Quick answer

In Florida you generally use the summary administration or the small-estate procedures in Chapter 735 of the Florida Statutes to avoid a full probate. To be able to run a notice to creditors and sell real property you will normally file a Petition for Summary Administration and ask the probate court to appoint a personal representative (sometimes referred to as a limited personal representative or a representative with limited powers) and to enter an order authorizing distribution and sale. See Florida Statutes, Chapter 735 (summary administration) for the statutory framework: Fla. Stat. §735.201 and the Chapter 735 overview: Chapter 735. This article explains the typical steps, documents, notices, and practical tips.

Detailed answer — step‑by‑step

1) Confirm which small-estate path applies

Summary administration (common when real property is involved): Use this when the decedent has been dead more than two years OR when the value of the estate subject to administration in Florida (after exempt property) does not exceed the statutory threshold. The summary-administration rules are in Fla. Stat. §735.201.
Disposition of personal property without administration: Florida also provides affidavit procedures for distributing certain personal property without any administration. Those rules do not generally allow transfer of real property; see Fla. Stat. §735.301 and surrounding sections.

2) Prepare and file a Petition for Summary Administration

To get appointed to handle and sell the decedent’s real property you (or an attorney) will prepare a Petition for Summary Administration and file it in the county probate court where the decedent lived. The petition should include:

Decedent’s full name, date of death, and last county of residence.
Description and approximate value of assets in Florida (identify real property by legal description and address if possible).
Names and addresses of heirs, devisees, beneficiaries, surviving spouse, and known creditors.
A request that the court grant summary administration, appoint you as personal representative (or authorize a limited appointment), and enter an order authorizing disposition or sale of the property.
Copies of the death certificate and any will (if one exists).

3) Service and notice requirements (notice to interested persons and creditors)

Once the petition is filed you must provide notice to interested persons and run any required creditor notice. Typical notice steps include:

Serve or mail the petition and a copy of the order to known heirs and beneficiaries as required by the court rules.
Notify known creditors directly by mail when required.
Publish a notice to creditors in a local newspaper if the court requires publication to reach unknown creditors. Many estates require publication so creditors who are not known can learn about the proceeding.

Check the probate clerk’s local rules and the statutes for exact notice methods and time frames. The summary-administration statute and Chapter 733 (probate procedures and creditor claims) govern creditor and notice issues: Chapter 733 and Fla. Stat. §735.201.

4) Court hearing and obtaining an order

If the court grants summary administration the judge will enter an order that typically:

Declares that the estate may be administered summarily under Chapter 735;
Identifies and appoints the personal representative (sometimes limiting the representative’s powers to specific tasks); and
Authorizes distribution of assets and can authorize sale of real property and the execution of deeds and closing documents by the appointed representative.

The written court order is essential because title companies and buyers usually require the court’s order showing authority to sell and sign a deed.

5) Running a Notice to Creditors and handling claims

After the court’s order you must follow statutory procedures for notifying creditors and allowing claims. Known creditors should be mailed notice; unknown creditors may be reached by publication as required. Creditors will have statutory deadlines to present claims — check the statutes and local probate clerk for the exact deadlines that apply to the proceeding. See the probate chapter for claim procedures: Chapter 733.

6) Selling the real property

Steps commonly required to sell real property:

Confirm the court’s order specifically authorizes sale and identifies who may sign closing documents.
Provide the title company or buyer with a certified copy of the order appointing you and authorizing the sale.
If the property is encumbered, work with the mortgage holder and the title company to clear liens at closing.
Execute and record the deed (often a personal representative’s deed) as authorized by the court’s order.

Title companies will want the court order, a death certificate, and often a copy of the will (if any) before issuing a title policy. If the order is not clear, the title company or buyer may ask for an additional court confirmation or an order approving the sale terms.

7) Final accounting and distribution

Follow the court’s directions for paying valid creditors, paying administration costs, and distributing net proceeds to beneficiaries. The court order in summary administration typically directs final distribution once creditor claims are resolved or after statutory waiting periods run.

Documents you will typically need

Certified copy of the death certificate.
Original will (if one exists).
Current deed and legal description of the real property.
Listing of assets, liabilities, and known creditors (with addresses).
Petition for Summary Administration and proposed order.
Proof of service and affidavit of publication (if notice by publication is required).

Common hurdles and special rules to watch for

Homestead property: Florida protects homestead property heavily. If the property is homestead, different rules may apply and the court may not permit a sale in the same way—consult counsel if homestead issues exist.
Creditors and mortgages: Outstanding mortgages and liens must be handled at closing; a sale does not automatically remove valid liens unless addressed by the court order and closing documents.
Title company requirements: Many title companies insist on a clear court order appointing the representative and authorizing the sale. Get the title company involved early.
Family disputes: Disagreements among heirs or beneficiaries can delay the process or require full probate instead of summary administration.

Estimated timeline and costs

Timelines vary by county, the need for publication, and whether creditors file claims.

Filing and court action: a few weeks to a few months depending on court backlog and notice requirements.
Publication and creditor waiting periods: this depends on local rules; allow additional weeks for publication cycles and statutory claim periods.
Costs: filing fees, publication costs, possible attorney fees, and closing costs for the sale.

When to hire an attorney

Consider hiring a probate attorney if any of the following apply:

The estate includes homestead or complex title issues.
There are known creditor claims or litigation risk.
Heirs disagree about selling or distribution.
The title company requires additional court instructions.

Helpful Hints

Contact the county probate clerk early to learn local filing procedures and fees.
Talk to a title company about their documentation requirements before filing so the court order you seek will meet buyer/title needs.
Gather and organize creditor contact information to reduce publication needs and speed the process.
If possible get written, signed consents from heirs to speed court approval and reduce disputes.
Keep careful records of notices, mailings, and any published notices—courts require proof of proper notice.
Be careful with homestead property—consult counsel before attempting to list or sell.

Key statutory references

Summary administration (small estate process): Fla. Stat. §735.201 and Chapter 735 overview: Chapter 735, Florida Statutes.
General probate procedures and creditor-claim processes: Chapter 733, Florida Statutes.
Disposition of personal property without administration (affidavit process for certain personal property): Fla. Stat. §735.301 and following sections.

Final note / Disclaimer

This article explains general steps under Florida law and is educational only. It is not legal advice and does not create an attorney‑client relationship. Probate rules and local procedures vary by county and by fact pattern. For help tailored to your situation—especially if homestead issues, mortgages, liens, or family disputes are present—consult a Florida probate attorney or contact the county probate clerk.