Do You Need Probate in Florida? (2026)

Not all assets in a Florida estate need to go through probate. This guide explains which assets require court involvement and which pass directly to beneficiaries.

Assets That Avoid Probate in Florida

• Joint bank accounts (pass to co-owner)
• Payable-on-death (POD) accounts
• Life insurance (unless estate is beneficiary)
• Retirement accounts with named beneficiaries
• Trust assets (handled by trustee)
• Jointly held real property

Assets That Require Probate

• Bank accounts owned solely with no beneficiary
• Real property owned solely
• Vehicles titled in decedent's name only
• Sole business interests
• Personal property with no beneficiary designation

Attorney notice for formal administration: Florida requires a personal representative to be represented by a Florida attorney unless the personal representative is the only person interested in the estate (Florida Probate Rule 5.030(a)). Use this plan to organize the work with your attorney.

Florida's Streamlined Route

If the estate subject to administration (less exempt property) is $150,000 or less, or the decedent has been dead more than 2 years, Florida offers summary administration: no waiting period, and it often closes in 2 to 4 months (typical; varies by county). It is a court proceeding, and real property can be included. Property exempt from creditors includes protected homestead (Fla. Const. art. X, s. 4), exempt property under Section 732.402 (such as household furnishings, up to two vehicles and certain college plans) when a surviving spouse or children claim it, and the $1,000 constitutional personal property exemption. The court must determine homestead status, so ask the clerk or an attorney. Summary administration is not available if the will directs administration as required by chapter 733 (Section 735.201(1)), and the petition is signed by the surviving spouse and beneficiaries, or formal notice is served on those who do not join (Section 735.203).

Other Florida Procedures for Small Personal Property Estates

Florida also allows disposition without administration for estates of only exempt personal property plus limited other personal property (Fla. Stat. 735.301), and, for intestate estates after 1 year, up to $20,000 of nonexempt personal property (735.304, amended July 1, 2026). The court fee for this is up to $230 (Fla. Stat. 28.2401(1)(d)). Ask the clerk whether it fits.

Which procedure to file is a legal question for the clerk or a Florida attorney. ExecutorBench shows which procedures the published rules point to for the numbers you enter; it does not choose one for you.

Learn more in our Florida summary administration guide.

Quick Test

1. List all assets
2. Remove those with named beneficiaries or joint owners
3. Remove trust assets
4. Add up the remainder 4a. Subtract protected homestead and exempt property (the court decides homestead status). Exempt property under Section 732.402 must be claimed by the surviving spouse or children and confirmed by the court, and homestead is protected only when it passes to the surviving spouse or heirs (Fla. Const. art. X, s. 4(b)). ExecutorBench subtracts them only when you say a spouse or child survives
5. If the remaining value is $150,000 or less, or the decedent died more than 2 years ago, and the will does not direct formal administration, the published rules point to summary administration (Section 735.201)
6. If the value is over $150,000, the decedent died within the last 2 years, or the will directs administration, you may need formal administration, where an attorney is required unless the personal representative is the only interested person; ask the clerk or a Florida attorney which procedure to file

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Disclaimer: ExecutorBench is self-help software. It is not a law firm, it does not give legal advice, and it is not a substitute for the advice of an attorney. Using it does not create an attorney-client relationship, and what you enter is not protected by attorney-client privilege. For questions about your specific Florida estate, consult an attorney licensed in Florida.