets were titled and whether beneficiaries were named. Many estates include a mix of assets: some that pass directly to heirs without court involvement, and some that do require probate.
The probate process in Lee County Florida is only triggered for assets owned solely in the deceased person’s name, with no co-owner and no beneficiary designation. A common example is a home titled only in the deceased’s name, or a bank account with no joint holder or payable-on-death (POD) beneficiary. Everything else may pass outside of court entirely.
What Assets Go Through Probate in Florida?
Probate applies to assets that were owned individually by the deceased, with no mechanism in place to transfer them automatically at death. These are sometimes called “probate assets.” Common examples include:
If any of these assets exist in the estate, some form of probate will likely be required – either formal administration or, for smaller estates, summary administration.
What Assets Typically Avoid Probate?
Assets that have a built-in transfer mechanism – a named beneficiary, a joint owner, or a trust – generally pass outside of probate automatically. The court is not involved, and these assets are often accessible to heirs within days or weeks of death. Common non-probate assets include:
Beneficiary designations and joint ownership arrangements are often set up years before death, sometimes without being updated after major life events like divorce, remarriage, or the birth of a child. It’s worth reviewing these carefully, as outdated designations can create complications even when the intent seems clear.
Why This Distinction Matters
Many families discover that a significant portion of their loved one’s assets pass outside of probate, sometimes more quickly and with far less court involvement than they expected. Identifying which assets are probate assets and which are not is one of the first tasks for the Personal Representative and their attorney. Getting this wrong can delay distributions and create unnecessary legal exposure.
In Lee County specifically, this distinction comes up frequently with real property. A condo or vacation home titled solely in the deceased’s name – even if the family assumed it would “go to” a spouse or child – is a probate asset. How that property was titled at the time of death controls what happens next, not what anyone intended.
Practical takeaway: Before assuming you need full formal administration, review how each asset is titled. You may find that a significant portion of the estate passes directly, and that only a small subset requires probate. A Florida probate attorney can help you assess this quickly.
Managing from out of state? If you’re an out-of-state heir or a first-time Personal Representative handling a Florida estate remotely, you are not alone. Lee County has one of the largest snowbird and second-home populations in Florida, many probate cases here involve families based in the Northeast, Midwest, or Canada. You do not need to be physically present to initiate or manage most aspects of the probate process in Lee County Florida.
WILLS & FLORIDA PROBATE
If There Is a Will, Is Probate Still Required in Florida?
This surprises many families: in most cases, yes – having a will does not avoid probate. A will is a legal document that directs how a person’s assets should be distributed, but the will itself does not transfer those assets. That transfer still requires the court process.
What a will does is give the court clear direction. It names the person’s chosen Personal Representative, identifies who should receive which assets, and can include specific instructions about property, personal belongings, and other matters. The probate court validates the will and then overseas the distribution process according to its terms.
The only assets that avoid probate – will or no will – are those that pass by operation of law: accounts with named beneficiaries, jointly held property with right of survivorship, and assets held in a living trust.
One exception to know: If the estate qualifies for summary administration, either because probate assets are $75,000 or less, or the person passed away more than two years ago, probate may be significantly simplified even when a will exists. An attorney can assess eligibility quickly.
WHEN THERE IS NO WILL
What Happens If There Is No Will in Florida?
When a person dies without a valid will, they are said to have died intestate. In this situation, Florida does not allow assets to be distributed based on family assumptions or verbal agreements. Instead, the state applies a defined inheritance order established under Florida Statutes Chapter §732, known as the intestate succession laws.
Florida’s intestate succession rules follow a clear priority:
Even without a will, the probate process must still open through the 20th Judicial Circuit Court in Lee County. A Personal Representative will be appointed based on the priority order in Florida Statue §733.301.
Important for blended families: Florida’s intestate rules can produce outcomes that differ from what a family expects – particularly in blended families, unmarried partnerships, or situations involving stepchildren. Stepchildren do not automatically inherit under Florida intestate law. When no will exists, the court strictly follows statute, not family intention. If this applies to your situation, consult a Florida probate attorney promptly.
Dying Without a Will Does Not Mean the State Takes Your Assets
Florida’s intestacy laws define who receives assets when there is no will – which may or may not align with what your loved one would have wanted. This is one of the reasons estate planning matters. For those currently navigating this situation, working with a licensed Florida probate attorney is especially important.
TYPES OF FLORIDA ADMINISTRATION
Three Pathways Through Florida Probate: Formal, Summary, and Ancillary
Florida law provides three distinct probate pathways. Which one applies depends on the total value of probate assets, how recently the person passed away, and, critically, where the deceased person lived at the time of death.
SIMPLIFIED PATH
Summary Administration
A simplified, faster form of probate may be available when non-exempt probate assets total $75,000 or less, or when more than two years have passed since death.
There is no Personal Representative appointed, the court issues an order directing asset distribution. Still requires a licensed Florida attorney and court approval.
Typical duration: 2 to 4 months
MOST COMMON
Formal Administration
Commonly used when non-exempt probate assets exceed $75,000 or when summary administration is not available.
A court-appointed Personal Representative manages the estate under judicial oversight from open through closing. Many Lee County estates follow this path.
Typical duration: 6 months to 2+ years
OUT-OF-STATE OWNERS
Ancillary Administration
If your loved one lived outside Florida but owned probate assets located in Florida, a seperate Florida probate proceeding may be required to transfer or sell those assets, even if probate is already open in their home state.
Lee County sees a high volume of ancillary proceedings each year due to its large seasonal and snowbird population.
Often runs concurrently with home-state probate
YOUR ROLE IN THE ESTATE
Who is the Personal Representative – and What Do They Do?
Florida law uses the term Personal Representative – in most other states, this role is called an “Executor” (for a will) or “Administrator” (when there is no will). If you’re searching for information about an Executor in Florida, you’re looking for the Personal Representative.
OTHER STATES CALL IT
Executor
FLORIDA CALLS IT
Personal Representative
The Personal Representative is the court-appointed individual (or institution) responsible for guiding the estate through the probate process. They serve as a fiduciary, meaning they have a legal duty to act solely in the best interests of the estate and its beneficiaries, not in their own personal interest, and can be held personally liable for mismanaging estate assets.
The will typically names a preferred Personal Representative. If no will exists, or if the named person is unable to serve, Florida Statute §733.301 sets out the priority order for who may petition to serve.
Key point: Being a Personal Representative is a legal responsibility, not just an administrative task. You can be held personally liable for mismanagement of estate assets. If you’ve been named, it’s important to understand your duties before accepting the appointment, and to work with a Florida probate attorney throughout the process. For a complete breakdown of every duty and deadline, see the Personal Representative Guide →
DUTIES & RESPONSIBILITIES
What Personal Representative Should – and Should Not Do
DO
DON’T
THE PROBATE PROCESS
Step-by-Step: How the Probate Process Works in Lee County Florida
The Florida Formal Probate Timeline
For Lee County families, understanding both the timeline and the cost estimate together is the fastest way to access what formal administration will actually require.
How long does Florida probate take in Lee County? The probate process in Lee County Florida typically takes 6-12 months for formal administration and several weeks for summary administration. The specific timeline depends on estate complexity, creditor claims, and court scheduling at the 20th Judicial Circuit Court.
If formal administration applies, here is what the process looks like in Lee County from start to finish. Every estate is different, the step below represent the typical sequence.
DAYS 1-14
Locate the Will and Secure Assets
Before filing anything, the family should locate the original will (if one exists), gather a certificate, and take reasonable steps to preserve and secure estate assets, especially any real property. Do not dispose of or distribute anything yet.
WEEKS 2-4
Hire a Florida Probate Attorney and File the Petition
Florida law requires that estates valued over $75,000 be represented by a licensed Florida attorney. Your attorney will file a Petition for Administration with the Lee County Probate Division of the 20th Judicial Circuit Court, along with the original will and death certificate.
MONTH 1-2
Court Appoints the Personal Representative
If the court approves the petition, it issues an order appointing the Personal Representative – the individual legally authorized to manager the estate. Along with this appointment comes Letter of Administration: the official document granting authority to act on behalf of the estate.
Without Letter of Administration, banks, financial institutions, and government agencies cannot legally take instructions from you regarding estate assets.
MONTH 1-3
Publish Notice to Creditors and Notify Beneficiaries
The Personal Representative must publish a Notice to Creditors, a required public announcement informing creditors that the estate has been opened, in a local newspaper (as required by Florida Statute §733.2121) and notify known creditors directly. Creditors then have 90 days from the date of publication (or 30 days from direct notice) to file claims against the estate. Beneficiaries and interested parties must also be formally notified.
MONTH 2-4
Inventory and Appraise Estate Assets
Within 60 days of appointment, the Personal Representative must file a formal inventory of all probate assets with the court. This includes real estate, bank accounts, investments, vehicles, business interests, and personal property. Some assets may require professional appraisal to establish fair market value.
MONTH 3-8
Managing the Estate During Probate
While the creditor period runs, the Personal Representative has active ongoing responsibilities: maintaining any real property, continuing to pay insurance and carrying costs, managing financial accounts, collecting income owed to the estate, and keeping thorough records of every transaction.
This phase is often the most demanding for Personal Representatives managing an estate from out of state.
MONTH 4-8+
Pay Valid Debts, Taxes and Estate Expenses
After the creditor period closes, the Personal Representative reviews all filed claims and pays those that are valid. This includes funeral expenses, final income taxes, estate administration costs, and attorney fees. Debts are paid in a specific priority order set by Florida law, beneficiaries only receive distributions after all valid obligations are satisfied.
One tax concept worth understanding at this stage is the stepped-up basis – when an heir inherits an asset, its cost basis is generally reset to the fair market value at the date of death, which can significantly reduce capital gains taxes if the asset is later sold. This applies to inherited real estate, investment accounts, and other appreciated assets.
MONTH 5-10+
Estate Accounting
Before assets can be distributed, a formal accounting of all estate financial activity must be prepared and filed with the court. This document shows every dollar received and spent during administration. All interested parties – heirs, beneficiaries, and creditors – have the opportunity to review and object.
MONTH 6-12+
Distribute Assets and Close the Estate
Once debts are paid and the accounting is approved, the Personal Representative distributes remaining assets to heirs and beneficiaries named in the will – or, if there is no will, according to Florida’s intestacy laws. A petition for discharge is then filed with the court to formally close the estate and release the Personal Representative from their duties.
COSTS & ATTORNEY FEES
How Much Does the Probate Process Cost in Lee County Florida?
Florida probate costs are regulated, in part, by statute. Under Florida Statute §733.6171, attorney fees for probate are based on a tiered schedule tied to the inventory value of the estate, not a simple flat percentage. For estate valued between $100,000 and $1 million, the statutory schedule sets attorney fees at 3% of the compensable estate value as presumptively reasonable. The rate steps down to 2.5% for the portion between $1M-$3M, and 2% above that. Small estate follow a flat-fee structure. Seperately, the Personal Representative is also entitled to reasonable compensation from the estate under Florida Statute §733.617, governed by a similar percentage schedule.
When attorney fees, Personal Representative compensation, court filing fees, and administrative expenses are combined, total probate costs for a typical formal administration commonly fall in a range of 3%-6% of the gross estate value. Complex or contested estates involving disputes, business interests, real property sales, or tax issues, may exceed that range. Summary administration is considerably less expensive.
It’s worth noting that these costs are paid from the estate itself, not out of pocket by the Personal Representative or beneficiaries personally. The estate bears the administrative expense before distributions are made. Attorney fees under §733.6171 are not mandatory – the statute provides a presumptively reasonable schedule, and the PR and attorney may agree to a different arrangement.
This is general information only. Actual costs vary based on estate complexity, asset types, contested claims, and other factors. Always obtain a detailed fee agreement from your probate attorney before proceeding.
6-12
MONTHS, TYPICAL TIMELINE
$75K
SUMMARY ADMIN THRESHOLD
90
DAYS FOR CREDITOR CLAIMS
3-6%
TYPICAL TOTAL COST RANGE
A CRITICAL WINDOW
Florida’s Creditor Claims Period
One of the most consequential, and often misunderstood, aspects of the Florida probate process is the creditor claims period. This is the window of time during which creditors can legally make claims against the estate. No distributions to heirs can occur until this period has properly closed and all valid claims have been addressed.
Under Florida Statute §733.702, once a Notice to Creditors is published in a qualifying local newspaper (once per week for two consecutive weeks, per §733.2121), creditors have 3 months from the date of first publication to file a claim against the estate. Known creditors who are served directly have 30 days from the date of service, or the end of the 3-month publication period, whichever is later.
Why This Period Matters
The creditor claims period is one of the primary reasons Florida formal administration takes 6 to 12 months. The Personal Representative cannot legally distribute assets to beneficiaries until all creditor claims have been received, reviewed, and either paid or formally objected to. Distributing assets prematurely can expose the Personal Representative to personal liability.
After the claims window closes, the Personal Representative reviews each filed claim. Valid debts including final medical bills, outstanding mortgages, credit card balances, and estate expenses are paid from estate assets in a specific priority order established by Florida law. Only after valid debts are paid can the remaining assets be distributed to heirs.
The absolute two year deadline – §733.710: Regardless of whether a Notice to creditors was published, Florida Statute §733.710 permanently bars all creditor claims not filed within two years of the date of death. This applies to both known and unknown creditors. It is an absolute statute of repose, no exception. For families where estate administration was delayed for any reason, this two-year cutoff is especially important to understand.
Common question – what if debts exceed estate assets: Florida law sets a specific order of priority for paying claims under Florida Statute §733.707, and not all creditors are treated equally. Estate administration expenses and PR fees are paid first, followed by funeral expenses, federal debts, and then other obligations in order. In some cases, beneficiaries may receive little or nothing if debts are substantial. A Florida probate attorney can explain how this priority order applies to your estate’s specific situation.
For out-of-state families: The creditor claims period is often the phase that surprises remote heirs most. Even when an estate appears straightforward, this 3-month window is legally required and cannot be waived or shortened in formal administration. Planning around this timeline, particularly for property decisions, is an important part of managing the process from a distance.
GETTING STARTED
Documents Needed to Open Probate in Lee County Florida
When you meet with a Florida probate attorney to open the estate, they will need several key documents. Gathering these early will speed up the process considerably.
Tip for out-of-state families: Many of these documents can be gathered and sent digitally. Certified death certificates can be ordered through the Florida Department of Health’s Vital Statistics office. You do not need to be physically present in Lee County to initiate the probate process, your Florida probate attorney can handle most filings remotely.
A FLORIDA-SPECIFIC PROTECTION
Florida Probate and the Homestead
Florida’s homestead laws are among the strongest property protections in the United States, and they play an important, and sometimes complex role in the probate process. If the deceased person’s primary residence was located in Florida, the homestead classification can affect both creditor protection and how that property may be inherited.
What is Florida Homestead?
A Florida homestead is a person’s primary, permanent residence. Under Article X, Section 4 of the Florida Constitution, a homestead property is protected from forced sale by most creditors, even during probate. This means that in most cases, the deceased person’s home cannot be used to satisfy general creditor claims, regardless of the size of those debts.
This protection can be significant for families. Even if an estate has outstanding debts, the homestead property may be shielded, preserving it for the spouse, children, or other heirs.
Homestead and Inheritance: Important Restrictions
While homestead protects property from creditors, it also creates restrictions on how that property can be devised – meaning left to someone through a will. Under Florida Statutes §732.401 and §732.4015, what happens to homestead depends on who survives the deceased:
Note on the life estate election: When a surviving spouse receives a life estate under §732.401, they have six months from the date of death to elect to take an undivided on-half interest as tenant in common instead. This election is made by recording a form in the county’s public records, it does not require a seperate court proceeding. An attorney can help evaluate which option better serves the surviving spouse’s circumstances.
Why this matters in Lee County: A significant portion of Lee County probate cases involve homes that may qualify as homestead including primary residences, condominiums, and homes that were converted from second-home to primary use. Misclassifying a property or mishandling homestead designation can have serious legal and financial consequences. This is an area where a Florida probate attorney’s guidance is especially important.
Homestead and selling the property: If estate property qualifies as homestead, there may be restrictions on the Personal Representative’s ability to sell it without the consent of all heirs. The homestead classification must be properly addressed before any sale can proceed. For a deeper look at property decisions during probate, see Real Estate in Probate in Florida →
KEY TERMS EXPLAINED
Florida Probate Glossary
The following terms appear throughout Florida probate and are worth understanding before you begin.
Personal Representative
The court-appointed individual (or institution) responsible for managing and settling a deceased person’s estate. Called an “Executor” in most other states. Governed by Florida Statute Chapter 733.
Letter of administration
The official court document that grants the Personal Representative legal authority to act on behalf of the estate to access account, manage property, and conduct estate business.
Formal Administration
The full Florida probate process, required for estates with probate assets over $75,000 or where death occurred within the past two years. Involves full court supervision, creditor notice period,
Summary Administration
A simplified probate process available when the estate’s probate assets are $75,000 or less, or the person has been deceased for two or more years. Faster, less expensive, and requires no Personal Representative.
Ancillary Administration
A Florida probate proceeding opened specifically to transfer Florida-located assets when the deceased person was a resident of another state. Common in Lee County due to the large snowbird and second-home population.
Intestate Succession
When a person dies without a valid will, Florida law (Chapter 732) determines who inherits the estate. This is called dying “intestate”. Florida’s intestate succession rules prioritize spouses and children.
Notice to Creditors
A required public notice (published in a local newspaper once per week for two consecutive weeks) informing creditors that an estate has been opened. Creditors have 3 months from the date of first publication, or 30 days from direct service, to file claims against the estate. All claims are permanently barred two years after the date of death under §733.710.
Fiduciary
A person with a legal and ethical duty to act in the best interest of another party. Person Representatives are fiduciaries, they must prioritize the estate and beneficiaries’ interests above their own.
Probate Assets
Assets that must go through the probate process because they are owned solely in the deceased’s name with no named beneficiary. Contrast with non-probate assets like life insurance or joint accounts.
Homestead
A Florida-specific property protection that may exempt a deceased person’s primary residence from certain creditor claims. Florida’s homestead laws are complex and must be addressed carefully in probate.
Life Estate
A property interest that allows someone to use and live in a home for their lifetime. After their death, ownership passes automatically to the designated remainder beneficiaries.
Intestate
A legal term meaning “without a valid will.” When someone dies intestate in Florida, the state’s default inheritance rules (Chapter 732) determine who receives the estate.
COMMON QUESTIONS
Frequently Asked Questions About the Probate Process in Lee County Florida
These are the questions families most often ask at the beginning of the probate process. If you don’t see your question here, explore the additional guides linked below.
Does the estate include real property? For many Lee County families, the home is the estate’s largest asset, and one of the most complex decisions to navigate. Whether you need to understand your options, clarity what the court requires before a sale, or simply figure out the right next step, the following page covers everything specific to real estate in Florida probate: Real Estate in Probate →