When someone passes away in Florida, their estate typically undergoes probate. Probate is the legal process where a court oversees how a person’s assets are gathered, debts are paid, and property is distributed to heirs or beneficiaries.

If there is a will, the court first checks that it is valid under Florida law. Suppose there is no will (known as dying intestate). In that case, the court determines how to distribute the assets and appoints the personal representative of the estate.

The personal representative (also called an executor) has several key responsibilities:

• Gathering and documenting all estate assets (real estate, vehicles, bank accounts, investments, jewelry, etc.).
• Notifying creditors and paying valid debts, including medical bills and funeral costs.
• Distributing remaining assets to heirs and beneficiaries.
• Closing the estate once everything is settled.

But did you know there are different types of probate in Florida? Let’s break them down.

Formal Administration (Formal Probate)

Formal administration is the most common type of probate in Florida. It takes place in the County Circuit Court where the person lived at the time of death.

A judge appoints a personal representative to manage the estate. Because the process can be complex and time-consuming, most personal representatives work with an experienced Florida probate lawyer to ensure everything is handled correctly.

Summary Administration

Summary administration is a simplified process for smaller estates. It can be used if:

• The total estate value is $75,000 or less, or

• The person passed away more than two years ago.

This process is generally faster and less expensive than formal probate. Instead of a complete court-supervised administration, the court reviews a petition that lists the assets and explains how they will be distributed. If approved, the assets will be transferred directly to the beneficiaries.

Disposition Without Administration

This is the least standard option and is only available for tiny estates. Technically, it is not probate because no estate administration is required.

It applies only if:

• There are no outstanding creditor claims.
• The total value of personal property is $20,000 or less.
• Non-exempt assets do not exceed the cost of funeral and medical expenses.

If you believe your loved one’s estate qualifies, our law firm can explain whether this option works in your situation.

Ancillary Administration

Ancillary administration is required if someone resides in another state but owns property in Florida—for example, a vacation home, a boat, or a real estate investment.

The primary probate happens in the person’s home state. Then, a Florida probate lawyer can open ancillary administration in Florida to handle the local property. This process usually does not require heirs to travel to Florida. It can be managed by your attorney with the proper documents (death certificate, authenticated will, primary probate filings, etc.).

Probate Litigation in Florida

Sometimes, probate is not straightforward. Disputes can arise that require probate litigation. Common cases include:

• Contesting the validity of a will or trust.
• Allegations of undue influence, fraud, or forgery.
• Removing or challenging the actions of a personal representative.
• Disputes among heirs or creditors.
• Attempts to modify the terms of a will or trust.

If you are facing probate litigation, our Miami probate attorney can guide you through the process and fight to protect your rights.

Speak with a Miami Probate Attorney Today

The probate process in Florida can feel overwhelming—especially while grieving a loved one. At Perez-Roura Law, attorney Pedro Armando Perez-Roura and his experienced legal team assist families in navigating all types of probate, including formal and summary administration, as well as complex probate litigation.

We provide knowledgeable, compassionate guidance every step of the way.

We would be proud to lend our knowledgeable and compassionate legal services to you during what must be a truly challenging time in your life. To schedule a free, no-obligation case evaluation, please contact Perez-Roura Law today at 305-570-3259.

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