Probate · Florida
Probate & settling an estate in Florida
In Florida, estates under $75,000 (summary administration threshold) can usually skip full probate. Florida offers summary administration for estates under the limit (or where the death was more than two years ago), and 'disposition without administration' for very small estates with only exempt property.
- Small-estate threshold
- $75,000 (summary administration threshold)
- How it works
- Florida offers summary administration for estates under the limit (or where the death was more than two years ago), and 'disposition without administration' for very small estates with only exempt property.
Probate is the court-supervised process of settling someone's estate — proving the will, paying debts, and distributing what's left. Most states offer a simplified 'small-estate' shortcut when the estate's value is below a set threshold, letting heirs use an affidavit instead of full administration. Assets with named beneficiaries (life insurance, retirement accounts, payable-on-death accounts) and jointly owned property usually pass outside probate entirely. Thresholds, timelines, and forms vary by state, so confirm with the local probate or surrogate's court.
Common questions
- What is the small-estate limit in Florida?
- $75,000 (summary administration threshold). Florida offers summary administration for estates under the limit (or where the death was more than two years ago), and 'disposition without administration' for very small estates with only exempt property.
- What assets skip probate?
- Assets with named beneficiaries — life insurance, retirement accounts, payable-on-death and transfer-on-death accounts — pass directly to the beneficiary. Jointly owned property with right of survivorship and assets in a living trust also avoid probate.
- How long does probate take?
- A simple estate often settles in a few months to a year; complex or contested estates take longer. Using a small-estate affidavit, where the estate qualifies, is usually much faster than full administration.
General guidance, not legal advice. Probate rules and thresholds change — confirm with the Floridaprobate or surrogate's court, or an attorney.