---
title: "Settling a Parent's Estate in Florida: A Step-by-step Guide"
description: "A step-by-step guide to settling a parent's estate in Florida: the probate sequence, deadlines, homestead, and what to do with the house contents."
published: "2026-08-20"
canonical: "https://blog.estatesalesameliaisland.com/blog/settling-a-parent-s-estate-in-florida-a-step-by-step-guide"
author: "Alan Young"
---

Settling a parent's estate in Florida means opening a probate case in the circuit court of the county where they lived, having the court appoint a personal representative, then gathering assets, paying valid debts in legal priority order, and distributing what remains to the heirs. The process runs under Chapters 731 through 735 of the Florida Statutes. Which path you take, faster summary administration or fuller formal administration, depends mostly on the value of the estate's non-exempt assets and how long ago your parent died.

That is the whole arc. The details are where families get stuck, especially when heirs live out of state and the house still needs to be cleared. Here in Nassau County, that last part comes up constantly: an Amelia Island home full of a lifetime's furniture, and adult children flying in from three time zones to sort it. So let's walk the sequence in order.

## What are the first legal steps after a parent dies in Florida?

Within 10 days of learning of the death, whoever holds the original will must deposit it with the clerk of the circuit court in the county where your parent lived, under [Florida Statute 732.901](https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799%2F0732%2FSections%2F0732.901.html). That deadline stands whether or not anyone opens probate yet. In Nassau County, wills and probate petitions go to the Clerk of Circuit Court and Comptroller's Civil Department at 76347 Veterans Way in Yulee.

Depositing the will is not the same as starting probate. To actually administer the estate, someone (usually the person named executor in the will) petitions the court to open a case and be appointed. Order the death certificates early, several certified copies, because banks, insurers, and the court will each want one.

## Summary administration or formal administration: which one applies?

Florida has three probate paths, and the estate's value decides which fits. Summary administration is the simplified route for smaller estates and can close in weeks. Formal administration is the full court-supervised process for larger estates, and it carries a mandatory minimum of about three months because of the creditor notice period. A third path, disposition without administration, exists only for the very smallest estates.

The dividing lines are set by [Chapter 735 of the Florida Statutes](https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0735/0735.html), which governs summary administration eligibility. Note: Florida enacted legislation in 2026 raising the summary-administration ceiling to roughly $150,000 in non-exempt probate assets (up from $75,000), effective for deaths on or after July 1, 2026. The exact effective date and bill citation should be confirmed against the current statute before you rely on them; a Florida probate attorney can tell you the figure that applies to your parent's date of death.

| Path | Roughly when it fits | Court filing fee |
|---|---|---|
| Disposition without administration | Very small estates, personal property only | Varies |
| Summary administration | Smaller non-exempt estates, or death more than two years ago | $340 (estates $1,000+) |
| Formal administration | Larger estates, or death within the last two years | $395 |

Those filing fees come straight from [Florida Statute 28.2401](https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099%2F0028%2FSections%2F0028.2401.html). They are the court's charge only, separate from attorney fees.

## What are the deadlines in Florida formal probate administration?

Formal administration runs on a chain of statutory deadlines. Once the court issues Letters of Administration appointing the personal representative, that person has 60 days to file a verified inventory of the estate's probate assets, valued as of the date of death, under [Florida Statute 733.604](https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/Sections/0733.604.html). The representative must also publish a Notice to Creditors and search diligently for known creditors.

That creditor notice sets the clock everyone waits on. Under [Florida Statute 733.2121](https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799%2F0733%2FSections%2F0733.2121.html), the personal representative publishes the notice once a week for two consecutive weeks in a county newspaper. Creditors then have to file claims within the later of three months after that first publication, or 30 days after being served directly, per [Florida Statute 733.702](https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/Sections/0733.702.html). Late claims are barred. This is why the estate cannot close overnight, even a simple one.

The Florida Bar's consumer guide is blunt about the timeline: even the simplest estate must stay open for that three-month creditor period, and a straightforward estate realistically takes about [five to six months](https://www.floridabar.org/public/consumer/pamphlet026/) start to finish. Larger or contested estates commonly run six to twelve months or longer.

The 60-day inventory deadline is where the out-of-town-heir problem bites. If nobody has laid eyes on the contents of a house before that clock starts, valuing it is guesswork. Families who get the home sorted and inventoried early, rather than leaving a full Amelia Island house untouched while everyone flies home, tend to move through this stretch far more smoothly.

## Can the personal representative sell the house and its contents?

Yes, but real estate and personal property follow different rules. The personal representative may sell the estate's personal property, the furniture, appliances, tools, art, and everyday contents, without a separate court order, so long as the sale serves the best interests of everyone with an interest in the estate. That authority comes from Florida Statute 733.612. Anything the will specifically leaves to a named beneficiary is off the table and cannot be sold.

Real property is different. To sell the house itself, the representative needs either a power-of-sale clause in the will or a court order. And a few things never enter the sale at all. A surviving spouse or the heirs may claim exempt personal property, including household furniture, furnishings, and appliances up to $20,000 in value, plus up to two qualifying vehicles, under [Florida Statute 732.402](https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799%2F0732%2FSections%2F0732.402.html).

Older coastal homes here often hold decades of accumulated contents, some valuable and much of it not, and heirs three states away rarely know which is which. That is exactly the sorting a professional estate sale handles: separating the keep-and-ship items from what should be priced and sold, then clearing the rest so the house can be listed or transferred. Coastal Estate Sales works with Nassau County families on precisely that step, and any estate sale company you consider works on commission, so ask each one for its rate up front before you sign.

## What about Florida's homestead and estate taxes?

Florida's homestead protection is one of the strongest creditor shields in American law. Under [Article X, Section 4 of the Florida Constitution](https://codes.findlaw.com/fl/florida-constitution1968-revision/fl-const-art-10-sect-4.html), a homestead, up to half an acre inside a municipality or 160 acres outside one, is exempt from forced sale by unsecured creditors, and that protection passes to a surviving spouse or heirs. The catch: the home still goes through a probate proceeding to transfer legal title, even though creditors cannot touch it.

On taxes, most families get good news. Florida has no state estate tax. Federal estate tax applies only to very large estates, those above the federal exemption of $13.99 million per individual in 2025, so the vast majority of Florida estates owe no estate tax at all.

## Do you need a lawyer to settle a parent's estate in Florida?

For formal administration, almost always yes. Florida requires a licensed probate attorney for formal administration, with one narrow exception: a personal representative who is the sole interested party in the estate. The Florida Bar's own guidance recommends engaging a qualified attorney rather than going it alone.

Attorney fees are not a mystery figure, either. [Florida Statute 733.6171](https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799%2F0733%2FSections%2F0733.6171.html) sets presumed-reasonable compensation: it starts at $1,500 for estates of $40,000 or less and rises on a schedule, reaching 3% on estate value over $100,000 up to $1 million. Ask any attorney to walk you through how the statute applies to your parent's estate before you retain them.

Your first concrete move: order several certified death certificates, locate the original will, and get it to the Nassau County clerk in Yulee within that 10-day window. Then call a Florida probate attorney to confirm which administration path fits, and get the house sorted and inventoried early so the 60-day clock never catches you flat-footed. Do those three things in the first couple of weeks and the rest of the sequence has room to work.

For the specific path a loved one's belongings take after a death, and a printable executor's task list, see our companion posts on what happens to belongings in Nassau County and the estate sale checklist for executors and families in Florida.