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Florida Probate

Summary or formal administration?

Most Florida estates take one of two paths through probate. Work down the questions to see which one an estate is likely to need.

  1. Is there a will, and does it direct formal administration?

    Yes → Formal administration No, or there is no will → Keep going

  2. Has the person been deceased for more than two years?

    Yes → Summary administration may be available No → Keep going

  3. Is the estate subject to administration in Florida, less the value of property exempt from creditors’ claims, worth $150,000 or less?

    Yes → Summary administration may be available No → Formal administration

Summary administration

The shorter, less expensive path. No personal representative is appointed. The court reviews a petition and enters an order distributing the assets.

Formal administration

The standard process. The court appoints a personal representative, creditors receive notice, and the estate is settled under court supervision.

Criteria from section 735.201, Florida Statutes. The $150,000 threshold took effect July 1, 2026, raised from $75,000 by chapter 2026-57, Laws of Florida, so older guides still cite the lower figure. Very small intestate estates may instead qualify for disposition without administration.

This guide is general information about Florida law, not legal advice, and every estate turns on its own facts.

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