Learn How to Probate a Small Estate in Florida

There are two ways to probate a small estate in Florida. Although probate is generally a complex, time-consuming, and costly process Florida law provides simpler and faster alternatives for smaller estates. 

What is Considered a Small Estate in Florida?

In Florida, a small estate is one that meets certain criteria, depending on the probate method, including:

• The value of the estate subject to probate (excluding exempt property such as homestead property or personal property exempt from creditor claims) does not exceed $75,000.
• The decedent has been dead for more than two years.
• The decedent’s debts are paid or the creditors do not object.
• The decedent’s heirs or beneficiaries are in agreement.

How to Probate a Small Estate in Florida

Florida law does not have a small estate affidavit process, which is a common way of avoiding probate in some other states. However, Florida does offer two alternative methods of probating a small estate, which are:

1. Disposition Without Administration

Disposition without administration is the simplest and least expensive way of probating a small estate in Florida, as it does not require any court involvement or formal proceedings. However, it is available only if:

• The estate consists only of personal property exempt from creditor claims (such as household furniture, appliances, two motor vehicles, etc.) and nonexempt personal property that does not exceed the amount of preferred funeral expenses and reasonable medical expenses of the last 60 days of the illness.
• There are no unpaid debts or claims against the estate, except those mentioned above.

To apply for disposition without administration, an interested party (such as an heir or beneficiary) must file an application with the court by affidavit, letter, or otherwise, along with supporting documents such as:

• A certified copy of the death certificate.
• A copy of the will, if any.
• Proof of payment of funeral expenses and medical expenses.
• Proof of ownership and value of the personal property.
• Proof of entitlement to receive the personal property.

If the court is satisfied that the criteria are met, it may authorize the payment, transfer, or disposition of the personal property to those entitled by letter or other writing under the seal of the court.

2. Summary Administration

Summary administration is a simplified and expedited form of probate that requires some court involvement but less than formal administration. It is available if:

• The value of the estate subject to probate (excluding exempt property) does not exceed $75,000; or
• The decedent has been dead for more than two years and there has been no prior administration of the estate.

To initiate summary administration, any beneficiary or person nominated as the personal representative in the decedent’s will must file a petition for summary administration with the court along with:

• A certified copy of the death certificate.
• A copy of the will, if any.
• A list of assets and liabilities of the estate.
• A list of beneficiaries and their addresses.
• A statement that either:
  • The value of the estate does not exceed $75,000; or
  • The decedent has been dead for more than two years.
• A statement that either:
  • The estate is not indebted; or
  • The creditors have been served with notice and have not objected within three months.

If all beneficiaries consent to summary administration and the court is satisfied that the criteria are met, it may issue an order of summary administration, which distributes the assets of the estate to the beneficiaries without appointing a personal representative or requiring further proceedings.

We Can Help You Probate a Small Estate in Florida

Probating a small estate in Florida may seem simple and straightforward; however, it can still involve legal complexities and challenges, so you need professional guidance and assistance to ensure that you comply with the law, protect your rights and interests, and avoid any potential pitfalls or disputes. 

Jurado & Associates, P.A. is a trusted and experienced law firm that specializes in probate and estate planning. We can help you with:

• Determining whether your estate qualifies for disposition without administration or summary administration.
• Preparing and filing the necessary documents and forms with the court.
• Communicating and negotiating with creditors and beneficiaries.
• Resolving any issues or conflicts that may arise during the process.
• Ensuring that the assets are distributed smoothly and efficiently.

We will handle your case with care, compassion, and professionalism, keeping you informed and involved throughout the process. Our lawyers will work hard to achieve the best possible outcome for you and your loved ones.

You can reach us by phone at (305) 921-0976, by email at [email protected]m, or by WhatsApp at +1 (305) 921-0976.