When Probate Administration Is Required And When It Is Not

Under Florida law, formal probate administration is required whenever the total value of all non-exempt assets in the estate exceeds a statutory threshold. Estates below that amount can usually be resolved through the summary administration process for small estates, but certain provisions in a Last Will and Testament can require an estate to go through probate administration even if it would otherwise meet the criteria for the simplified procedure. At Loughlin Law, P.A., our astute and client-focused attorneys are prepared to guide families through probate administration at every level of complexity. We may also be able to help you determine whether your loved one’s estate qualifies for summary administration under the 2026 expansion. Call 561-559-6214 or book a virtual consultation to let us know your needs.

Is Probate Always Necessary?

Many of our estate planning clients are eager to help their families avoid probate. Many of the families who come to us seeking assistance with Florida probate after a loved one has passed away are looking for ways to simplify the probate process as much as possible. These are two very similar concerns, seen from different vantage points and focused on different parts of the same process. The answer to both sets of questions is that probate is required in Florida for most estates and under most circumstances. The limited exceptions, however, can make a significant difference in how your family experiences probate administration.

Summary of Qualifications for Probate and When It Is Not Required

Probate administration is generally required for estates in Florida, although certain estates may qualify for summary administration. Non-probate assets, including life insurance proceeds, payable-on-death (POD) accounts, transfer-on-death (TOD) accounts, retirement accounts with designated beneficiaries, and jointly owned property with rights of survivorship, generally transfer outside probate and are not included in probate Loughlin Law, P.A. provides information and legal services related to probate administration, summary administration, and estate administration for individuals and families in Boca Raton and surrounding Florida communities.

When Do You Not Have To Go Through Probate?

We usually encourage our clients to think of formal probate as the “base case,” or the default setting, for probate administration in most situations. Florida law allows for two types of exceptions to this process, under tightly limited conditions.

When a Loved One’s Debts Exceed Their Assets: Disposition Without Administration

One of these exceptions, disposition without administration, only applies when the expenses associated with an individual’s final medical and burial expenses exceed the value of their probate estate. This version helps prevent families from enduring financial losses of their own just to confirm that their loved one was not able to leave them any worldly good. By its nature, disposition without administration tends to imply an unhappy set of circumstances in the deceased person’s life, and the scenario is mercifully uncommon.

Expedited Solutions for Small Estates: Summary Administration

The other exception is an expedited probate process called summary administration. This expedited form of probate also sets a limit on the value of the estate in most instances, but the limit is less restrictive. Although summary administration is technically a version of probate administration, its relative simplicity and shorter timeline compared to the formal probate make it appealing to many estate planners and personal representatives. When our estate planning clients ask us how they can “avoid probate” for their loved ones, or personal representatives come to our office asking whether “full” probate is required, often what they have in mind is determining the estate’s eligibility for summary administration.

Bypassing Probate: Specific Assets

On the other hand, sometimes when our clients ask us about strategies for avoiding probate in Florida, they are thinking more specifically of ways to transfer specific assets. There are a few types of property that transfer outside probate as a matter of course. Because eligibility for summary administration is usually determined by the estimated value of the estate, and Fla. Stat. § 735.201 excludes assets exempt from the claims of creditors from this calculation, many advanced estate planning techniques are organized around the principle of concentrating as much property as possible in these exempt categories.

Types of Property That Do Not Require Probate

Because of the way the Florida probate process is arranged, two distinct categories of assets may avoid distinct aspects of probate administration:

• Non-probate assets
• Exempt property

Estate planners and personal representatives alike can find these two categories easy to conflate at first glance, but their legal implications are somewhat different.

Non-Probate Assets

Non-probate assets are indeed “exempt” in the sense that they are not subject to creditors’ claims during probate, but the “exempt” label is not usually applied to them, precisely because they are not considered part of the decedent’s estate in the first place. Probate administration does not need to be opened for these assets to pass to their new owners, because they are transferred directly to these parties, either automatically or upon the presentation of appropriate paperwork. They are not included in early calculations to estimate the value of the estate (because, again, they already belong legally to someone else). The non-probate category may be further divided into a few categories.

Life Insurance Benefits

You can think of life insurance policies, and the benefits they pay out, as being the paradigmatic example of non-probate assets because much of their function lies precisely in their ability to pass directly to their designated beneficiaries. In fact, many individuals preparing their estate plans use the beneficiary designations on their life insurance policies for the express purpose of ensuring that their loved ones have ready access to financial resources in the days to weeks immediately following the planner’s own death. Making sure that beneficiaries are aware they have been named, so that they know to present the required documents promptly, is crucial to the effectiveness of this strategy, but in most cases all a life insurance beneficiary will need to do to receive their payouts is present the insurance company with the policyholder’s death certificate and proof of their own identity.

Bank Accounts

Many banks and credit unions offer payable-on-death (POD) designations as an option on their checking and savings accounts, and it is very common for individuals preparing their estate plans to make use of these designations to pass financial assets directly to individual beneficiaries. Accounts that are held jointly with right of survivorship will automatically become the sole property of the surviving owner or owners. Fla. Stat. § 655.79 establishes that joint tenancy with right of survivorship (JTWROS) is the normal joint ownership structure for shared personal financial accounts in Florida unless otherwise specified, so in these cases the surviving owner or owners will not need to follow additional steps to gain access to the accounts (but will probably want to provide the financial institution with proof of death, to prevent future discrepancies).

Designated beneficiaries will need to show proof of the former account holder’s death and proof of their own identities, much as they would to claim life insurance benefits. Whether the assets are transferred via POD designations or automatically as the result of JTWROS, the assets are considered to have new legal owners immediately upon the death of the decedent, and are therefore types of non-probate property under Florida law. Checking or savings accounts that are not jointly owned and have no beneficiary designations are considered part of the probate estate and will have to go through administration.

Retirement and Investment Accounts

Investment accounts, as well as retirement accounts, typically include transfer-on-death (TOD) designations. Some retirement programs have specific rules under which they provide death benefits directly to a surviving spouse, or in some instances to the decedent’s children. All of these generally pass directly to the named parties or on the basis of the qualifying relationship, and are therefore excluded from the probate process.

Jointly Held Assets

Although banking accounts, especially personal checking and savings, are one of the most common types of jointly held assets families may encounter in dealing with a deceased loved one’s finances, there are a variety of other assets that may also be held jointly. Right of survivorship tends to be the norm in Florida, but in some cases, particularly with shared business assets, each owner may retain the right to transfer his or her share, or “interest,” in the whole to a beneficiary. This transfer would generally occur via Will, and the property would have to go through probate; if there is any question about the right of survivorship, you may find it helpful to review the ownership documents with one of our Florida probate lawyers at Loughlin Law, P.A.

Does a Will Require Probate?

Any Last Will and Testament will need to be “proved” (that is, verified) to be considered a valid document and therefore one which can dictate the disposition of the testator’s property (a testator is a person who creates a Will to direct the way their property is handled once they are no longer alive) in the final stage of the probate process. “Probate” has the same root word as probe, so as you may guess from the etymological relationship, the process of “proving” a Will is frequently an important step in probate administration. You may even sometimes hear the stage of this process in which the Will is deposited with the court and validated by the judge referred to as “probating” a Will. In this sense, then, yes: A Will does require probate. There are some caveats, however.

Self-Proved Wills

The first caveat is that Florida law allows for “self-proved” Wills under Fla. Stat. § 732.503. If a testator has met all of the requirements, then this initial stage of the probate process is expedited. When the Will is not self-proved, the custodian of the Will has 10 days after receiving notice of the testator’s death to deposit the document with the Probate Court; in this instance, the Will will need to be validated by the court before the judge can issue letters of administration authorizing the personal representative to commence administration of the individual’s estate.

Wills in Probate Administration

The other major caveat is that whether you are thinking of validating the Will with the Probate Court or instead focusing on carrying out the final disposition of the testator’s assets, several other critical steps in the administration of a decedent’s estate must go forward regardless of what the Will says, and even when there is no Will at all. When an individual passes away without leaving a Will, they are said to have died intestate. Intestate estates still require probate administration in the same circumstances under which probate is carried out in testate (with a Will) estates; the difference is that the probate process will follow the rules of intestate succession, which orders how property is to be distributed in the absence of a Will, once creditors’ legitimate claims have been satisfied.

Get Answers To Your Probate Questions

The Florida probate lawyers at Loughlin Law, P.A. are committed to making each client’s journey through the probate administration process as stress-free as possible. From our office in Boca Raton, we serve families in Pompona Beach, Delray Beach, and nearby communities. If you are farther away, we offer virtual consultations for your convenience. Call 561-559-6214 to get started.

Frequently Asked Questions About Florida Probate Administration

The following frequently asked questions address common legal issues involving probate administration, summary administration, wills, and non-probate assets in Florida.

Is Probate Always Required In Florida?

Probate administration is required for most Florida estates unless the estate qualifies for a limited statutory exception such as summary administration or disposition without administration. Florida probate law generally requires court-supervised estate administration whenever probate assets exceed applicable statutory thresholds or another exception does not apply. Whether probate is necessary depends on the type of assets owned, beneficiary designations, ownership structure, and applicable Florida statutes.

When Can An Estate Avoid Formal Probate Administration?

An estate may avoid formal probate administration in Florida when it qualifies for summary administration or disposition without administration. Summary administration offers an expedited probate process for qualifying estates, while disposition without administration applies in limited circumstances involving final medical and burial expenses. Assets that pass directly to beneficiaries through contractual designations or survivorship rights also avoid formal probate.

What Assets Do Not Go Through Probate In Florida?

Non-probate assets generally transfer directly to designated beneficiaries or surviving owners without becoming part of the Florida probate estate. Common non-probate assets include life insurance proceeds with named beneficiaries, payable-on-death bank accounts, transfer-on-death investment accounts, many retirement accounts, and jointly owned property with rights of survivorship. These assets typically transfer according to beneficiary designations or ownership agreements rather than a probate court order.

What Is Summary Administration In Florida?

Summary administration is an expedited form of Florida probate administration available for qualifying estates that meet statutory eligibility requirements. Summary administration generally involves fewer procedural steps and a shorter timeline than formal probate administration. Eligibility depends on factors such as estate value, exempt property, applicable statutory requirements, and other circumstances recognized under Florida probate law.

Does A Last Will And Testament Require Probate?

A Last Will and Testament generally must be submitted to a Florida probate court before its terms can control the distribution of probate assets. Probate allows the court to determine the validity of the will and authorize estate administration. Even when a person dies without a will, Florida probate administration may still be required because Florida intestate succession laws govern the distribution of probate property.

What Is A Self-Proved Will In Florida?

A self-proved will is a Last Will and Testament that satisfies the requirements of Florida law, allowing the probate court to accept the will without additional witness testimony in many cases. A properly executed self-proved will can simplify the probate process by reducing procedural requirements during the court’s review. The document must comply with Florida statutory execution and notarization requirements.

How Does Joint Ownership Affect Probate In Florida?

Joint ownership with rights of survivorship generally allows property to transfer automatically to the surviving owner without probate administration in Florida. Joint bank accounts, certain real estate interests, and other jointly titled property often pass directly to the surviving owner upon death. Ownership documents remain important because not every jointly owned asset includes survivorship rights.

How May Loughlin Law, P.A. Assist With Florida Probate Administration?

Individuals and families navigating Florida probate administration may consider visiting with an experienced attorney at Loughlin Law, P.A. to learn more about available legal options. Attorneys at Loughlin Law, P.A. could help explain formal probate administration, summary administration, non-probate assets, probate timelines, and Florida estate administration procedures. The firm works to ensure individuals understand the probate processes that may apply to a particular estate.