EstateProbate and small estates in Florida
Last reviewed Oct 29, 2026 · EstateHowTo editorial team · How we research
Key facts
Key factsSummary administration for estates up to $150,000 (less exempt property), or when death was more than 2 years ago.
Personal representative commission presumed reasonable in formal administration: 3% of the first $1 million, 2.5% above $1M to $5M, 2% above $5M to $10M, 1.5% above $10M.
No. Florida has no statute authorizing transfer on death deeds for real estate. Florida’s transfer-on-death law covers securities registrations (Fla. Stat. ch. 711), not land. Homeowners often use other tools, such as a revocable trust; homestead property also has special restrictions on how it can pass at death.
Fla. Stat. § 735.201 (amended by ch. 2026-57)
Do you need probate?
Do you need probate?Assets that usually skip probate:
- Jointly owned property with right of survivorship
- Payable-on-death (POD) and transfer-on-death (TOD) bank and brokerage accounts
- Life insurance and retirement accounts with a living named beneficiary
- Property titled in a living trust
- Real estate with a transfer on death deed, where the state allows one
What usually requires probate:
- Assets in the person’s sole name with no beneficiary or co-owner
- Real estate in the person’s sole name with no TOD deed or trust
- An estate above the state’s small-estate limit, or one that doesn’t qualify for the shortcut
- Debts or disputes that need a court-appointed representative
Florida shortcut: Summary administration for estates up to $150,000 (less exempt property), or when death was more than 2 years ago.
Quick decision guide
- Did the person own anything in their sole name with no beneficiary, co-owner or trust? No → probate is usually not needed (but check the will-filing rule below). Yes → go to 2.
- Is that property under the state’s small-estate limit or eligible for its simplified procedure? Yes → use the shortcut. No → a probate case is usually needed.
What you may still have to do with no probate
Yes, within 10 days. Whoever has the will must deposit it with the clerk of the circuit court for the county where the estate would be handled within 10 days after learning of the death, and give the clerk the date of death or the last four digits of the decedent’s Social Security number. This applies even if no probate is planned.
- Custodian must deposit the will with the clerk within 10 days after learning of the death. Source: Fla. Stat. § 732.901, checked Oct 29, 2026.
When do you need probate? · How to file a will after someone dies
Details and sources
- Summary administration is available when the estate subject to administration in Florida, less exempt property, does not exceed $150,000, or the decedent has been dead more than 2 years (and a will does not require formal administration). Source: Fla. Stat. § 735.201 (amended by ch. 2026-57), checked Oct 29, 2026.
Find your court: Florida probate courts by county.