Florida small estate probate is the simplified legal pathway that allows families to handle a loved one’s assets after death without going through the lengthy, expensive process of traditional court administration. When an estate is modest or meets specific criteria, Florida law provides streamlined options. These simplified procedures make it easier for families to transfer property and settle affairs quickly.
In this comprehensive guide, you will learn how Florida small estate probate works, including the two main simplified processes: Disposition of Personal Property Without Administration and Summary Administration. Both methods help families distribute assets faster, reduce legal costs, and provide relief during an already difficult time.
Whether you are currently managing a loved one’s estate or planning your own, understanding these Florida small estate probate options can save you significant time, money, and unnecessary stress.
Understanding Probate and Its Role in Florida
Probate in Florida is the court-supervised process of formally validating a deceased person’s Will, identifying and gathering all their assets, paying any debts or taxes owed, and finally, distributing the remaining property to the rightful beneficiaries or heirs.
When a person passes away owning assets solely in their name, the probate court oversees this transfer. Florida law provides three types of estate administration:
- Formal Administration: This is the standard, full probate process. It is required for estates with non-exempt assets valued at more than $75,000 or when the estate involves complex legal disputes. This process requires continuous court supervision, the appointment of a personal representative, and follows detailed rules found in Florida Statutes Chapters 731–735.
- Simplified Administration (Summary Administration): This is the most common form of Florida small estate probate. It is available for smaller estates that meet certain value thresholds. This method significantly reduces court involvement, legal costs, and waiting periods, making the transfer of property faster.
- Disposition of Personal Property Without Administration (DWA): This is the most streamlined option, reserved for only the smallest estates where assets barely cover the final funeral and medical expenses.
The court appoints a personal representative (sometimes called the executor) in formal administration. This person has the crucial job of locating and collecting assets, settling valid debts, and distributing the remaining property. In a simplified procedure, however, a personal representative is often not required.
What Qualifies as a Small Estate for Florida Probate?
In Florida, an estate is generally considered a “small estate” that qualifies for Florida small estate probate if the non-exempt assets total $75,000 or less. This threshold applies specifically to Summary Administration, one of the state’s most powerful streamlined options.
This $75,000 limit is unique to Florida and is a crucial number. To determine if an estate qualifies, you must first understand the difference between exempt and non-exempt assets.
Exempt Assets: Florida’s Unique Protections
Florida’s probate law offers powerful protection for certain assets that are automatically excluded from the $75,000 calculation. These “exempt assets” also pass to the family free from most creditor claims, which is a major benefit of Florida small estate probate.
- Homestead Property: This is the most significant exemption. Florida’s Constitution and statutes protect a decedent’s primary residence (homestead). This property’s value never counts toward the $75,000 threshold. This means an estate with a bank account of $50,000 and a million-dollar home may still qualify as a “small estate” for Summary Administration.
- Two Motor Vehicles: The value of up to two motor vehicles that the decedent or their immediate family used as personal vehicles is exempt, as long as each vehicle is under $15,000 pounds gross weight.
- Household Furnishings and Appliances: Household furniture, furnishings, and appliances in the decedent’s usual place of abode are exempt up to a net value of $20,000.
Assets Excluded From Probate Altogether
It is also important to remember that many assets bypass the probate process entirely, regardless of the estate’s size. These non-probate assets do not count toward the $75,000 threshold.
- Jointly owned bank accounts with rights of survivorship, meaning the surviving owner immediately gets full access
- Retirement accounts (like 401(k) s and IRAs) or life insurance policies with named beneficiaries.
- “Payable-on-Death” (POD) or “Transfer-on-Death” (TOD) bank accounts or securities.
- Assets held in a living trust.
By excluding the homestead, up to two vehicles, and all non-probate transfers, many seemingly large estates ultimately qualify for the simplified Florida small estate probate procedures.
Simplified Probate Option 1: Disposition of Personal Property Without Administration (DWA)
Disposition Without Administration is the quickest and easiest way to handle a small estate in Florida. It is reserved for the smallest of estates where assets are primarily needed to cover final expenses.
Eligibility Requirements
To qualify for a DWA, the estate must meet strict rules under Florida Statute §735.301.
- The decedent owned no real property (no home or land) at the time of death.
- The only assets are exempt personal property (like the motor vehicles or household goods), plus non-exempt personal property whose value is less than the total amount of the preferred funeral expenses and the last 60 days of medical/hospital bills.
- The primary purpose is to seek reimbursement for an individual who paid these final expenses.
The DWA Process
DWA is a simple, informal procedure.
- The interested party (usually the person who paid the final bill or the surviving spouse/child) files an informal application, affidavit, or petition with the Circuit Court.
- The person must provide a certified copy of the death certificate, proof of the assets, and itemized, paid receipts for the funeral expenses or medical bills they want reimbursed.
- The court reviews the application and, if satisfied the estate qualifies, issues a written order or letter. This order authorizes the bank or asset holder to release the funds directly to the person entitled to them.
This process eliminates formal hearings and is ideal for families who need quick access to a small amount of money to cover immediate, necessary expenses.
Simplified Probate Option 2: Summary Administration
Summary Administration is the other powerful option for Florida small estate probate. This process, governed by Florida Statute §735.201, is the most common shortcut for estates that do not qualify for DWA but are still under the major $75,000 threshold.
Eligibility Requirements
An estate can qualify for Summary Administration if one of two conditions is met:
- Value Test: The value of the entire estate subject to administration (non-exempt assets only) is $75,000 or less.
- Time Test: The decedent has passed away more than two years ago, regardless of the total value of the assets. In this case, all creditor claims are automatically barred by law, simplifying the process immensely.
Step-by-Step Overview of Summary Administration
While faster than formal probate, Summary Administration is a court-supervised process that requires meticulous document preparation. It is the most effective form of Florida small estate probate.
1. Prepare and Assemble the Required Documents
The foundation of a successful Summary Administration petition is complete, accurate information. You must gather and organize:
- Death Certificate: Obtain a certified copy.
- Last Will and Testament: (if one exists): The original Will must be “deposited” with the Clerk of Court.
- Petition for Summary Administration: This primary document must list the reason the estate qualifies (either the under-$75,000 value or the two-year death lapse). It must also include a comprehensive list of all probate assets, their current valuations, and a schedule outlining who will receive each asset.
2. File with the Circuit Court
You must submit the completed Petition for Summary Administration, the Will (if applicable), and all required supporting documents to the Circuit Court in the county where the decedent lived. The person who files is called the Petitioner.
3. Secure Beneficiary Consent or Serve Formal Notice
Florida’s simplified procedure works best when all interested parties agree.
- Waiver and Consent (Preferred): The quickest way forward is to have every beneficiary or heir sign a Waiver and Consent form. This document explicitly approves the petition and the proposed distribution, allowing the court to move forward immediately.
- Formal Notice: If a beneficiary will not sign a waiver, you must formally serve them notice of the Petition. This starts a 20-day period during which they can file an objection with the court. The judge cannot approve the petition until this period expires.
4. Address Creditors
If the decedent passed away less than two years ago, the Petitioner remains personally responsible for valid, unpaid creditor claims up to the value of the assets they received. To reduce this risk, you must conduct a diligent search for known creditors and ensure they are paid or addressed.
If the decedent was 55 years of age or older, you must also serve notice on the Agency for Health Care Administration (AHCA) to address any potential Medicaid estate recovery claims.
5. Court Order and Asset Distribution
Once the court confirms all statutory requirements are met, the judge issues an Order of Summary Administration. This powerful order legally transfers ownership of the described assets to the specified beneficiaries, concluding the streamlined probate process. This final step is achieved in weeks, significantly faster than formal administration, which can take many months.
Contact a Florida Estate Planning and Probate Attorney Today
Florida small estate probate procedures offer valuable shortcuts, but they are not free of potential challenges. Even small errors on a petition, miscalculations of the threshold, or failure to properly handle a single creditor claim can force the case into costly formal probate.
Our attorneys focus exclusively on estate planning and probate in Florida. This singular focus means we understand exactly how to leverage Florida’s unique homestead and motor vehicle exemptions, often allowing large total estate values to fit within the small estate procedures. We know precisely which waivers to file, which creditors need notice, and how to get the crucial Order of Summary Administration as quickly as possible.
Our team has earned over 425 awards, including recognition from the Tampa Bay Times’ Best of the Best for Estate Law and multiple Best Lawyers® designations. With decades of dedicated experience, our estate planning and probate lawyers provide unmatched expertise in Florida probate, helping families navigate small estate exemptions efficiently and confidently.
Do not let a complex legal process add to your family’s burden. Contact our office today for a free consultation and secure the professional guidance necessary to protect your family’s interests and preserve your legacy.
FAQs (Frequently Asked Questions)
What is the defining factor that qualifies an estate for Florida small estate probate?
In Florida, an estate primarily qualifies for simplified probate if the value of the non-exempt assets is $75,000 or less. The value of homestead property is constitutionally protected and is excluded from this calculation, allowing many estates to qualify despite having a valuable home.
What is the difference between Disposition Without Administration and Summary Administration?
- Disposition Without Administration is for extremely small estates that only need to transfer enough assets to cover paid funeral or final medical expenses. It involves a single, informal court filing.
- Summary Administration is for all other small estates where non-exempt assets are under $75,000 or where the decedent passed away more than two years ago. It requires a formal petition and court order but is much faster than formal probate.
Which assets are considered exempt from the claims of creditors in Florida small estate probate?
Florida’s most important exemptions are the decedent’s primary residence (homestead), two motor vehicles used by the family (under 15,000 lbs each), and up to $20,000 in household furnishings, furniture, and appliances. These assets are protected from most creditor claims and do not count toward the $75,000 threshold.
Can I use Summary Administration if the decedent passed away with a Will?
Yes, Summary Administration can be used whether a person died with a Will (testate) or without one (intestate), as long as the estate meets the value or time requirements. The only exception is if the Will itself specifically directs the estate to go through formal administration.
