Frequently Asked Questions
When Is Probate Not Needed in Florida?
When everything the person owned passes outside their probate estate. Assets with a named beneficiary (life insurance, retirement accounts), pay-on-death or transfer-on-death accounts, jointly owned property with survivorship, a home that passed by a lady bird deed, and anything in a funded trust all skip probate. If the entire estate is made up of those, no probate is usually needed, just death certificates and some paperwork to retitle.
What Is the Difference Between Summary and Formal Administration?
Summary administration is a shortened probate for estates worth $75,000 or less (not counting the protected homestead) or when the person died more than two years ago; no personal representative is appointed and it often closes in weeks. Formal administration is the full process for larger or more recent estates: a personal representative is appointed, creditors are noticed, and it usually runs 6 to 12 months. Disposition without administration is an even simpler path for the very smallest estates with no real estate.
Does the Homestead Count Toward the $75,000 Limit?
No. The protected Florida homestead is generally excluded when measuring the $75,000 summary-administration threshold, and it often passes outside probate by its own descent rules (or by a lady bird deed). That is why a family with a valuable home but modest other assets can still qualify for the faster, cheaper summary administration. We confirm how the homestead is treated in your specific case.
How Much Does Each Type Cost?
Our flat fees start at $1,500 for disposition without administration, $2,500 for summary administration, and $3,500 for routine formal administration; larger formal estates are estimated at the consult. Government costs, the county filing fee, publication, and certified copies, are additional and passed through at cost. This tool gives you a likely path; we confirm it and quote a flat fee at a free consult.
Sources of Law
- Fla. Stat. §735.201 to §735.206 (summary administration), §735.301 (disposition without administration), ch. 733 (formal administration). Florida probate guide → · estimate the cost → (retrieved 2026-06-09)
Updated June 9, 2026. Reviewed by Kevin D. Klagge, Esq., Fla. Bar No. 99502. General information about Florida law, not legal advice. Do not send confidential information until we have agreed to represent you.