The Short Answer

In Florida, “small estate” options can let heirs transfer certain assets with less court involvement than a full probate case, but they are only available if the estate meets strict eligibility rules. If the estate is over the threshold, involves creditor risk, or has disputes, a full probate administration (often called formal administration) is usually required.

What Florida Law Says

Florida has more than one streamlined option for smaller estates. The two most common are (1) summary administration and (2) disposition without administration. These are designed to transfer assets to the people entitled to them, but they do not eliminate legal issues like creditor claims, beneficiary notice, or questions about what property is actually “subject to administration.”

The Statute

The primary law governing Florida’s “small estate” shortcut for probate is Fla. Stat. § 735.201.

This statute establishes that summary administration may be used when the estate (excluding certain exempt property) is $75,000 or less, or when the decedent has been dead for more than 2 years (and the will does not require formal administration).

Florida also allows disposition without administration for very limited estates under Fla. Stat. § 735.301, generally where the decedent left only exempt personal property and a small amount of nonexempt personal property tied to funeral and last-illness expenses.

If you want a deeper comparison, see: What Are Florida’s Small Estate Probate Options? and Can I Use a Small Estate Affidavit in Florida?.

Why You Should Speak with an Attorney

Even when an estate looks “small,” choosing the wrong procedure (or missing a legal requirement) can delay distribution, create personal liability for recipients, or trigger litigation later. Legal outcomes often depend on:

• Strict Deadlines: Summary administration can be available based on the 2-year rule in Fla. Stat. § 735.201, but creditor and title issues don’t always disappear just because time has passed.
• Burden of Proof: You still must correctly identify what assets are subject to administration, what is exempt, and who is legally entitled to receive each asset—mistakes can cause banks, title companies, or other institutions to refuse to transfer property.
• Exceptions and Liability Risk: Under Florida’s small-estate frameworks, recipients can face ongoing creditor issues and disputes if notice/payment requirements are not handled correctly (see, for example, the creditor-related provisions in Fla. Stat. § 735.301 and related Chapter 735 sections).

An attorney can quickly spot whether you qualify for a small-estate option, whether a full probate administration is safer, and how to reduce the risk of creditor problems or later challenges by omitted heirs/beneficiaries.

Get Connected with a Florida Attorney

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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.