Get a Probate Advance in Florida

Probate Advances in Florida

Florida is one of the most common states for probate cases in the country, due in large part to its large retiree population and the volume of estates that pass through its court system each year. If you’re a beneficiary or heir waiting for a Florida probate case to close, a probate advance from CSF lets you access a portion of your inheritance now rather than waiting months, or in some cases, years, for the estate to distribute.

Florida’s probate system is governed by the Florida Probate Code (Chapters 731–735 of the Florida Statutes) and the Florida Probate Rules. The state offers two main types of probate administration: summary administration for smaller or older estates, and formal administration for everything else.

How a Probate Advance Works

A probate advance is not a loan, it’s a purchase of a portion of your expected inheritance. That means:

• Estate-based approval: Approval is based on the estate’s value, not your personal finances
• No monthly payments: You don’t repay until the estate distributes
• No income verification: Your employment status doesn’t matter
• No risk to you: If the estate distributes less than expected, CSF assumes the risk

Summary Administration in Florida

Florida offers a simplified probate process called summary administration for qualifying estates. You can use summary administration if:

• The total value of the estate’s probate assets (excluding exempt homestead property) is $75,000 or less, or
• The decedent has been dead for more than 2 years, regardless of the estate’s value

Summary administration is significantly faster than formal administration. There is no personal representative (executor) appointed, no creditor notice period is required for estates under $75,000, and the court can enter an order distributing assets relatively quickly. The entire process can typically be completed in 1–3 months.

However, summary administration is not available for all estates, and even when it is available, it requires all beneficiaries to agree to the process. For larger estates, formal administration is required.

Florida Homestead Exemption

Florida has one of the strongest homestead protections in the United States. Under Article X, Section 4 of the Florida Constitution, a homestead property may pass outside of the probate process entirely and is protected from the claims of most creditors. The homestead exemption applies to the decedent’s primary residence (up to half an acre within a municipality or 160 acres outside a municipality) and provides several critical protections:

• Creditor protection: The homestead is generally protected from forced sale by creditors of the estate, with limited exceptions for mortgages, property taxes, and certain liens
• Automatic transfer: If the decedent was survived by a spouse or minor child, the homestead may descend directly to the surviving spouse or heirs outside of probate
• Constitutional restriction: The decedent cannot devise (leave by will) the homestead to anyone other than the surviving spouse if there is a surviving spouse or minor children

The homestead exemption can significantly affect the probate process and the amount of the estate available for distribution. Heirs should understand whether the homestead passes through probate or outside of it, as this impacts the overall estate value and the timeline for distribution of other assets.

Florida Probate Courts

In Florida, probate matters are handled by the Circuit Courts. Florida is divided into 20 judicial circuits, each with its own circuit court that has a probate division. The probate division handles estate administration, guardianships, and trust matters. Major circuits, including those serving Miami-Dade, Broward, Palm Beach, Hillsborough (Tampa), Orange (Orlando), and Duval (Jacksonville) counties, have dedicated probate judges and staff who handle a high volume of estate cases.

The efficiency of the probate process can vary from circuit to circuit depending on caseload, staffing, and local court rules. South Florida circuits, which handle a disproportionately large number of estate cases due to the region’s demographics, may experience longer wait times for hearings.

Florida Probate Timeline

The timeline for completing probate in Florida varies based on the type of administration and the complexity of the estate:

• Summary administration: 1–3 months for qualifying estates
• Formal administration: 6–12 months for typical estates. The mandatory 3-month creditor claim period (known as the “non-claim period” under Florida Statutes § 733.702) starts when the personal representative publishes a Notice to Creditors
• Contested estates: 1–3 years or more when there are will contests, creditor disputes, or beneficiary litigation

During this waiting period, a probate advance from CSF gives Florida heirs access to funds they need now.

No State Income or Estate Tax in Florida

Florida has no state income tax and no state estate tax, which is one of the reasons so many retirees establish residency in the state. This tax advantage means that inheritances received through Florida probate are not reduced by state-level income or estate taxes. Federal estate tax may still apply for very large estates (those exceeding the federal exemption, which is $13.61 million per individual as of 2024), but the vast majority of Florida estates are not subject to federal estate tax either.

Who Qualifies for a Probate Advance in Florida

• Named beneficiary in a will admitted to probate in a Florida Circuit Court
• Heir under Florida intestacy laws (Florida Statutes § 732.101–732.111) when there is no valid will
• Estate must be in active probate or administration in Florida
• Estate must have sufficient assets to cover the advance

Why Florida Heirs Choose CSF

• Advances typically funded within 1–2 weeks of approval
• Estate-based approval, no income verification required
• No monthly payments, repayment comes from the estate when probate closes
• Transparent terms you can trust
• Extensive experience with Florida probate cases across all 20 judicial circuits
• Free consultation, (800) 317-3769

Read what other heirs have experienced with our probate advance reviews. If the estate involves a trust rather than probate, learn about our trust advance option. For more background, see our guides on how probate advances work, what probate is, and how long probate takes.

For official information about Florida’s probate courts, visit the Florida Courts: Probate website.