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Florida Probate Law Updates for 2025: What Families Need to Know

  • Writer: Sandy Cantu
    Sandy Cantu
  • 40 minutes ago
  • 2 min read
Florida Probate Care
Florida Probate Care

As we move into 2025, several important changes to Florida probate law are taking effect. These updates aim to streamline processes, reduce delays, and provide greater clarity for families handling estates.


At Florida Probate Care, we’re committed to keeping you informed so you can navigate probate with confidence. Here’s what you need to know.


1. Electronic Filing Now Mandatory in All Counties**

Starting January 1, 2025, all probate filings must be submitted electronically through Florida’s E-Portal system. Paper filings will no longer be accepted except in rare emergency situations.

What this means for you:

·         Faster processing times

·         Reduced risk of lost documents

·         Easier access to case status online

Tip from Florida Probate Care:  Register your account early and work with a team experienced in digital submissions to avoid delays.


2. New Expedited Process for Small Estates

Florida has expanded its summary administration threshold from $75,000 to $100,000 in personal property (excluding homestead). This allows qualifying estates to bypass formal administration and close in as little as 30–60 days.


Eligible if:

·         No real property (other than protected homestead)

·         Total personal assets ≤ $100,000

·         Decedent passed at least 30 days ago


3. Digital Assets Now Explicitly Included in Inventories

Cryptocurrency, NFTs, online accounts, and digital wallets must now be formally inventoried and valued during probate. Executors have a legal duty to secure and transfer these assets.


Common challenges:

·         Locating login credentials

·         Valuing volatile digital assets

·         Transferring ownership without private keys


4. Homestead Protections Strengthened for Surviving Spouses

A surviving spouse now has 12 months (up from 6) to claim homestead rights if the primary residence passes through probate. This prevents premature forced sales and gives families more time to plan.

Key reminder: Homestead protection only applies if the property was the decedent’s primary residence.


5. Remote Online Notarization (RON) Fully Integrated

All probate documents — including oaths, petitions, and waivers — can now be notarized remotely via secure video platforms. This eliminates the need for in-person appearances.

Benefits:

·         Ideal for out-of-state heirs

·         Faster document execution

·         Lower travel costs


6. Increased Court Fees (Effective July 1, 2025)

Formal administration: $435 (up from $400)

Summary administration: $295 (up from $235)

Caveat filings: $52 (up from $42)

Budget accordingly — these fees are in addition to attorney and personal representative costs.


7. New Mediation Requirement for Contested Claims

Before a will contest or creditor claim goes to trial, mandatory mediation is now required in circuits with more than 3 contested probate cases per month. This encourages faster, less costly resolutions.


We’re Here to Help You Navigate 2025 Changes

Probate doesn’t have to be overwhelming. At Florida Probate Care, we offer free referral services to professionals who can guide you through the process so you can focus on what matters most.


📞 Call us today (813) 690.4979 

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