Which Florida county do I file probate in for a deceased parent?

Why the county matters

Probate is filed in a Florida circuit court. Filing in the wrong county can slow everything down before the actual process even starts. This guide covers what decides the county, based only on what's known so far, and what's left to confirm.

What decides the county

The material behind this guide doesn't spell out the exact venue rule. What it does say is that you describe what your parent owned, how it was titled, where they lived, and other family details — and the tool works out which county fits based on that.

Because this isn't legal advice, and the tool can't see deeds, account agreements or other records, confirm the county with the clerk of court's probate division before you file anything.

Not everything you list even goes through probate

Joint accounts
Anything with a named beneficiary
Trust assets
The homestead

These pass outside probate no matter which county is involved. What's left after setting these aside is the actual probate estate.

Once the county is settled: which process fits

The tool totals the true probate assets and checks that against Florida's $75,000 summary-administration line, noting that the math has its own rules. Under the line generally points to summary administration — a few weeks, no personal representative. Over it points to formal administration, which in Florida requires a lawyer under Rule 5.030, except in narrow cases.

Clocks that run no matter the county

Florida probate has a 2-year and a 3-month creditor clock, both counted from the date of death. The tool flags these along with the process it recommends, but it doesn't file anything or track dates for you.

What to do next

The free tool reads what you describe — the assets, how each was titled, and where your parent lived — and gives you the sorted list, the probate total, the process that fits, the clocks, and the county to file in. Confirm everything with the clerk of court's probate division, and talk to a probate attorney if the estate needs formal administration.

Use the free tool

Probate Needed? FL is an informational tool based on the Florida Probate Code (Fla. Stat. chapters 731–735), the Florida Probate Rules, and Art. X §4 of the Florida Constitution as of 2025–26. It is not legal advice and does not file anything. Titling, beneficiary designations and homestead status depend on documents this tool cannot see; values are estimates. It is not affiliated with any court, bank or law firm.