Do you need probate administration in Florida if there is no will?

Short answer: Not always. If someone dies without a will (intestate) in Florida, some assets transfer outside probate and some may pass directly to heirs under the intestacy rules. Whether you must open a formal probate case depends on what property is titled only in the decedent’s name, whether real estate is involved, and whether the estate qualifies for simplified (summary) administration under Florida law.

Detailed answer — how probate works when there is no will in Florida

1. Intestate succession governs who gets the property

When a person dies without a will in Florida, the rules in Chapter 732 of the Florida Statutes determine who inherits (spouse, children, parents, siblings, etc.). See Florida’s intestacy statutes: Fla. Stat. ch. 732.

2. Not all property goes through probate

Assets that have a non‑probate beneficiary designation or survivorship feature usually pass outside probate. Common non‑probate transfers include:

• Joint tenancy or tenancy by the entirety real estate (survivor takes).
• Payable‑on‑death (POD) or transfer‑on‑death (TOD) bank accounts and securities.
• Life insurance or retirement accounts that name a beneficiary.
• Assets held in a living trust.

These items transfer by their contractual/title rules and typically never require probate.

3. Probate is usually required for assets titled solely in the decedent’s name

If the decedent owned real property solely in their name or had bank accounts, securities, or other personal property titled only in their name with no beneficiary or joint owner, those items are “probate assets.” To transfer legal title of those assets to heirs, you normally must administer the estate in probate court.

4. Florida’s summary administration (simplified probate) may avoid full formal administration

Florida offers a simplified proceeding called summary administration when either:

• The value of the estate subject to administration (excluding exempt property) in Florida does not exceed the statutory limit; or
• The decedent has been dead for more than two years.

Under statute, summary administration is available when those conditions are met. Summary administration is faster and less expensive than formal administration. See the statute that sets out summary administration rules: Fla. Stat. § 735.201.

Note: The “value” assessment focuses on property that actually requires probate. Non‑probate assets are not counted for that threshold.

5. Formal administration is required when summary administration is not available

If the estate includes significant probate assets (for example, real property or bank accounts that push the probate estate over the summary limit) and the decedent has been dead less than two years, a formal administration (probate) is usually required. Formal administration involves appointing a personal representative, providing notice to creditors and heirs, paying valid debts and taxes, and distributing assets under the intestacy rules. Relevant administration rules are in the probate statutes: Fla. Stat. ch. 733 and chapter 735.

6. Hypothetical examples

Example A — No probate needed (likely): Jane dies with a bank account titled POD to her daughter and a life insurance policy naming her son as beneficiary. Both assets transfer to the named beneficiaries outside probate; you probably do not need an administration.

Example B — Summary administration: Tom dies owning only personal property in his name in Florida that totals under the summary threshold and no real property. An eligible heir can pursue summary administration under § 735.201.

Example C — Formal probate required: Maria dies owning a Florida house solely in her name and other personal property with no beneficiaries. Because real property typically requires probate to transfer title, a formal administration is usually necessary.

7. Practical steps to determine whether probate is necessary

1. Collect documents: death certificate(s), deeds, bank statements, titles, insurance policies, retirement account statements, and trust documents.
2. Identify non‑probate assets: beneficiary designations, joint ownership, trust assets.
3. List probate assets and estimate their value — exclude exempt property and non‑probate items.
4. Check whether the estate qualifies for summary administration under § 735.201 (value threshold or two‑year rule).
5. If summary administration does not apply and probate assets exist (particularly real estate), prepare to open a formal administration in the county where the decedent was domiciled.

If you are unsure about the status of titles, homestead issues, or creditor exposure, consult an attorney experienced in Florida probate.

Common questions people ask

Q: Do I have to hire an attorney?

A: You do not always have to hire an attorney. Summary administration and situations with clear beneficiary designations can sometimes be handled without a lawyer. But if the estate includes real property, disputes among heirs, significant debts, or complex tax issues, hiring a probate attorney is strongly recommended.

Q: What about Florida homestead property?

A: Florida homestead rules are unique and can affect how property passes under intestacy. Homestead may pass directly to a surviving spouse or children in certain ways and can also create creditor protections. Because homestead issues are fact‑specific, review chapter 732 and consider legal help.

Q: How long does probate take?

A: Summary administration can conclude in a few weeks to months. Formal administration typically takes several months to over a year depending on creditor claims, asset complexity, and court schedules.

Helpful Hints

• Start by locating the death certificate(s) and any estate planning documents (wills, trusts).
• Check beneficiary designations and joint titles before assuming probate is required.
• If the estate includes Florida real estate, expect probate or a title action to clear title.
• Use Florida’s intestacy statutes (ch. 732) and summary administration statute (§ 735.201) as starting points for legal research.
• Keep a careful inventory and gather valuations — the summary administration threshold turns on the value of probate assets.
• When in doubt, consult a Florida probate attorney to avoid mistakes that can delay transfers or expose heirs to liability.

Disclaimer: This article explains general principles of Florida law and is for educational purposes only. It is not legal advice. If you have a specific situation, consult a licensed Florida attorney who can evaluate your facts and advise you.