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Florida probate is the legal process used to administer a deceased person’s estate, ensure debts are properly resolved, and transfer assets to rightful beneficiaries. Depending on the size of the estate, the type of assets involved, and whether the decedent was a Florida resident, probate may proceed through formal administration, summary administration, or ancillary administration. Each option serves a specific purpose under Florida law and requires careful legal guidance to ensure compliance and efficiency.

Formal administration

Formal administration is the most comprehensive type of probate and is typically required when the estate exceeds $75,000 in non-exempt assets or when creditors must be formally addressed. The court appoints a Personal Representative who is responsible for gathering assets, notifying creditors, resolving claims, and distributing the estate according to the will or Florida intestacy laws. This process provides full court supervision and is often necessary for complex estates or where disputes may arise.

Summary administration

Summary administration offers a simplified alternative for qualifying estates. It is generally available when the total value of the estate subject to probate is $75,000 or less, or when the decedent has been deceased for more than two years. This process does not require the appointment of a Personal Representative and allows for a faster, more cost-effective transfer of assets. However, it may not be suitable if there are outstanding creditor concerns or complicated asset structures.

Ancillary administration

Summary administration offers a simplified alternative for qualifying estates. It is generally available when the total value of the estate subject to probate is $75,000 or less, or when the decedent has been deceased for more than two years. This process does not require the appointment of a Personal Representative and allows for a faster, more cost-effective transfer of assets. However, it may not be suitable if there are outstanding creditor concerns or complicated asset structures.

Our services

Service

Last Will and Testament

Revocable Living Trust

Durable Power of Attorney

Health Care Surrogate

Homestead Planning

Asset Protection Planning

Probate Administration

Trust Administration

What It Protects

Asset distribution & guardianship

Avoids probate

Financial decision-making

Medical decisions

Primary residence

Wealth preservation

Estate settlement

Managing trust assets

Why It Matters in Florida

Ensures compliance with Florida probate law

Maintains privacy and simplifies administration

Critical for incapacity planning under Florida law

Protects your wishes during incapacity

Unique Florida constitutional protections

Shields assets from future creditor claims

Required court process without proper planning

Ensures legal compliance and smooth transfer

Get A Free Initial Estate Planning Consultation

Call us at (772) 324-5437 or directly on cell phone (772) 341-7031 to set up a free initial Probate consultation with an attorney to discuss your estate planning needs. 

There is no charge for the initial consultation — only a flat-fee for the actual preparation and execution of your estate planning documents. Please feel free to call for an estimated fee range quote based on a brief assessment of your situation. We are available for some weeknight and Saturday appointments by request.