Florida has several ways to settle a decedent’s affairs. Which one fits depends on where the person lived, how their assets were owned, the value of the Florida probate assets, how long ago they died, and whether anyone needs ongoing authority to act for the estate. Many families need more than one: for example, a trust administration plus a small probate for an asset left outside the trust.
The procedures at a glance
| Procedure | Typically used when | Who acts | Learn more |
|---|---|---|---|
| Formal administration | The estate does not qualify for summary administration, or someone needs ongoing authority | A court-appointed personal representative with letters of administration | Formal administration |
| Summary administration | Florida probate assets, less exempt property, are $150,000 or less, or the death was more than two years ago (§ 735.201) | No personal representative; a court order directs the transfers | Summary administration |
| Ancillary administration | The decedent lived in another state or country but left Florida property (§ 734.102) | An ancillary personal representative, or a short-form procedure for small testate estates (§ 734.1025) | Ancillary probate |
| Disposition without administration | Only exempt property and very small personal property remain (§ 735.301, § 735.304); or bank funds of $2,000 or less (§ 735.303) | A court letter, an heir’s affidavit, or a family member’s affidavit to the bank | Bank accounts |
| Trust administration | Assets are in a trust | The successor trustee, usually without a court case (§ 736.05055) | Trust administration |
How to tell which applies
- List every asset and how it is titled. Assets with a named beneficiary, a surviving co-owner, or a trust as owner usually pass outside probate. See why probate is required.
- Total the Florida probate assets (those in the decedent’s name alone), and subtract exempt property, such as a protected homestead.
- Check the date of death. More than two years ago opens summary administration regardless of value.
- Check where the decedent lived. A Florida resident’s estate is filed in the county of domicile; a nonresident’s Florida property is handled where it is located (§ 733.101).
- Ask whether anyone needs ongoing authority, for example to sell property over time, pursue a claim, or resolve disputes. If so, formal administration is usually the better fit even when summary administration is available.
Related situations
- Florida homestead after death
- Probate real estate and title
- Probate for wrongful-death and settlement matters
- Probate fees and costs
- Florida estate planning
- Answers to common questions
How Kracht Law Firm can help
The firm reviews the documents and how each asset is owned, recommends a procedure, prepares and files the petitions and notices, works with title companies and financial institutions, and explains the fee arrangement in writing before representation begins.
Sources: Florida Statutes § 733.101, § 734.102, § 734.1025, § 735.201, § 735.301, § 735.303, § 735.304, and § 736.05055 (2026), and the sources on each linked page. Checked on October 23, 2026.