Estate · Skip Probate
Small-Estate Limit in Florida
How large an estate can skip full probate in Florida, what counts toward the limit, the procedure to use, and the recent changes to watch. Cited to the statute.
How the small-estate limit works in Florida
The procedure, what counts toward the dollar limit, and what is left out.
| How it works | What it means |
|---|---|
| Summary administration, a court petition | Florida’s small-estate route is summary administration, a court petition under §735.201, not a self-executing affidavit like California, Texas, or Illinois. |
| Two ways to qualify | The statute allows it where the value of the estate subject to administration, less property exempt from creditors, does not exceed $75,000, or where the decedent has been dead for more than two years, at any value. |
| Will or no will | Summary administration is available with or without a will, unless the will directs formal administration under chapter 733. |
| What does not count | What it means |
|---|---|
| Exempt property does not count | Property exempt from creditors, such as homestead, certain personal property, and allowances, is subtracted before applying the $75,000 test. |
| Disposition without administration is even smaller | For a very small estate made up only of exempt property plus amounts to cover final and medical expenses, §735.301 disposition without administration avoids formal proceedings entirely. That is a separate, lower tier. |
| Non-probate assets are outside the estate | Payable-on-death, transfer-on-death, jointly held, and beneficiary assets pass outside probate and do not count toward the threshold. |
What you can do right now
Concrete, neutral steps to settle a small estate in Florida. This is legal information, not legal advice.
- Check both qualifying paths
Summary administration works if the estate subject to administration, less exempt property, is $75,000 or less, or if the person died more than two years ago at any value.
- Subtract exempt property first
Take out homestead, exempt personal property, and allowances before measuring against the $75,000 cap. That often brings a larger estate under the line.
- Consider disposition without administration
If the estate is only exempt property plus final expenses, the even simpler §735.301 route may avoid court proceedings entirely.
- Talk to a Florida probate attorney to file the petition
Summary administration is a court petition, not a form you file at a bank. A licensed Florida attorney can prepare it. The Florida Bar can refer you to one.
Whether an estate qualifies turns on what counts toward the limit and the procedure your state uses. This resource can connect you with a licensed estate attorney.
→ The Florida Bar — Lawyer Referral ServiceThis is general legal information, not legal advice. What counts toward the limit, whether there is a will, and whether real estate is involved can change the answer, so confirm with a licensed attorney.
What people get wrong about the Florida small-estate limit
Florida is the odd one out among small-estate states, in two ways. First, its shortcut is summary administration, a court petition under §735.201, not a form you take to a bank the way California, Texas, and Illinois affidavits work. Second, it has two doors, not one. You qualify if the estate subject to administration, minus property exempt from creditors, is $75,000 or less, or if the person has simply been dead for more than two years, no matter the size. That two-year door exists because after two years Florida also cuts off creditor claims, which makes formal administration unnecessary. The word exempt matters: homestead, certain personal property, and allowances come out before you apply the $75,000 test, so a larger estate can still fit. For the very smallest estates, made up only of exempt property plus final expenses, an even simpler procedure called disposition without administration skips court entirely. Match your estate to the right door and you avoid full probate.
Common questions
What is the small-estate limit in Florida?
$75,000. Summary administration is available where the estate subject to administration, less exempt property, does not exceed $75,000, under §735.201. It is a court petition, not an affidavit.
Can any size estate use summary administration in Florida?
Yes, if the person has been dead more than two years. Section 735.201 allows summary administration for an estate of any value once the decedent has been dead for more than two years.
Does exempt property count toward the Florida $75,000 limit?
No. Property exempt from creditors, including homestead, certain personal property, and allowances, is subtracted before applying the $75,000 test, so it does not count against the cap.
What is disposition without administration in Florida?
A separate, simpler route under §735.301 for a very small estate made up only of exempt property plus amounts to cover final and medical expenses. It avoids formal proceedings entirely.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.