Hillsborough County
Probate Court
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Overview
Hillsborough County (Tampa) is a rapidly growing Florida probate jurisdiction serving a population of 1.5M with approximately 5,500 probate cases filed annually. The system processes roughly ~1,100 cases per judge. Hillsborough County's unique characteristics include a large Cuban-American community with international asset complexity, significant port and maritime estate issues, MacDill AFB military estate complexity, and a growing tech and finance sector. The Circuit Court – Probate Division handles estate administration, guardianship, conservatorship, and trust proceedings.
Fast-growing metro; large Cuban-American community; significant port and maritime estate complexity; MacDill AFB military estate issues; growing tech and finance sector estate complexity.
Quick Facts
The Probate Process: Step by Step
File Petition for Administration
2–6 weeks from deathPersonal representative (PR) files with circuit court. Original will lodged. Death certificate required.
Notice to Creditors + 3-Month Claims Period
3 months (statutory)Florida requires notice to creditors and a 3-month claims period (Fla. Stat. §733.702). Shorter than California's 4-month mandatory period.
Inventory Filed
60 days from appointmentPR files formal inventory within 60 days of appointment (Fla. Stat. §733.604). All assets listed.
Pay Claims, Taxes, and Expenses
2–4 monthsFlorida has no estate tax. Federal estate tax applies above $13.99M. PR pays valid creditor claims in statutory priority order.
Petition for Discharge
1–3 monthsPR files final accounting and petition for discharge. Court reviews and approves. Assets distributed to beneficiaries.
Order of Discharge
Weeks after hearingCourt issues Order of Discharge. Case closed.
Timeline by Case Type
| Case Type | Minimum | Typical | Extended |
|---|---|---|---|
| Simple uncontested estate | 6–12 mo | 6–12 mo | N/A if no complications |
| Estate with real property | 6–12 mo | 12–18 mo | 18–30 mo if sale contested |
| Estate with business interests | 9–14 mo | 14–24 mo | 24–48+ mo if valuation disputed |
| Contested / will contest | 18–36+ mo | 18–36+ mo | Up to 7+ years with appeals |
| Guardianship (ongoing) | 3–6 mo to establish | Indefinite maintenance | Annual reports; court review |
Cost Benchmarks
| Estate Value | Attorney Fees | Executor Fees | Combined | Add'l Costs | Total Range | % of Estate |
|---|---|---|---|---|---|---|
| $500,000 | $15,000 (statutory 3%) | $15,000 (statutory 3%) | $30,000 | $2,000–$6,000 | $32,000–$36,000 | 6.4%–7.2% |
| $1,000,000 | $22,500 (statutory) | $22,500 (statutory) | $45,000 | $3,000–$10,000 | $48,000–$55,000 | 4.8%–5.5% |
| $3,000,000 | $52,500 (statutory) | $52,500 (statutory) | $105,000 | $5,000–$20,000 | $110,000–$125,000 | 3.67%–4.17% |
Attorney Intelligence: Real Case Patterns
The following case patterns are composite illustrations based on common probate scenarios in this jurisdiction. They are not accounts of specific individuals.
CASE PATTERN #1: THE MARITIME ESTATE COMPLEXITY
A Tampa decedent owned a commercial fishing vessel registered under the US Coast Guard, a Florida LLC operating the fishing business, and a dock lease from the Port of Tampa. The estate required Coast Guard vessel title transfer, LLC dissolution proceedings, and port authority lease termination — three separate administrative proceedings running concurrently with probate.
Common Estate Planning Failures
| Failure Mode | Frequency | Consequence |
|---|---|---|
| No revocable living trust | Most common | All assets titled in decedent's name go through full probate |
| Trust exists but never funded | Extremely common | Unfunded trust is legally valid, operationally useless — assets still probate |
| Will drafted 10–20 years ago; never updated | Very common | Outdated executors, guardians, beneficiaries; potential disputes |
| Real estate not titled to trust | Common | Property triggers full probate even if other assets are in trust |
| Beneficiary designations not updated after life events | Common | Ex-spouses, deceased beneficiaries, or wrong persons receive assets by contract |
| No coordination between legal, tax, financial advisors | Common | Contradictory asset structures; unintended taxable events; gap assets |
| DIY estate plan (online forms, unwitnessed) | Growing | Holographic will disputes; inadequate execution; court challenges |
| No successor trustee named or willing to serve | Moderate | Court petition required; delays and costs |
| Assets held in joint tenancy without tax planning | Common | Avoids probate but creates step-up basis issues, gift tax exposure, loss of control |
| Digital assets not addressed | Emerging | Cryptocurrency, online accounts, digital businesses inaccessible at death |
How to Avoid Probate in Florida
- 1
Revocable Living Trust (most comprehensive — avoids Florida's summary and formal probate)
- 2
Small Estate Disposition Without Administration (Fla. Stat. §735.301 — expenses less than exempt property)
- 3
Summary Administration (Fla. Stat. §735.201 — estate under $75,000 or decedent dead 2+ years)
- 4
Beneficiary Designations and POD/TOD accounts
- 5
Enhanced Life Estate (Lady Bird) Deeds (Florida allows — real property transfer at death without probate)
- 6
Joint Tenancy / Tenancy by Entirety (married couples; avoids probate for homestead)
Key Statutes & Legal Authority
| Statute / Code | Provision |
|---|---|
| Fla. Stat. §733.617 | Compensation of personal representative — statutory percentage schedule |
| Fla. Stat. §733.702 | Creditor claims — 3-month claims period from publication |
| Fla. Stat. §733.604 | Inventory — due within 60 days of appointment |
| Fla. Stat. §735.201 | Summary administration — estate under $75,000 or decedent dead 2+ years |
| Fla. Stat. §735.301 | Disposition without administration — very small estates |
| Fla. Const. Art. X §4 | Homestead protection — restricts devise and creates forced heir scenarios |
Frequently Asked Questions
Sources & References
- Florida Office of the State Courts Administrator — Court Statistics 2023
- Florida Statutes §733.617 (personal representative compensation)
- Florida Statutes §733.702 (creditor claims — 3-month period)
- Florida Statutes §735.201 (summary administration — $75,000 threshold)
- Florida Constitution Art. X §4 (homestead protection)
- TheProbateCourt.com Probate Insider Reference Series 2026
- EstatelawMagazine.com — Estate Law Reference 2026