Florida Probate Types: Complete Comparison
Find the right probate procedure for your situation
Compare eligibility, costs, timelines, and requirements
Summary vs Formal Administration at a Glance
| Category | Summary | Formal | Winner |
|---|---|---|---|
| Eligibility | Estate under $75,000 or 2+ years since death | Any estate value | Summary |
| Filing Fee | $236-$346 | $401 | Summary |
| Timeline | 3-6 months | 6-12+ months | Summary |
| Attorney Required | No (recommended) | Yes (legally required) | Summary |
| Court Supervision | Limited | Full court oversight | Summary |
| Real Estate | Allowed | Allowed | Tie |
All Florida Probate Options
| Probate Type | Threshold | Filing Fee | Timeline | Real Estate | Attorney |
|---|---|---|---|---|---|
Disposition Without Administration F.S. 735.301 / 735.304 | Only certain personal-property estates; no real estate | $232 | A few weeks to a couple of months | No | No |
Summary Administration F.S. 735.201 | Under $75,000 or 2+ years since death | $236-$346 | 3-6 months | Yes | No (recommended) |
Formal Administration F.S. Chapter 733 | Over $75,000 or complex estates | $401 | 6-12+ months | Yes | Yes (required) |
* Filing fees are standardized across Florida per state statutes.
Detailed Comparison
Disposition Without Administration
F.S. 735.301 / 735.304
Exempt-property/final-expense cases or certain intestate personal-property estates after 1 year
Summary Administration
F.S. 735.201
Small to medium estates and older estates
Formal Administration
F.S. Chapter 733
Large estates, disputes, or complex situations
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Take Free AssessmentFrequently Asked Questions
What is the threshold for summary administration in Florida?
Summary administration is available for estates under $75,000 (excluding exempt property) or when the death occurred more than 2 years ago, regardless of estate value.
What counts for disposition without administration in Florida?
Disposition Without Administration is narrower than a flat dollar cap. It is usually limited to exempt property plus preferred funeral and last-60-days medical expenses, or certain intestate personal-property estates with up to $10,000 of nonexempt personal property after the decedent has been dead more than 1 year.
Do I need an attorney for probate in Florida?
Florida law requires an attorney for formal administration. Summary administration and disposition without administration do not legally require an attorney, but one is recommended for complex cases.
What is the difference between summary and formal administration?
Summary administration is faster (3-6 months vs 6-12+), cheaper (no attorney required), and has limited court oversight. Formal administration is required for larger estates and involves full court supervision.
Can I use summary administration if the estate has real property?
Yes, summary administration can handle real property. However, disposition without administration cannot be used if the estate includes real estate.
Probate Costs →
Detailed breakdown of fees, attorney costs, and total expenses
Small Estate Guide →
Step-by-step instructions for simplified procedures
Sources & Verification
Legal Authority: Florida Statutes Chapter 733-735
Last Verified: March 2026
Filing fees are standardized across Florida per state statutes.
This content is for informational purposes only and does not constitute legal advice. Laws and fees may change. Always verify current requirements with your local court clerk before filing.