Draft state probate reference
Probate in Florida: Small Estate and Executor Guide
This draft Florida probate reference summarizes selected personal-representative compensation and summary-administration concepts. The data is general and must be checked against current Florida statutes, court rules, and local practice.
Use this as a draft small-estate and probate reference for Florida. It highlights the fee-rule summary, small-estate threshold, form or process name, probate notes, and citations that still need official review.
Draft data: not verified
This page has not been verified against current official Florida sources. Do not rely on its dollar amounts, fee summary, form name, or procedure without checking the cited statute, current court instructions, and the facts of the estate.
How to use this draft Florida page
- Use it as a starting point for the draft fee rule, small-estate threshold, form name, probate notes, and source citation listed below.
- Check the verification status first. All current state records are draft/general information and must be verified against official sources before publication decisions or legal action.
- Use the related executor tools for estimates, inventory, letters, and planning reminders, then confirm next steps with the court or a qualified attorney.
Executor fee rule
Florida Statutes section 733.617 describes a presumptively reasonable commission schedule for ordinary personal-representative services in formal administration.
The draft schedule uses the compensable value described in the statute, generally tied to inventory value of probate assets plus estate income during administration. That base may differ from a simple gross estate estimate.
Draft schedule
- 3% of the first $1 million
- 2.5% above $1 million and through $5 million
- 2% above $5 million and through $10 million
- 1.5% above $10 million
Important limits
- This is draft data and has not been legally verified for the decedent's date of death.
- The court, will, written contract, multiple representatives, attorney-service rules, and extraordinary services can affect compensation.
- The statutory compensation base is not necessarily the same as the estate's net value or every asset connected to the decedent.
Small estate information
- Draft threshold
- $75,000 or less in estate property subject to Florida administration, or decedent dead more than 2 years; needs official verification
- Scope
- Florida summary administration may be available only when statutory requirements are satisfied, including will terms and the value of property subject to administration after exempt-property adjustments.
- Form or process name
- Petition for Summary Administration; local circuit forms and requirements may apply
Eligibility cautions
- Needs official verification against current Florida law and local court instructions.
- The $75,000 figure is not a complete eligibility test.
- Homestead, exempt property, creditor issues, and whether formal administration is directed can change the analysis.
Draft probate notes
- Confirm whether the estate qualifies for summary administration before using any simplified process.
- Florida homestead and exempt-property issues can require separate review.
- County clerk or circuit court instructions may require local forms, proposed orders, consents, or creditor documentation.
Statutes and official starting points
These links are provided for independent review. Their inclusion does not mean this draft page has completed legal verification.
Other draft state references
Frequently asked questions
Is this Florida probate information verified?
No. This is a draft reference that has not been verified against current official state sources for publication.
What is the draft Florida small-estate threshold?
$75,000 or less in estate property subject to Florida administration, or decedent dead more than 2 years; needs official verification. Eligibility has additional requirements and must be confirmed for the specific estate.
How are executor fees described in Florida?
Florida Statutes section 733.617 describes a presumptively reasonable commission schedule for ordinary personal-representative services in formal administration.
Should I rely on this page instead of legal advice?
No. Probate rules change and depend on the facts. Check current court instructions and statutes, and consult a licensed attorney for legal advice.
This tool provides general information and document templates for convenience. It is not legal advice. Laws vary by state and change over time. Consult a licensed attorney for your situation.