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By Spiro Verras

An estate does not need to be large for thoughtful planning to be useful. Clear documents can identify who should help during incapacity, who should receive property, and how the people you care about can move forward with fewer unanswered questions.

Begin with the property that needs administration

A person’s total wealth and the value of the probate estate are not necessarily the same. Properly arranged survivorship property, beneficiary-designated accounts, and assets held in a funded trust may pass outside probate. Whether an asset qualifies for a particular procedure depends on its ownership, value, and legal status.

A will remains useful even when you expect little property to pass through probate. It can direct that property, nominate a personal representative, and nominate a guardian for a minor child, subject to court appointment and applicable law.

Florida summary administration

As of October 26, 2026, Florida’s summary administration statute generally permits this shorter procedure when the estate subject to administration in Florida, after subtracting property exempt from creditors’ claims, does not exceed $150,000, or when the person has been dead for more than two years. In a testate estate, the will must not direct administration under chapter 733.

The threshold concerns the property described in the statute, not every asset the person owned. Eligibility also does not eliminate the need to identify beneficiaries, address applicable creditor obligations, and obtain the necessary court order. A summary proceeding is not the right fit for every qualifying estate.

Disposition without administration

A separate procedure may be available when a decedent leaves only qualifying exempt personal property and nonexempt personal property whose value does not exceed the applicable preferred funeral expenses and reasonable, necessary medical and hospital expenses from the last sixty days of the last illness. Florida Statutes section 735.301 sets the conditions.

This is not a general rule that every estate under a particular county dollar limit can avoid probate. It is a limited procedure based on the type of property and expenses involved. Real estate requires separate analysis.

Plan for decisions during life, too

A durable power of attorney, health care surrogate designation, and appropriate health care instructions can be valuable regardless of the size of an estate. They address who may assist you and what authority that person will have.

Review beneficiaries, document storage, and any need to manage an inheritance for a minor or someone receiving means-tested benefits. A modest inheritance can still benefit from careful coordination.

I can help you develop a proportionate plan and, after a death, determine which Florida administration procedure may apply. Contact Verras Law to discuss your circumstances.

Sources: Florida summary administration statute; Disposition without administration; Florida health care surrogate designations.

Updated October 26, 2026.