Understanding Probate in Common Form (Florida)

Detailed Answer — What Florida Calls Probate in Common Form

Many states use the phrase “probate in common form” to describe a straightforward probate process where a will is admitted and a personal representative is appointed without a full contested hearing. In Florida, the law does not use the specific phrase “probate in common form.” Instead, Florida separates estate handling into several streamlined and formal procedures that serve the same practical purposes:

Informal administration — the routine probate process used when a will is presented and there is no substantial dispute. The court clerk typically issues letters of administration without a formal hearing, unless one is requested or required. See Florida’s probate administration rules and procedures in Chapter 733 of the Florida Statutes: Florida Statutes, Chapter 733.
Formal administration — used when a will is contested, when interested persons request a formal hearing, or when the estate’s circumstances require judicial supervision. Formal administration involves court hearings, notices, and written findings by a judge. See the general administration rules in Chapter 733: Chapter 733.
Summary administration and disposition without administration — simplified procedures for small or fully nonprobate estates. Summary administration is a faster process for certain small estates or when the decedent has been dead for a specified time. Florida also allows disposition of some personal property without any administration in limited cases. These options are found in Chapter 735: Florida Statutes, Chapter 735.

Put simply: what some states call “probate in common form” is most like Florida’s informal administration or, where the estate is very small, summary administration or disposition without administration. The clerk may admit a will and appoint a personal representative without a formal contested hearing, provided statutory requirements are met and nobody requests a formal proceeding.

How the Processes Differ (Practical Comparison)

Here is a concise comparison so you can see which Florida path most closely matches the idea of “probate in common form”:

Informal administration: Routine, administrative. The clerk issues letters after the will is filed and required notices are provided. Appropriate when there is no dispute and the estate is typical. (See Ch. 733.)
Formal administration: Judicial hearings and findings when parties dispute the will, the appointment, or estate accounting is required. Use this if an interested person demands a formal test of issues.
Summary administration / disposition without administration: Shorter, cheaper routes for small estates or where the decedent has been dead long enough that certain claims are barred. These are limited by statute and eligibility rules. See Ch. 735 for details.

Typical Steps in an Informal (Common-Form–Like) Probate

Locate the decedent’s will (if any) and original death certificate.
File the will and a petition for administration at the county probate clerk’s office.
The clerk notifies heirs, beneficiaries, and potential creditors as required.
The clerk issues letters of administration or letters testamentary if no objection is raised.
The personal representative collects assets, pays valid debts and taxes, and distributes remaining property according to the will or Florida intestacy rules.
The personal representative files required accountings and closes the estate with the clerk when duties are complete.

When to Consider Formal Administration Instead

Choose formal administration if any of the following apply:

Someone contests the validity of the will or the appointment of the personal representative.
The estate has complicated claims, unusual assets, or creditor disputes.
Multiple jurisdictions or ancillary administration is required.

Quick Statute References (Florida)

General administration (probate procedure): Florida Statutes, Chapter 733.
Summary administration and disposition without full administration: Florida Statutes, Chapter 735.
Wills and related rules: Florida Statutes, Chapter 732.

Helpful Hints

Start by finding the original will and a certified death certificate.
Check whether the estate might qualify for summary administration or disposition without administration in Chapter 735 before filing a full probate petition.
If nobody objects and the situation is straightforward, informal administration often proceeds more quickly and with less cost than formal administration.
Keep clear records: inventories, bills paid, and communications with beneficiaries reduce future disputes.
Notify known creditors and follow statutory notice requirements to limit personal liability as a personal representative.
Consider consulting a probate attorney if there are disputes, unusual assets (business interests, foreign property), or complex tax issues.

Where to Learn More and Next Steps

Review the chapters linked above for the statutory language that governs probate practice in Florida. For practical help, contact the clerk of the circuit court in the county where the decedent lived; their probate intake staff can explain local filing steps and provide forms. If any party contests the will or the process, speak with an attorney experienced in Florida probate.

Disclaimer: This article provides general information about Florida probate procedures and is not legal advice. It does not create an attorney–client relationship. For advice about a specific case, consult a licensed Florida attorney.