Detailed answer

Overview. In Florida, the practical equivalents of a probate “without qualification” are (1) independent administration (the personal representative manages the estate with limited court involvement) and (2) summary or disposition procedures for small or older estates where full probate is unnecessary. Which route applies depends on the facts: whether real property is located in Florida, whether the will nominates a personal representative, whether the estate has nonprobate vehicles (joint tenancy, beneficiary deeds, payable-on-death accounts), whether homestead or a surviving spouse is involved, and whether the estate otherwise qualifies for a simplified procedure.

Key statutes to review. Florida’s probate and will rules are in Chapters 732 (wills and intestacy), 733 (administration), and 735 (summary administration and disposition without administration) of the Florida Statutes. See:
Fla. Stat. ch. 732,
Fla. Stat. ch. 733, and
Fla. Stat. ch. 735.

1) Do you need probate at all?

First check whether the real property passes outside probate:

• Is the property jointly owned with rights of survivorship, owned in a revocable trust, or subject to a beneficiary deed or other nonprobate transfer? If so, title may pass without probate.
• Is the property homestead? Florida homestead rules can restrict testamentary transfer if a surviving spouse or minor children exist; those rules can force different procedures.

2) If probate is required: two common low-supervision paths

a. Independent administration (limited/no routine court oversight)

If the will nominates a personal representative and the court admits the will and issues Letters Testamentary (or the court issues Letters of Administration when no will exists), Florida law generally allows an independent administration in which the personal representative (PR) administers and distributes estate property without routine court approval. The PR must still follow statutory duties: collect assets, pay valid creditors and taxes, and distribute assets to devisees under the will. See Fla. Stat. ch. 733.

Practical steps for transferring title under independent administration:

1. File a petition to admit the will to probate and to appoint the personal representative in the county where the decedent resided (or where property is located).
2. After the court admits the will and issues Letters Testamentary (a certified copy of which the PR receives), the PR obtains authority to act for the estate.
3. The PR may prepare and execute a deed conveying the decedent’s real property to the devisee named in the will. The deed is signed by the PR in the estate capacity and should recite the court authority (and usually is accompanied by a certified copy of the Letters and often a recorded notice or affidavit). Title companies typically require a certified copy of Letters, a copy of the probated will, and a title search or court-certified record showing the PR’s authority before insuring or recording the deed.
4. The PR must ensure the estate’s creditors and taxes are addressed before distribution. If a creditor claim arises later, the PR (and beneficiaries) may be affected if distributions occurred prematurely.

Because the PR can act without asking the court’s approval for each step, independent administration is often the quickest way to transfer title by deed. The governing rules are in Chapter 733. See Fla. Stat. ch. 733.

b. Summary administration / disposition without administration

When the estate is very small or the decedent has been deceased for a statutory period, Florida law allows summary procedures that avoid formal, full probate. These procedures can clear title or let a beneficiary obtain real property without a full administration. The qualifications and process are set out in Chapter 735. See Fla. Stat. ch. 735.

Summary administration can be faster and cheaper, but it only applies when the estate meets statutory conditions. If the estate includes Florida real property and does not meet the summary rules, a full or independent administration will usually be necessary to transfer title.

3) Special rules to watch

• Homestead and family rights. Florida treats homestead property specially. If a surviving spouse or minor child exists, the decedent’s power to devise homestead can be limited. These are not issues to guess about; check Chapter 732 and consult counsel.
• Creditor claims and taxes. The PR must follow timelines for publishing a notice to creditors and for paying claims and taxes before distribution. Mishandling creditor claims can expose beneficiaries to claims after distribution.
• Title company requirements. Even with lawful authority (Letters and an executed deed), title companies and county recording offices often require precise documents and certified copies. Expect to present the probated will, certified Letters Testamentary/Administration, and sometimes a court order or affidavit.
• Out‑of‑state decedent (ancillary probate). If the decedent lived in another state but owned Florida real property, an ancillary probate may be required in Florida.

4) Typical timeline and costs

Time and cost vary. Independent administration reduces court appearances and can shorten the timeline compared with supervised probate, but statutory notice periods still apply and creditor resolution can take months. Summary procedures are fastest but only apply in limited situations.

5) What the beneficiary/nominee should do now (practical checklist)

1. Identify how the decedent owned the property (sole name, joint tenancy, trust, beneficiary designation).
2. Locate the original will (if any) and a copy of the deed and tax records for the property.
3. Check whether the will nominates a personal representative and whether that person is willing to act.
4. If someone has been nominated and is willing, they should consult probate counsel to file the probate papers or explore summary administration.
5. Talk to a title company early — they will list the specific documentation they require to insure a clean transfer.

Helpful hints

• Read the Florida statutes referenced above for full rules and statutory definitions: ch. 732 (Wills & Intestacy), ch. 733 (Administration), ch. 735 (Summary Procedures).
• Don’t assume a will automatically transfers title — the will must be admitted to probate (or the estate qualify for summary procedures), and a valid conveyance must be recorded.
• If homestead or a surviving spouse is involved, consult an attorney promptly. Homestead and elective share laws can override a will’s language.
• Keep careful records of distributions and creditor notices. Even in independent administration, documentation protects the PR and beneficiaries.
• Work with a title company before preparing a deed. They will confirm exactly what documentation the county recorder needs to accept and insure the new title.
• Consider hiring a probate attorney for the PR to avoid procedural mistakes that can delay or jeopardize the transfer.