Florida Probate Mistakes to Avoid in 2026

Settling an estate in Florida is harder than most people expect, and the mistakes that cost families the most money are rarely complicated. They are usually procedural: acting on outdated information, missing a deadline that was never explained, or paying something that Florida law never required you to pay. Here are the most common and most costly errors — and how to avoid them.

Mistake 1: Triggering Formal Probate When the Estate Qualifies for Summary Administration

This is the single most expensive mistake a Florida estate makes in 2026, and it happens constantly because the internet is full of outdated information.

As of July 1, 2026, Florida's CS/HB 1337 raised the summary administration threshold from $75,000 to $150,000 in non-exempt assets. Summary administration takes 4 to 8 weeks, requires no personal representative, and results in an Order of Summary Administration distributing assets directly to beneficiaries. Formal administration, by contrast, takes 6 to 12 months and triggers Florida's statutory attorney fee schedule under F.S. §733.6171: $1,500 for the first $40,000, plus 3% on the portion between $100,000 and $1 million. On a $500,000 estate, the presumed attorney fee alone is $15,000.

The critical calculation error: families include exempt property in the threshold calculation. Under F.S. §732.402, the following are excluded from the non-exempt asset total:

• The primary residence (homestead property)
• Up to $20,000 in household furnishings
• Two personal motor vehicles (each weighing under 15,000 lbs)
• Florida Prepaid College or 529 plan accounts

A couple that owns a $400,000 home, two cars worth $30,000 combined, and $50,000 in furniture, plus $140,000 in a bank account, likely qualifies for summary administration — not formal administration. Only the $140,000 bank account counts toward the threshold. Before hiring a probate attorney to open a formal administration, calculate the non-exempt assets accurately.

Mistake 2: Skipping the Notice to Creditors in Summary Administration

Summary administration in Florida does not automatically require publication of a Notice to Creditors. Many families skip it to save the $150 to $300 newspaper publication fee. This is a false economy.

If you do not publish a Notice to Creditors in a summary administration, the heirs remain personally liable to unknown creditors up to the value of the assets they received — for a full two years after the date of death. Florida Statute §733.710 bars all creditor claims after two years, but until that bar is in place, skipping publication leaves the beneficiaries exposed.

The $300 spent on publication triggers the three-month creditor claim period under F.S. §735.2063. Once that window closes, you are protected. Skipping it to save $300 can cost heirs tens of thousands if a medical provider or creditor surfaces later.

Mistake 3: Missing the Will Deposit Deadline

Florida Statute §732.901 imposes a strict requirement: whoever holds the original Last Will and Testament must deposit it with the Clerk of the Circuit Court in the county where the deceased lived within 10 days of learning about the death. This is not optional. Failure to comply is a misdemeanor under Florida law.

The clerk does not open a probate case when you deposit the will — you are simply meeting a legal obligation. The original physical document must be delivered in person or by mail. Bring a certified death certificate or the deceased's Social Security number. Once deposited, the will is a public record.

This deadline is frequently missed because families are focused on funeral arrangements and do not know the rule exists. Miss it, and the custodian can be held liable for damages and legal costs.

Mistake 4: Paying the Deceased's Debts From Your Own Money

Debt collectors know that surviving spouses are grieving, exhausted, and often unaware of their rights. They will call and imply that you are responsible for your deceased spouse's credit card debt, medical bills, or car loan. In most cases, you are not.

Florida law does not make you personally liable for debts that were solely in your spouse's name, unless you co-signed or are a joint account holder. The deceased's estate — not you — is responsible for paying those debts.

The danger: if you voluntarily pay a creditor from your own funds, you have made a voluntary payment you cannot recover. You have also potentially disrupted the proper creditor priority rules. Do not pay any of the deceased's debts from your personal accounts before consulting with a probate attorney about what the estate actually owes.

If creditors call, you can tell them the estate is in probate and they must file a timely claim with the court. That ends most calls immediately.

Mistake 5: Missing the March 1 Property Tax Exemption Deadline

The $5,000 Widow/Widower property tax exemption under F.S. §196.202 is automatic in the sense that you qualify for it — but it is not automatic in the sense that anyone will apply for it on your behalf. You must file an application with the county property appraiser, accompanied by the death certificate, by March 1 of the year following the death.

Miss March 1, and you lose the exemption for that entire tax year. You can reapply by March 1 of the following year, but you cannot recapture the year you missed.

For surviving spouses of veterans with service-connected disabilities or first responders killed in the line of duty, the available exemption is far more significant: a complete 100% exemption from ad valorem property taxes under F.S. §196.081. The March 1 deadline applies here as well.

The Widow/Widower exemption does not automatically carry over year to year if you move or sell the property. If you remarry, you lose the exemption.

Mistake 6: Failing to Claim the Elective Share Before the Deadline Expires

Florida completely prohibits disinheriting a spouse. Under F.S. §732.201, a surviving spouse is entitled to 30% of the elective estate regardless of what the will says. But you must actively elect to take this share — it does not happen automatically.

The elective share must be filed within six months of receiving the formal notice of administration, or within two years of the date of death, whichever comes first. Miss that window, and you permanently forfeit the right.

The elective estate is broader than the probate estate. It includes revocable trusts, POD and TOD accounts, and the cash value of life insurance. Even assets that appear to pass outside probate directly to other beneficiaries can count toward calculating the 30% threshold. This matters most in blended families where children from a prior marriage are the primary named beneficiaries on accounts.

Mistake 7: Executing a Quitclaim Deed on a Mortgaged Property Without a Court Order

After probate, surviving spouses sometimes attempt to retitle real estate with a quitclaim deed to simplify the ownership records. If the property carries a mortgage, this triggers the Florida documentary stamp tax under F.S. §201.02, which is assessed at $0.70 per $100 of consideration — and in Florida, "consideration" includes the outstanding mortgage balance.

On a $300,000 mortgage, that is $2,100 in avoidable taxes.

The exemption: if title is transferred via a personal representative's deed as part of a formal probate proceeding, the transfer is exempt from documentary stamp taxes. Taking the shortcut of a post-death quitclaim deed costs you the exemption.

Mistake 8: Ignoring Non-Probate Benefits in the Rush to File Probate

Many families focus entirely on probate while the most immediately accessible benefits — which require no court involvement at all — go unclaimed.

Florida Statute §222.15 allows surviving spouses to recover a deceased state employee's unpaid wages, unused leave, and travel expenses by submitting a simple affidavit directly to the Bureau of State Payrolls, bypassing probate entirely. Workers' compensation death benefits under F.S. §440.16 are a direct insurance claim. Crime victim compensation through the Florida Office of the Attorney General provides up to $7,500 for funeral expenses in homicide or DUI manslaughter cases.

None of these require a probate filing. All of them have time limits that run regardless of whether probate has started. Prioritize these parallel tracks before spending all your energy on the court process.

For a complete checklist of Florida's non-probate benefits, statutory deadlines, and the county-specific probate requirements that apply where your spouse lived, the Florida Survivor Benefits Navigator organizes everything in one place.

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