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Probate vs trust administration in Florida: differences, steps and deadlines
Probate and trust administration after a death in Florida compared: what each covers, who is in charge, deadlines, creditor claims, court oversight and privacy, with the statute for each point and what to do when both apply.
Updated October 2026
Probate administers the “estate,” meaning the property of a decedent that is the subject of administration (§ 731.201(14), Fla. Stat. (2026)). A court-appointed personal representative collects it (§ 733.607(1)). Trust administration covers property held by a trustee. A revocable trust becomes irrevocable at the settlor's death, and the trustee then acts under the trust and the Trust Code, without continuing court supervision unless the court orders it (§ 736.0201(3); § 736.0813(1)(b)).
Many estates need both. Table 2 shows which path each kind of asset takes.
Side-by-side comparison
| Topic | Probate | Trust administration | Source |
|---|---|---|---|
| Authority | The court issues letters of administration. The representative's duties and powers start on appointment. | The trustee acts under the trust instrument and the Trust Code. No court appointment is needed unless a trustee must be named or removed by a court. | § 731.201(24); § 733.601; § 736.0801; § 736.0201(4)(b) |
| Court role | A court case with a file number. Contested matters are adversary proceedings under the Probate Rules. | A trust is not subject to continuing judicial supervision unless the court orders it. The court acts when an interested person invokes its jurisdiction. | Fla. Prob. R. 5.025; § 736.0201(2)-(3) |
| First notices | The personal representative serves a notice of administration on the surviving spouse, beneficiaries and certain others. | The trustee notifies qualified beneficiaries within 60 days after accepting the trust, and within 60 days after learning the trust became irrevocable. | § 733.212(1); § 736.0813(1)(a)-(b) |
| Creditor claims | The personal representative publishes a notice to creditors and serves known creditors. Claims are barred unless filed by the later of 3 months after first publication or 30 days after service on a creditor. | Chapter 736 has no notice-to-creditors procedure. A revocable trust is liable for the settlor's estate expenses and obligations to the extent the probate estate cannot pay them. | § 733.2121; § 733.702(1); § 733.707(3); § 736.05053 |
| Outside limit on claims against the decedent | Two years after death, neither the estate, the personal representative nor the beneficiaries are liable for a claim against the decedent, whether or not letters have issued, with exceptions. | The same section names “the beneficiaries” as well as the estate and the personal representative. | § 733.710 |
| Inventory and accounting | Inventory filed within 60 days after letters, and served on the surviving spouse, each heir at law in an intestate estate, each residuary beneficiary in a testate estate and any other interested person who requests it in writing. Final accounting and petition for discharge within 12 months after letters, or for an estate filing a federal estate tax return, 12 months after the return is due, unless the court extends the time for cause (Fla. Prob. R. 5.400(c)). | A trustee of an irrevocable trust gives each qualified beneficiary a trust accounting at least annually and at termination. A qualified beneficiary may waive it in writing. | Fla. Prob. R. 5.340(a), (d); Fla. Prob. R. 5.400(c); § 736.0813(1)(d), (2) |
| Public access | Inventories and accountings filed with the clerk are confidential and exempt from public records disclosure, but the clerk must disclose them to the personal representative, the personal representative's attorney and an interested person as defined in § 731.201, or by court order for good cause. A will is deposited with the clerk. | A notice of trust is filed with the court, stating the settlor, date of death, trust title and date, and trustee name and address. The trustee gives a qualified beneficiary a copy of the instrument on reasonable request. | § 733.604(1)(b)1., 3., 4.; § 732.901(1); § 736.05055; § 736.0813(1)(c) |
| Challenging the document | An objection to the validity of the will is due 3 months after service of the notice of administration, with an outer limit of the earlier of final discharge or 1 year after service. | An action to contest a trust that was revocable at death is barred at the earlier of the Chapter 95 period or 6 months after the trustee sends the person the instrument and a notice stating the time allowed. | § 733.212(3); § 736.0604 |
| Claims against the fiduciary | A personal representative has the same fiduciary duty as a trustee and is liable for breach. | A claim for breach of trust is barred 6 months after the beneficiary receives an adequate trust disclosure document with a limitation notice, subject to longer limits where disclosure was not adequate. | § 733.609(1); § 736.1008 |
| Pay for the fiduciary | Presumed-reasonable schedule for a personal representative in formal administration, and a separate attorney schedule. | The amount the trust specifies, or reasonable compensation if it is silent. | § 733.617; § 733.6171; § 736.0708 |
Sources: Fla. Stat. (2026) and the Florida Probate Rules (Oct. 15, 2026 ed.). The same person may serve as personal representative and trustee: the statutes address estates where “each trustee is also a personal representative” (§ 733.212(1)(c)).
Which path each asset takes
| Asset and title | Path | Source |
|---|---|---|
| Bank account in the decedent's name alone, no beneficiary | Probate. Smaller estates may qualify for summary administration, which applies when the entire estate subject to administration, less exempt property, does not exceed $150,000, or the decedent has been dead more than 2 years. | § 733.607(1); § 735.201 |
| Joint account with survivorship, or pay-on-death account | Neither. The survivor or beneficiary takes by title. See the bank accounts guide. | § 655.79; § 655.82 |
| Property titled to the trustee | Trust administration. A trust is created by transferring property to a trustee. | § 736.0401(1) |
| Life insurance, annuity or benefit-plan death benefits | Paid to the named beneficiary, which may be the trustee of an existing trust. If no trustee claims within 6 months, payment goes to the personal representative of the person who made the designation, unless the agreement says otherwise. | § 733.808(1), (3) |
| Motor vehicle | The Department of Highway Safety and Motor Vehicles can issue a title on application. An heir of an intestate owner does not need a probate court order if the heir files an affidavit that the estate is not indebted and the heirs have agreed on a division. A testate owner's will, if probated, or a sworn copy, plus an affidavit, accompanies the application. | § 319.28(1) |
| Protected homestead | The personal representative does not take possession of protected homestead. The devise limit also applies to a trust disposition of homestead. | § 733.607(1); § 732.4015(2) |
| Other probate assets and any shortfall for expenses | Probate. If the probate estate cannot pay expenses and obligations, the personal representative may call on the trustee of a revocable trust. | § 733.607(2); § 733.707(3) |
Sources: Fla. Stat. (2026). The $150,000 summary administration threshold was raised by ch. 2026-57, Laws of Fla., section 7, effective July 1, 2026. See the probate guide.
When both apply
A will can leave probate property to the trustee of an existing trust. That devise is valid even if the trust is amendable or revocable, and the property joins the trust principal unless the will provides otherwise (§ 732.513(1)-(3), (5)). The pour-over will still has to be deposited and admitted before the trustee receives anything through it.
- Deposit the will. The custodian of a will must deposit it with the clerk of the court having venue of the estate within 10 days after receiving information that the testator is dead (§ 732.901(1)). This is the 10-day rule. A custodian who fails without just cause is liable for costs, damages and a reasonable attorney's fee (§ 732.901(2)).
- File the notice of trust. On the settlor's death, the trustee of a trust described in § 733.707(3) files a notice of trust with the court of the county of the settlor's domicile and the court having jurisdiction of the estate (§ 736.05055(1)). Proceedings affecting the estate's expenses or obligations before the filing bind the trustee, and failing to file does not change the trustee's obligation to pay them (§ 736.05055(6)-(7)).
- Serve the right people. If each trustee is also a personal representative, the qualified beneficiaries of the trust are served the notice of administration (§ 733.212(1)(c)).
- Order of payment. The trustee pays the expenses of trust administration first, then the estate's expenses and obligations from the trust property in the statutory order (§ 736.05053(2), (4)).
Probate steps
- Deposit the will within 10 days (§ 732.901(1)).
- Petition for administration. The court issues letters, the personal representative's authority (§ 731.201(24)).
- Notice of administration. Served promptly on the people listed in § 733.212(1). The 3-month objection period runs from service (§ 733.212(3)).
- Notice to creditors. Published once a week for 2 consecutive weeks in a newspaper published in the county. Reasonably ascertainable creditors are served. If the decedent was 55 or older, the Agency for Health Care Administration is served within 3 months after first publication unless it has already filed a claim (§ 733.2121(2)-(3)).
- Inventory filed within 60 days after letters (Fla. Prob. R. 5.340(a)) and served on the surviving spouse, each heir at law in an intestate estate, each residuary beneficiary in a testate estate and any other interested person who requests it in writing (Fla. Prob. R. 5.340(d)).
- Pay claims and expenses in the order of § 733.707(1).
- Close. File the final accounting and petition for discharge, which must show the compensation paid and its basis, within 12 months after letters, or for an estate filing a federal estate tax return, 12 months after the return is due, unless the court extends the time for cause (Fla. Prob. R. 5.400(c)). Objections are due 30 days after service, and a notice of hearing must follow within 90 days (Fla. Prob. R. 5.400(b)(6)).
Trust administration steps
- Confirm the trust became irrevocable. A formerly revocable trust becomes irrevocable at the settlor's death (§ 736.0813(1)(b)).
- Notify beneficiaries. Within 60 days of acceptance, and within 60 days of learning the trust became irrevocable. The notice states the trust's existence, the settlor, the right to request the instrument, and the right to accountings (§ 736.0813(1)(a)-(b)).
- File the notice of trust (§ 736.05055).
- Give banks a certification of trust in place of the instrument (§ 736.1017).
- Pay the settlor's estate expenses on the personal representative's written certification (§ 736.05053(1)). The duty applies when the estate's assets, after statutory entitlements and all devises other than residuary devises, are insufficient to pay administration expenses and obligations (§ 733.607(2)).
- Account. Provide a trust accounting at least annually and at termination, unless waived (§ 736.0813(1)(d), (2)).
- Administer in good faith under the trust's terms, its purposes and the Trust Code (§ 736.0801).
Taxes
- Florida. A federal change eliminated Florida's estate tax for people who died after December 31, 2004 (Florida Department of Revenue). Art. VII, § 5(a) caps state taxes on estates and inheritances at the federal credit amount (Art. VII, § 5(a), Fla. Const.).
- Federal estate tax. The basic exclusion amount for 2026 is $15,000,000 (IRS, Estate tax). The tax is paid by the executor (26 U.S.C. § 2002).
- Income tax. The estate gets its own EIN, and the personal representative files its returns (IRS Publication 559). For 2026, estates and trusts reach the 37% bracket above $16,000 of taxable income. An unmarried individual reaches it above $640,600 (Rev. Proc. 2025-32, sec. 4.01, Tables 3 and 5).
What a trust does not change
- Creditors. A revocable trust remains liable for the settlor's estate expenses and obligations if the probate estate falls short (§ 733.707(3)). The 2-year outside limit applies either way (§ 733.710).
- Homestead. The limit on devise of homestead reaches a trust disposition (§ 732.4015(2)).
- The will. A pour-over will still has to be deposited and admitted (§ 732.513; § 732.901).
- Unfunded trusts. A trust holds what was transferred to the trustee (§ 736.0401(1)). An asset still in the decedent's name goes through the probate path in Table 2.
The will versus trust guide covers choosing between the two in planning. The trust administration guide covers the trustee's duties in full.
Sources
Last checked: October 17, 2026. Statutes are cited to the 2026 Florida Statutes on the Florida Senate site.
- § 731.201, § 732.4015, § 732.513 and § 732.901, Fla. Stat. (2026). Definitions; devise of homestead; devises to trustee; production of wills.
- § 733.212, § 733.2121, § 733.601, § 733.604, § 733.607, § 733.609, § 733.617, § 733.6171, § 733.702, § 733.707, § 733.710 and § 733.808, Fla. Stat. (2026). Probate administration.
- § 735.201, Fla. Stat. (2026), summary administration. § 319.28, transfer of vehicle ownership by operation of law. § 655.79 and § 655.82, deposit accounts.
- § 736.0201, § 736.0401, § 736.0604, § 736.0708, § 736.0801, § 736.0813, § 736.05053, § 736.05055, § 736.1008 and § 736.1017, Fla. Stat. (2026). Trust Code.
- Fla. Prob. R. 5.025, 5.340 and 5.400, Florida Probate Rules, October 15, 2026 edition, The Florida Bar.
- Ch. 2026-57, Laws of Fla. (CS/HB 1337), effective July 1, 2026.
- IRS Publication 559 (2025); IRS page last reviewed or updated April 30, 2026. Rev. Proc. 2025-32. IRS, Estate tax, accessed October 17, 2026.
- Florida Department of Revenue, Estate Tax, accessed October 17, 2026. Art. VII, § 5, Fla. Const..
— Common questions
What people ask us about this.
If I have a trust, do I still need a will in Florida?
Usually a pour-over will is paired with the trust. A will can devise probate property to the trustee of an existing trust, and the property becomes part of the trust principal unless the will provides otherwise (§ 732.513). The will still has to be deposited with the clerk within 10 days after the testator's death is known (§ 732.901(1)).
Does a trust avoid probate in Florida?
Property titled to the trustee is administered under the trust, not in the probate case (§ 736.0401(1)). Property left in the decedent's own name still follows the probate path. A revocable trust also remains liable for the settlor's estate expenses and obligations if the probate estate cannot pay them (§ 733.707(3)).
Is trust administration private in Florida?
Partly. The trustee files a notice of trust naming the settlor, the date of death, the trust's title and date, and the trustee's name and address (§ 736.05055), and gives qualified beneficiaries a copy of the instrument on reasonable request (§ 736.0813(1)(c)). In probate, inventories and accountings filed with the clerk are confidential from the public, but the clerk must disclose them to the personal representative, the personal representative's attorney and an interested person (§ 733.604(1)(b)1., 3., 4.).
Is there a creditor period for a trust in Florida?
Not like probate's. The probate estate publishes a notice to creditors, and claims are barred 3 months after first publication or 30 days after service on a known creditor (§§ 733.2121 and 733.702). The 2-year outside limit in § 733.710 applies whether or not letters issue, and a revocable trust must pay the settlor's estate obligations if the estate's assets are insufficient (§ 733.607(2); § 736.05053(1)).
Can the trustee also be the personal representative?
How long does probate take compared with trust administration in Florida?
The statutes and rules set milestones, not a total. In probate, the inventory is due within 60 days after letters and the final accounting and petition for discharge within 12 months after letters, or 12 months after the return is due for an estate filing a federal estate tax return, unless the court extends the time for cause (Fla. Prob. R. 5.340 and 5.400(c)). In trust administration, notices are due within 60 days (§ 736.0813(1)), and no completion date is set.
How long do I have to contest a trust in Florida?
An action to contest a trust that was revocable at death is barred at the earlier of the Chapter 95 period or 6 months after the trustee sends a copy of the instrument and a notice of the trust's existence, the trustee's name and address, and the time allowed (§ 736.0604).
Does Florida tax trust distributions?
Florida has no estate tax for deaths after 2004, and Art. VII, § 5(a) of the Florida Constitution caps state taxes on estates and inheritances at the federal credit amount. Federal income tax applies to trust income. For 2026, trusts reach the 37% bracket above $16,000 of taxable income, and unmarried individuals reach it above $640,600 (Rev. Proc. 2025-32).
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