Types of Probate in Florida: Common Questions Answered
Yes. With proactive planning including revocable living trusts, proper beneficiary designations, and joint ownership many families can reduce or avoid probate. Visit our Avoiding Probate in Florida page to learn more
The correct probate process depends on the estate’s value, the type of assets, and how long ago the person passed. Estates with real estate or assets over $75,000 usually require formal administration. Smaller estates or those with minimal assets may qualify for summary or disposition.
Formal administration is the standard probate process for estates valued over $75,000 or when other simplified options don’t apply. It involves court oversight, appointing a personal representative, notifying creditors, and distributing assets under judicial supervision. It typically takes 6 to 12 months or longer.
Mistakes, missed deadlines, or filing errors can delay the process, lead to disputes, or result in rejected petitions. Understanding each type of probate and its requirements helps protect your family’s interests and ensures assets are distributed correctly.
Disposition without administration is for very small estates that don’t include real estate. It’s typically used to reimburse final expenses, such as funeral or medical bills, and is handled administratively through the court clerk without a full probate proceeding.
Summary administration is available if the total estate value is under $75,000 or the person has been deceased for more than two years. It’s faster and more affordable than formal probate and does not require a personal representative.
Types of Probate in Florida
Florida recognizes three main types of probate proceedings. The process that applies to a particular estate depends on the value of the assets, how long the person has been deceased, and whether proper planning was in place. Understanding these options helps families prepare and avoid unnecessary delays.
1. Formal Administration
- Used for estates valued over $75,000 (excluding exempt property) or when no other simplified option applies
- Handled through Florida circuit court with full judicial oversight
- Requires the appointment of a personal representative (executor)
- Involves notifying creditors, filing accountings, and distributing assets under court supervision
- Often takes 6–12 months or longer depending on complexity
This is the most common form of probate for larger or contested estates.
2. Summary Administration
- Available when the estate’s value is less than $75,000, or the decedent has been dead for over two years
- Faster and less expensive than formal administration
- No personal representative is required
- Heirs and beneficiaries receive assets directly once the court approves the petition
- Ideal for families seeking quicker resolution with fewer formalities
3. Disposition Without Administration
- Applies only to very small estates with no real estate and minimal personal property
- Usually limited to reimbursement of final expenses like funeral or medical bills
- Does not require court hearings or full probate filings
- Petition is filed with the court clerk and processed administratively
- Often used when the only asset is a small bank account or refund check
Which Probate Process Applies to Your Situation?
- If the estate includes real property or exceeds $75,000 – formal probate is likely required
- If the estate is small and the person passed away over two years ago – summary may be an option
- If there’s no real estate and only minimal personal funds – disposition without administration may qualify
The right type of probate depends on how the estate was prepared and what assets remain. Smart planning can reduce or eliminate the need for court involvement altogether. Visit our Avoiding Probate in Florida page to learn more about proactive options.
Guidance for Florida Families Navigating Probate
- Each probate process has its own rules and forms
- Mistakes or missed deadlines can delay distributions or cause disputes
- Understanding your options can save time, money, and stress
If you’re unsure which process applies or how to move forward, we’re here to help you understand your options and protect your family’s interests.