How to Probate an Estate in Hillsborough County, Florida: A Complete Guide

If you’ve been named executor of an estate in Hillsborough County, Florida, you’re navigating one of the state’s busiest probate jurisdictions. The 13th Judicial Circuit Court handles thousands of probate cases annually across the Tampa metropolitan area, and understanding the local requirements will help you fulfill your responsibilities efficiently.

This guide walks you through the complete Hillsborough County probate process, from filing the will to closing the estate. You’ll find specific filing fees, court locations, required forms, and the step-by-step sequence you’ll follow. Whether you live locally or are managing the estate from out of state, this information will help you understand exactly what Hillsborough County requires.

Important note: Florida law requires attorney representation for most probate proceedings. This guide helps you understand the process and stay organized, but you’ll need a Florida-licensed attorney to handle formal administration.

Understanding Probate in Hillsborough County

Probate is the court-supervised process of settling a deceased person’s estate. In Hillsborough County, this process is handled by the Probate Division of the 13th Judicial Circuit Court, which serves Tampa, Plant City, and the surrounding areas.

When Probate Is Required

Probate is necessary when a deceased person owned assets titled solely in their name. Common examples include:

Real estate owned individually (not jointly)
Bank accounts without payable-on-death designations
Vehicles titled in the deceased’s name alone
Investment accounts without transfer-on-death beneficiaries
Personal property of significant value

Assets That Bypass Probate

Not everything goes through probate. These assets transfer directly to beneficiaries:

Property held as joint tenants with right of survivorship
Bank accounts with payable-on-death (POD) designations
Retirement accounts and life insurance with named beneficiaries
Assets held in a living trust
Property held as tenants by the entirety (for married couples)

Understanding which assets require probate helps you assess the complexity of your situation and choose the appropriate type of administration.

Types of Probate Administration in Florida

Florida offers several probate paths depending on the estate’s size and circumstances. Each has different requirements, timelines, and costs in Hillsborough County.

Summary Administration

Summary administration is the simplified probate option for smaller or older estates.

Eligibility requirements:

The total probate estate (excluding exempt property) is $75,000 or less, OR
The decedent died more than two years ago (regardless of estate value)

Hillsborough County filing fees:

$235 for estates under $1,000
$345 for estates $1,000 or more

Timeline: 1-3 months

Key characteristics:

No personal representative is formally appointed
No Letters of Administration are issued
Court issues an Order of Summary Administration directly to transfer assets
Generally less expensive and faster than formal administration

Summary administration works well for straightforward estates with cooperative beneficiaries and minimal creditor concerns.

Formal Administration

Formal administration is required for larger estates or when summary administration doesn’t apply.

When formal administration is required:

Estate value exceeds $75,000
Decedent died within the past two years
Complex creditor issues exist
Litigation is anticipated
The will specifically requires formal administration

Hillsborough County filing fee: $400

Timeline: 6-12 months minimum (often longer for complex estates)

Key characteristics:

Personal representative is formally appointed by the court
Letters of Administration are issued, authorizing you to act for the estate
Full creditor notice and claim process required
Court supervision throughout the process
Final accounting required before closing

Ancillary Administration

Ancillary administration applies when a non-Florida resident owned real property in Hillsborough County.

When required:

The decedent was not a Florida resident
The decedent owned real estate in Hillsborough County

Hillsborough County filing fee: $400

Process: You must first establish domiciliary probate in the state where the decedent lived. Once that’s underway, you file for ancillary administration in Hillsborough County to transfer the Florida property.

Step-by-Step: Probating an Estate in Hillsborough County

Here’s the sequence you’ll follow for formal administration in Hillsborough County. Summary administration follows a similar but abbreviated process.

Step 1: Obtain the Death Certificate

Your first task is obtaining certified copies of the death certificate. You’ll need these for nearly every step ahead.

How to obtain death certificates in Florida:

The funeral home typically handles the initial request
You can also order through the Florida Department of Health or local vital records office
Processing takes approximately one week

How many copies: Order 10-15 certified copies. Banks, insurance companies, government agencies, and the court will all require originals with a raised seal. Photocopies are not accepted.

Step 2: Locate and Secure the Will

Florida law requires that the custodian of a will deposit it with the court within 10 days of learning of the death. This is a legal obligation, not optional.

Where to look for the will:

Home office, filing cabinets, or safe
Safe deposit box (note: Florida law provides a process to access safe deposit boxes to search for a will)
The deceased’s attorney’s office
Digital storage or email

If no will exists, the estate proceeds as “intestate” and Florida law determines how assets are distributed. For guidance on intestate succession, see our article on what happens when there is no will.

Step 3: File the Will with the Hillsborough County Clerk

Once you have the will, file it with the Hillsborough County Clerk of Court.

Filing locations:

Tampa (Primary): George Edgecomb Courthouse 800 E. Twiggs Street, Room 206 Tampa, FL 33602

Plant City: Plant City Courthouse 301 N. Michigan Avenue, Room 1071 Plant City, FL 33563

Mailing address: P. O. Box 3360 Tampa, FL 33601-3360

What you’ll need:

The original will (copies are not accepted)
Decedent’s date of death or Social Security number
Acknowledgement of Venue form (this is a Hillsborough County requirement that must accompany every will filed)

Fee: There is no fee to deposit the will alone. Fees apply when you open administration.

The Acknowledgement of Venue form confirms that Hillsborough County is the proper venue for the probate. This requirement is specific to Hillsborough County, so don’t be surprised if attorneys or resources from other jurisdictions don’t mention it.

Step 4: Hire a Florida Probate Attorney

Florida Probate Rule 5.030 requires that every personal representative be represented by a Florida-licensed attorney, with limited exceptions.

Exceptions to the attorney requirement:

You are the sole interested person (the only beneficiary and there are no creditors)
You are an attorney licensed in Florida representing yourself
The estate qualifies for “disposition of personal property without administration” (very small estates where assets don’t exceed funeral and final illness expenses)

For most estates, you’ll need an attorney. When selecting one, look for experience with Hillsborough County probate specifically, as local procedures and judge preferences matter.

How Entrusted helps: While we can’t replace your attorney, staying organized before your consultation means less billable time spent on basics. Upload your documents, track your assets, and arrive at your attorney meeting prepared.

Step 5: File Petition for Administration

Your attorney will prepare and file the petition to open probate. This formally requests that the court appoint you as personal representative.

Filing fees in Hillsborough County:

Proceeding Type	Filing Fee
Summary Administration (estate < $1,000)	$235
Summary Administration (estate ≥ $1,000)	$345
Formal Administration	$400
Ancillary Administration	$400
Disposition of Personal Property	$231
Petition to Admit Foreign Will	$231

What the petition includes:

Information about the decedent
Names and addresses of beneficiaries
Description of assets (general)
Request for appointment as personal representative

E-portal filing: Hillsborough County accepts electronic filing for certain documents. Your attorney can file the petition electronically, and some supporting documents like death certificates and oaths can be submitted through the e-portal without mailing originals.

Step 6: Receive Letters of Administration

If your petition is approved, the court issues Letters of Administration (or Letters Testamentary if there’s a will). This document is your legal authority to act on behalf of the estate.

Timeline: Approximately one month from petition filing, assuming no complications.

What Letters authorize you to do:

Access and manage estate bank accounts
Communicate with financial institutions
Collect assets owed to the estate
Pay legitimate debts
Manage estate property

Keep several certified copies of your Letters. Financial institutions will require them before they’ll work with you.

Step 7: Notify Creditors

Florida law requires you to notify potential creditors that the estate is in probate.

Publication requirement: You must publish a Notice to Creditors in a newspaper of general circulation in Hillsborough County for two consecutive weeks. The Tampa Bay Times and Tampa Tribune are common choices for Tampa-area estates.

Direct notice: Known creditors must also receive direct notice by mail.

Creditor claim period: Creditors have three months from the first publication date to file claims against the estate. This three-month period is one reason formal administration takes a minimum of six months.

Step 8: Inventory Estate Assets

Within 60 days of your appointment, you must file an inventory of estate assets with the court.

What the inventory includes:

All probate assets and their values
Real property descriptions and estimated values
Financial accounts with balances as of date of death
Personal property of significant value

Valuation: Some assets may require professional appraisal. Real estate, business interests, and collectibles often need formal valuations.

Keeping beneficiaries informed during this phase prevents misunderstandings. Consider using tools like Entrusted’s beneficiary portal to share progress without constant phone calls.

Step 9: Pay Debts and Taxes

Before distributing assets to beneficiaries, you must pay valid debts in the order Florida law requires.

Florida priority order for debt payment:

Costs of administration
Funeral expenses
Debts and taxes with preference under federal law
Medical and hospital expenses of the last 60 days
Family allowance
Debts acquired after death by the personal representative
All other claims

Tax considerations:

Florida does not have a state estate tax
Federal estate tax applies only if the estate exceeds $13.61 million (2024 threshold)
Income taxes may be due on income earned by estate assets
The decedent’s final income tax return must be filed

Step 10: Distribute Assets to Beneficiaries

After debts are paid and the creditor period has passed, you can petition the court for authority to distribute remaining assets.

Distribution process:

Prepare a proposed distribution plan
Obtain court approval (in most cases)
Transfer assets according to the will or Florida intestacy law
Obtain receipts from beneficiaries

For guidance on handling distributions fairly and communicating with beneficiaries, see our guide on estate documents decoded.

Step 11: Close the Estate

The final step is formally closing the estate with the court.

Final accounting: You’ll file a final accounting showing all assets received, expenses paid, and distributions made. Beneficiaries must receive notice and have an opportunity to object.

Discharge: Once the court approves your final accounting, you receive a discharge releasing you from further liability as personal representative.

Hillsborough County Court Information

Having the right contact information saves time and frustration.

Court Locations

George Edgecomb Courthouse (Tampa) 800 E. Twiggs Street Tampa, FL 33602 Clerk’s Office: Room 206

Plant City Courthouse 301 N. Michigan Avenue Plant City, FL 33563 Room 1071

Contact Information

Phone: (813) 276-8100
Mailing Address: P. O. Box 3360, Tampa, FL 33601-3360
Hours: 8 AM - 5 PM, Monday through Friday

Appointments

You can schedule appointments or join the virtual queue through ClerkExpress. This can reduce wait times for in-person visits.

Online Resources

HOVER (Hillsborough Online Viewing of Electronic Records): hover.hillsclerk.com Use HOVER to check case status, view filed documents, and monitor your probate case progress.

Daily Probate Filings: publicrec.hillsclerk.com/Probate/dailyfilings/ See recently filed probate cases in the county.

Forms: hillsclerk.com/About-Us/Forms Download required probate forms.

Fee Schedule: hillsclerk.com/About-Us/Fees-and-Fines Current filing fees for all probate matters.

Filing Fees at a Glance

Here’s a consolidated view of Hillsborough County probate filing fees for 2025:

Proceeding Type	Filing Fee
Summary Administration (estate < $1,000)	$235.00
Summary Administration (estate ≥ $1,000)	$345.00
Formal Administration	$400.00
Ancillary Administration	$400.00
Disposition of Personal Property Without Administration	$231.00
Petition to Admit Foreign Will	$231.00
Caveat Filing	$41.00
Notice of Trust	$41.00

Source: Hillsborough County Clerk of Court

Note that these are court filing fees only. You’ll also have attorney fees, publication costs for creditor notices, and potentially appraisal or accounting fees.

Special Considerations for Out-of-State Executors

Tampa’s large retiree population means many executors live in other states. If you’re managing a Hillsborough County estate from a distance, here’s what you need to know.

Florida’s Residency Requirements for Personal Representatives

Florida restricts who can serve as personal representative if they’re not a Florida resident.

Non-residents who can serve:

Spouse of the decedent
Parent, child, grandparent, grandchild, or sibling of the decedent
Spouse of any of the above relatives
Legally adopted relatives in the above categories

Non-residents who cannot serve:

Friends (regardless of how close)
Business partners
Distant relatives beyond those listed

If you don’t qualify, the estate will need a Florida-resident personal representative, or you may need to explore alternatives with an attorney.

Managing Probate Remotely

Florida doesn’t require you to be physically present for most of the probate process.

What can be done remotely:

Attorney consultations (video conference)
Document signing (with proper notarization)
Filing through e-portal
Monitoring case status through HOVER

What may require presence (or a local representative):

Securing and inventorying physical property
Some court hearings (though many can be attended remotely post-COVID)
Accessing safe deposit boxes

How Entrusted helps: Our platform is designed for out-of-state executors. Track tasks, organize documents, and keep beneficiaries informed from anywhere. When you do consult with your Florida attorney, you’ll arrive organized with a clear picture of the estate.

Bond Requirements

Florida may require out-of-state personal representatives to post a bond, even when Florida residents serving the same estate would be exempt. Discuss bond requirements with your attorney early, as this adds cost and complexity.

Timeline: How Long Does Probate Take in Hillsborough County?

Realistic timeline expectations help you plan and set beneficiary expectations.

Summary Administration: 1-3 Months

Summary administration moves quickly because there’s no formal personal representative appointment or full creditor process. Most summary administrations in Hillsborough County close within one to three months if there are no complications.

Formal Administration: 6-12+ Months

Formal administration has a built-in minimum timeline due to the three-month creditor claim period. Realistically, most Hillsborough County formal administrations take:

Simple estates: 6-9 months
Moderate complexity: 9-12 months
Complex estates: 12-18+ months

Factors That Extend Timeline

Disputes among beneficiaries
Will contests
Complex or hard-to-value assets
Tax issues requiring resolution
Real estate sales
Unlocated beneficiaries
Creditor claim disputes

Frequently Asked Questions

Do I need a lawyer for probate in Florida?

Yes, for most cases. Florida Probate Rule 5.030 requires attorney representation for formal administration unless you’re the sole interested person. Summary administration also typically requires an attorney, though there are narrow exceptions for very small estates.

How much does probate cost in Hillsborough County?

Court filing fees range from $231 to $400 depending on the type of administration. Total costs including attorney fees, publication costs, and other expenses typically range from $3,000 to $10,000+ for formal administration, depending on estate complexity.

Can I file probate online in Hillsborough County?

Some documents can be filed through the Florida e-portal. Your attorney handles most electronic filings. You can monitor case status online through the HOVER system.

What is the Acknowledgement of Venue form?

This is a Hillsborough County-specific requirement. The form confirms that Hillsborough County is the proper venue for the probate because the decedent resided there. It must accompany every will filed with the clerk.

Where do I publish creditor notices in Tampa?

The Tampa Bay Times is a common choice for publishing creditor notices in Hillsborough County. Your attorney can recommend appropriate publications and often handles the publication process.

What if the decedent didn’t live in Hillsborough County but owned property there?

You’ll need ancillary administration in Hillsborough County in addition to domiciliary probate in the state where they lived. The Hillsborough County filing fee for ancillary administration is $400.

Moving Forward with Your Hillsborough County Probate

Probating an estate in Hillsborough County follows a defined process. While Florida’s attorney requirement adds a layer of professional involvement, understanding the steps helps you work efficiently with your attorney and stay on track.

Key takeaways:

File the will within 10 days, including the Acknowledgement of Venue form
Determine whether summary or formal administration applies
Hire a Florida-licensed probate attorney
Budget for filing fees ($235-$400) plus attorney costs
Plan for 1-3 months (summary) or 6-12+ months (formal)
Use HOVER to monitor your case online

If you’re managing this estate from out of state, staying organized becomes even more critical. Entrusted helps you track documents, manage tasks, and keep beneficiaries informed from anywhere. When every conversation with your Florida attorney costs money, arriving prepared makes a difference.

Get started with Entrusted and see your personalized probate roadmap. We can’t replace your Florida attorney, but we can help you make the most of every hour you spend with them.