Probate in Florida
State-specific overview · Estate & Probate
Florida allows summary administration for estates under $75,000 or if the deceased has been dead for more than one year.
How Florida treats Probate
Florida's summary administration procedure, available under Florida Statutes § 735.201, lets heirs bypass formal probate if the estate is small or aged. This process is faster and cheaper than formal probate, requiring only a petition and court order rather than full estate administration. For larger or contested estates, Florida requires formal probate, but the state's probate code is known for being relatively efficient and straightforward. Florida also allows family succession for very small estates (under $40,000 in some cases) where heirs can collect assets with an affidavit alone.
The general definition of Probate
The court process of validating a will and distributing a deceased person's estate.
When someone dies, probate is the legal process where a court oversees the handling of their will and property. The court confirms the will is valid, identifies heirs and creditors, pays debts and taxes, and distributes what's left to the beneficiaries named in the will. It can take months or years and involves court fees and attorney costs.
Read the full Probate entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Florida.