How Probate Works After a Death in Florida

Florida offers real, meaningful shortcuts around full probate for many families, alongside a distinctive homestead protection worth understanding.

What is summary administration?

Florida’s summary administration is a simplified probate process available for smaller qualifying estates, or in situations where the death occurred more than two years before the process begins. This is generally faster and less involved than full probate. An attorney can confirm whether a specific estate qualifies, since specific value thresholds change over time. See our companion piece explaining Florida’s small estate options in more depth.

Is there an even simpler option?

Yes - for very small estates, generally limited to exempt property along with certain funeral and final medical expenses, Florida offers Disposition of Personal Property Without Administration, which can avoid formal probate entirely for qualifying situations.

How does homestead protection affect probate?

Florida has particularly strong homestead protections, including specific constitutional restrictions on how a homestead property can be left in a will if there’s a surviving spouse or minor children. These protections can override certain provisions in a will, which surprises some families expecting a will to be the final word. This is genuinely worth discussing directly with a Florida-licensed attorney if it might be relevant.

Do I need an attorney for Florida probate?

Not always required for simpler estates using summary administration, but many families still choose to work with a probate attorney given the legal complexity involved, particularly where homestead protections might apply. The Florida Bar can help with attorney referrals if needed.

What should I do next?

If a will leaves a homestead property to someone other than a surviving spouse or minor children, check with an attorney whether Florida’s constitutional protections might override those instructions - this is a genuinely important detail to sort out in advance, not after the fact.

Add this to your Final Day Plan: if you have a surviving spouse or minor children, discuss with an attorney how Florida’s homestead protections might affect your will’s instructions for your home - it can override what you’ve written.

Florida law can change, and specific circumstances vary considerably. This is general educational information, not legal advice - consult a Florida-licensed attorney for guidance specific to your situation.