Do All Estates Go Through Probate In Florida? 

Navigating probate estate requirements can be challenging, especially for individuals who are grieving the loss of a loved one. Some of the most common questions in regard to Florida probate concern the exemptions that can help an estate to qualify for the simplified administration of small estate probate. An attorney with Loughlin Law, P.A. may be able to help you review the particulars of your situation and determine whether simplified estate administration may be an option. Call 561-559-6214 today to schedule a consultation. 

Formal Probate Alternatives 

In some states, “probate” is used in contradistinction to the administration of a decedent’s estate by intestate succession, which is applied when the deceased person has not left a valid Last Will and Testament. In Florida, however, state laws generally use “administration” to refer to the handling of decedents’ estates regardless of whether the individuals died intestate, and both the probate of a Will and the procedures of intestate administration fall under the jurisdiction of the state’s Probate Courts. As a result, the much more common distinction to be drawn in the Sunshine State is between formal administration, which comprises the highly regimented procedures typically associated with probate, and summary administration, which accomplishes much the same goals through a streamlined process intended for the probate of small estates.

Estate Planning Strategies and Probate Avoidance

Because it is generally recognized that the essential tasks of transferring assets, paying final expenses, and closing a deceased person’s accounts must be carried out in some fashion, when Florida residents speak of a desire to “avoid probate” they most often mean avoiding formal probate in favor of qualifying for the simplified process of summary administration. This is a key point, as summary administration is only available for estates that meet certain criteria under Florida law.

Small Estate Probate

Technically speaking, summary administration is one of two procedures provided under Chapter 735 of the Florida Statutes, which outlines the handling of small estates. Chapter 735 is divided into two “parts”; the first covers summary administration, while the second is devoted to a process known as disposition of personal property without administration. In most cases, individuals who wish to avoid probate in Florida are most interested in summary administration. 

Disposition of Personal Property Without Administration

The “without administration” portion of this term can be confusing, as it is already well-established that some form of “management” – otherwise known as administration – is generally necessary to close out an estate. Personal disposition without administration applies only in very limited situations in which the decedent leaves behind only:

• Personal property exempt from probate proceedings and creditors’ claims
• Nonexempt personal property whose value is no greater than the costs of the individual’s final expenses

The Clerk of the Circuit Court & Comptroller for Palm Beach County further specifies that the net value of the exempt property may not exceed $20,000 – a cap that serves to explain why individuals interested in preparing estate plans to avoid Probate in Florida do not usually target this particular outcome.

Summary Administration

Also more limited in applicability than the more common process of formal probate Florida provides, summary administration may be implemented by the petition of the personal representative or by any interested party if more than two years have passed since the decedent’s date of death, or if the total value of the probate estate does not exceed $75,000. There are a number of estate planning tools that Florida residents may employ to ensure that their loved ones are able to avoid probate by going through summary administration instead.

Achieving Small Estate Probate Through Exemptions

Although there are several distinct estate planning tools that can help Florida residents avoid probate, almost all of them work by ensuring that the property itself, the way it is held, or the mode by which it will be transferred, meet the criteria for exemptions from formal probate set by Florida law. Sometimes there is overlap between these basic mechanisms, for instance when a type of property is only exempt from probate when it is transferred to certain parties (usually defined by marriage or consanguinity vis-à-vis the decedent).

Probate Exemptions for Types of Property

A few types of property are typically exempt from Florida probate due to the nature of the property itself. The primary examples in this category include:

• Properly designated “homestead” property, as provided in the state constitution
• The so-called “death benefits” paid to school employees under § 112.1915, Florida Statutes
• Household property of up to $20,000
• Up to two motor vehicles used for personal transportation 

Certain types of college tuition prepayments are also generally considered exempt and typically do not count “against” an estate in determining eligibility for small estate probate.

Probate Estate Requirements for Jointly Owned Property and Assets Held in Trust

Property that is owned jointly “with right of survivorship” (very common, especially between spouses) will in most cases revert one owner’s “interest” in the property (that is, his or her share in its ownership or property rights) directly to the surviving owner upon the other’s death. The same generally holds true even when there is more than one joint owner surviving (a less common situation); in that case, the deceased owner’s share of ownership is generally understood to be divided equally among all remaining owners.

Trusts are very commonly established with the precise goal of meeting probate estate requirements for summary administration, so they certainly can qualify for probate exemptions under certain circumstances. However, the way the trust is set up and administered can matter a great deal. Trust management tends to be among the more complicated issues families encounter in estate planning, as well as in navigating Florida’s probate estate requirements, so do not hesitate to reach out to a probate attorney with Loughlin Law, P.A. if you have questions or concerns.

Asset Transfer Probate Exemptions

There are a few means of transferring assets that avoid probate by the way the transfer process takes place. Tools in this category include:

• “Lady bird” deeds or enhanced life estate deeds
• Beneficiary designations on accounts

The goal of these direct transfers in many cases is not only to keep the assets involved from being subject to probate estate requirements for creditors’ claims and potential dispute, but also to ensure that the designated beneficiaries receive the property left to them as efficiently as possible. An experienced probate attorney may be able to help you evaluate your estate planning tools and make any needed updates.

Consult a Florida Probate Lawyer

If you are reviewing probate estate requirements in preparation for probating a loved one’s estate, you will likely have questions about whether you have identified all exemptions on the decedent’s property prior to beginning the probate process. If you are preparing your own estate plan in hopes of ensuring that your personal representative will be able to take advantage of Florida’s rules for small estate probate, on the other hand, you may have questions about how to ensure those exemptions as part of your estate planning process. At Loughlin Law, P.A., we are proud to serve both individuals developing their estate plans and those who serve as personal representatives to their loved ones’ estates. Contact our office today to schedule a consultation by calling 561-559-6214 to set up your private consultation.