Florida probate law provides for several alternate, abbreviated procedures other than Formal Probate Administration.

Summary Probate Administration is generally available if the value of the estate subject to probate in Florida (less property which is exempt from the claims of creditors) is not more than $75,000 or the decedent has been dead for more than two years.

Under Summary Probate Administration, the persons who receive the probate estate assets remain liable for claims against the decedent for two years after the date of death. This period may be reduced in Summary Probate Administration by publication of notice in a local newspaper


If the decedent was not a Florida resident at the time of death, an alternate procedure may be used to admit the will to record in Florida. This procedure is used to establish title to Florida real property. When admitted to record in any Florida county where the real estate is located, the "foreign will" serves to pass title to the real estate as if the will had been admitted to probate court. This procedure is available only if either two years have passed from the decedent's death or the domiciliary personal representative has been discharged and there has been no probate estate administration in Florida.

* Summary Administration and Formal Administration is not necessary for property that passes by operation of law. Part of the process that the attorney performs is to determine if probate is required, what assets can pass by operation of law, what documentation may be necessary to allow clear title, and the appropriate steps in order to clear any claims. Many times it is a combination of court orders and documentation for operation of law transfers. As well as Homestead protection evaluation and notice requirements.