Small estate / no real property
You probably qualify for summary administration.
If the estate you're dealing with is mostly bank accounts, a vehicle or two, maybe some personal property — and no Florida real estate — you're in the easiest category. Florida has fast-track paths designed exactly for this size estate, and the 2026 reform doubled the summary administration threshold to $150,000, which means thousands more estates now qualify for the cheap-and-quick path.
Three options usually apply, in order of cost: Disposition Without Administration for the very smallest (under $6k of non-exempt assets, plus you paid the funeral); Summary Administration for most ($1,950 flat, 6–10 weeks); Formal Administration only if the estate is over $150k or has complications.
If you've been told a small estate "still has to go through full probate," get a second opinion. The rules changed in July 2026 and many attorneys haven't updated their intake. The fast path probably exists for you.
What this means for you
- Summary administration probably fits. Non-exempt assets under $150k means yes, you qualify (FS 735.201).
- No real estate = simpler title transfers. Bank accounts, brokerage accounts, vehicles — all transfer with court order, no deed recording.
- Vehicles often have a separate small-estate process. Florida lets a surviving spouse or heir transfer a vehicle title with an affidavit (no probate at all) for vehicles up to $100,000 in value.
- Joint accounts and POD designations skip probate entirely. If accounts were already set up with right-of-survivorship or pay-on-death, those transfer automatically — outside any probate path.
- Disposition Without Administration is the cheapest option when applicable: $1,200 flat, no PR, no creditor period, just a one-time petition to reimburse final expenses.
Which path applies
Most situations route to one or two probate paths. Here are the most likely fits — read the detailed page on whichever feels closest, or use the consult to confirm.
What we watch for
Easy on people, tough on problems. These are the things that catch families off guard — we've seen them all and we plan around them.
- Forgetting digital assets. Crypto, online brokerage, PayPal, Venmo balances — these count and can push you over a threshold or be missed entirely. Our intake checklist covers them.
- Life insurance with no beneficiary. If the named beneficiary predeceased and no contingent was named, the proceeds become an estate asset. Worth $250k of policy can flip a small estate into a formal one.
- Counting joint accounts as estate assets. Truly joint with right of survivorship accounts pass automatically — they don't go through probate at all and don't count toward the threshold.
- Assuming the homestead bumps you out. It doesn't. Homestead and exempt personal property don't count toward the $150k limit.
- Missing the two-year cutoff. If it's been more than two years since the death, summary admin is available regardless of size. Worth checking before defaulting to formal.
Questions families ask us
Small estates are why fast-track probate exists — the law recognizes that not every situation needs a six-month formal proceeding. We're efficient with these because they don't need to be hard. Most clients are surprised how quickly it's over.