top of page

Is Probate Always Required in Florida? What the Law Actually Says

Updated: Jun 27

Last Will and Testament, wooden gavel, and red probate file, representing Florida probate requirements and estate legal process

Introduction: The Confusion Around Probate 

If you’ve recently lost a loved one in Florida, one of the first questions you might be asking is: “Do we have to go through probate?” 

You’re not alone. Probate can feel overwhelming, especially when you're dealing with grief, family responsibilities, and legal uncertainty all at once. Some families assume it’s required for everyone. Others skip it altogether, only to find themselves facing court delays, frozen accounts, or unexpected disputes months later. 

Here’s the truth: Probate is not always required in Florida. However, it is often the case, and knowing which applies to your family can save you time, money, and heartache. 

This guide will walk you through when probate is required in Florida, when you might be able to avoid it, and how to move forward with clarity and confidence. 

 

 

What Is Probate in Florida? 

Probate is the legal process supervised by a court to administer and settle a deceased person’s estate. It includes: 

  • Verifying the validity of a Will (if one exists) 

  • Appointing a Personal Representative (also called an executor) 

  • Identifying and gathering all of the decedent’s assets 

  • Paying off outstanding debts, taxes, and final expenses 

  • Distributing the remaining assets to the rightful heirs or beneficiaries 


In Florida, there are two main types of probate proceedings: 

1. Summary Administration 

Summary administration is a simplified version of probate available when: 

  • The estate is valued at $75,000 or less, or 

  • The decedent has been deceased for more than two years 

This process is quicker, often less expensive, and doesn’t require the appointment of a Personal Representative. 


2. Formal Administration 

This is a more complex type of probate. It is required when: 

  • The estate’s value exceeds $75,000 

  • Real estate is involved 

  • There are disputes or complexities 

Formal administration involves greater court oversight, more stringent filing requirements, the appointment of a Personal Representative, and takes a lot longer. 


When Probate Is Required in Florida 

In Florida, probate is required when a deceased person: 

  • Owned assets solely in their name (like a car, home, or bank account with no co-owner or beneficiary) 

  • Left no named beneficiaries on life insurance policies, retirement accounts, or financial assets 

  • Did not establish a revocable living trust to hold those assets 

  • Owned real property (real estate) solely in their name 

  • Left outstanding debts that need to be resolved through the estate 

  • Pending litigation that needs a Personal Representative to resolve it 

In these cases, the estate cannot be legally distributed until a probate court authorizes it. 

Florida courts must also ensure that: 

  • The rightful heirs are determined 

  • Creditors are notified and paid 

  • The estate is fully and fairly administered 


When Probate Is Not Required in Florida 

Fortunately, not all assets are subject to probate. Here are common examples where probate can be avoided in Florida


1. Joint Ownership with Rights of Survivorship 

Assets like jointly held real estate or joint bank accounts automatically pass to the surviving owner without probate. 


2. Beneficiary Designations 

Life insurance policies, retirement accounts (like IRAs or 401(k)s), and payable-on-death (POD) accounts transfer directly to the named beneficiary. 


3. Revocable Living Trusts 

Assets placed in a living trust before death bypass probate entirely. The Successor Trustee handles distribution privately. 


4. Lady Bird Deeds (Enhanced Life Estate Deeds) 

In Florida, this deed allows a homeowner to retain control of their property during life, while designating a beneficiary who inherits the property upon death, without probate. 


5. Small Estate Options  

If the estate only contains minimal personal property (like household items or a final paycheck), it may qualify for Disposition Without Administration, Florida’s least formal estate settlement process. 


Summary vs. Formal Administration: What’s the Difference?  

Your Letter of Intent doesn’t replace legal documents; it enhances and personalizes them. 

Summary Administration

Formal Administration

For estates under $75,000 

Required for estates over $75,000 

OR if the decedent has been dead greater than 2 years 

Often involves real estate or disputes 

Faster, usually 1-3 months 

Longer process, can take 6-15 months 

Fewer court filings and no Personal Representative required 

Full court oversight with a Personal Representative

Often cheaper in legal fees 

More detailed administration and paperwork 

Choosing the right probate path depends on the estate’s value, type of assets, whether the decedent had creditors, and family dynamics. 


How to Know If Your Family Needs Probate 

You may need to open probate if the answer to any of these is YES: 

  • Are there assets solely in the deceased’s name? 

  • Was there no living trust in place? 

  • Are there creditors or outstanding bills? 

  • Is there real estate involved? 

  • Is there a need to transfer legal title to heirs? 

  • Is a bank or financial institution telling you that you need an executor or personal representative appointed? 

When in doubt, speak with a probate attorney. It’s better to confirm than to make assumptions and delay important steps. 


Final Thoughts: You Don’t Have to Guess 

The Florida probate process doesn’t need to be intimidating. The key is knowing when it applies, what steps you need to take, and when you can avoid it entirely. 

At Legacy Solutions Law Firm, we’re here to make that decision easier. We’ve helped hundreds of Florida families navigate probate efficiently and compassionately, whether it was required or not. 

Let’s help you: 

  • Determine if probate applies to your situation 

  • Choose between a summary and a formal administration 

  • Avoid delays and family conflict 


Book Your Free Consultation Today -

A no-pressure, no-obligation call with a real attorney. 




Florida Probate Law References: 

  1. Chapter 731, Florida Statutes - General provisions of probate code  http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0731/0731.html 

  2. Chapter 732, Florida Statutes - Intestate succession and elective share  https://www.flsenate.gov/Laws/Statutes/2023/Chapter732 

  3. Chapter 733, Florida Statutes - Probate administration rules (e.g. summary vs formal)  https://www.flsenate.gov/Laws/Statutes/2023/Chapter733 

コメント


Subscribe to our newsletter

8.jpg

We’re here to help you take the next step with clarity and care.

Whether you’re ready to get started or just have questions, reach out — we’ll listen, guide, and support you every step of the way.

bottom of page