Most People Assume Probate Takes a Year. For a Lot of Families in Miami-Dade, It Doesn't Have To.
When someone passes away in Florida, their assets have to go through a court process before anything reaches the family. Most people assume that means months of filings, court supervision, and waiting—and for larger estates, it does.
But a lot of people don’t know that Florida has two probate processes.
Florida offers a shorter version of that same process called Summary Administration. Instead of the court supervising everything step by step, you file one petition laying out the assets and who gets what. A judge reviews it, approves it, and issues an order. Your family uses that order to access accounts, transfer titles, and close the estate. The whole thing typically takes a few weeks. Florida Statute § 735.201 makes this available when the estate qualifies—and when it does, there’s no reason to go through the longer process. The only question is whether your situation meets the requirements. That’s the first thing we figure out.
The Two Ways to Qualify
1. If the estate is worth $75,000 or less.
If the total value of assets solely in the deceased’s name, with no joint owners, no named beneficiaries, comes to $75,000 or less, the estate qualifies regardless of when the person passed away. Florida’s homestead property doesn’t count toward that number, which means more families qualify than they initially expect.
2. It’s been more than two years since the person passed away.
After two years, creditors can no longer make claims against an estate under Florida law. That’s what opens the door to Summary Administration regardless of how much the estate is worth.
Summary Probate in 4 Simple Steps
1. We review the estate and confirm you qualify
Before anything gets filed, we look at the full picture: what assets exist, how they’re titled, whether all beneficiaries can be identified, and whether anything complicates the process.
2. We prepare and file the petition
Under § 735.203, the Petition for Summary Administration has to identify every asset, every beneficiary, and the proposed distribution, and it must be signed by all beneficiaries. This is usually the step that families without an attorney trip up at the most.
3. the court issues its order
A Judge reviews the petition and issues an Order of Summary Administration approving the distribution. In Miami-Dade’s Eleventh Judicial Circuit, this usually happens within a few weeks when the petition is properly prepared. There’s no back-and-forth or ongoing court involvement.
4. assets get distributed
Once the order is issued, banks, title companies, and property record offices are legally required to honor it. Beneficiaries are then able to access accounts, transfer titles, and take possession of assets. The estate is closed, and you, along with your family, move forward.
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Salvador VizcarraTrustindex verifies that the original source of the review is Google.
Just unbelievable! The attention to details, the urgency of the matter, and advise provided all worked to our benefit. These are 1st class attorneys and I highly recommended them! Thank you!Posted on Google![]()
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We were taken care of from the moment we arrived. The attorneys listened carefully and understood our needs. They made us feel confident about their expertise and they were right on point. I definitely recommend this firm for ANY legal representation you may need. Thanks so muchPosted on Google![]()
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very responsive, very professional - definitely recommendPosted on Google![]()
Anthony CaloreTrustindex verifies that the original source of the review is Google.
Julio Morales was excellent. Him and his team were swift and extremely helpful. 1 month probate with a very justified rate.Posted on Google![]()
Rachel CunninghamTrustindex verifies that the original source of the review is Google.
Julio recently supported me through the probate process after the death of my parents. We had one account that was not included in their trust (work was done by another attorney at another office unrelated to Family Life Law). Julio stands out as a top notch attorney because of his incredible responsiveness and follow through. Chase Bank did not want to disburse funds, even with a judge's order signed, but Julio persisted and supported me, going well above and beyond the scope I expected. I have recommended Julio to several friends/family already and have told other attorneys I know how incredible he is! I plan to work with Julio to now create my own trust and go through the process! I highly recommend Julio.Posted on Google![]()
Nayletay PerezTrustindex verifies that the original source of the review is Google.
Tuve una gran experiencia con este bufete de abogados, estoy muy contenta con su trabajo, el proceso fue rapido, agradecida con Elvis por su atencion, muy profesional, te explica todo muy bien aclarando todas las dudas, sinceramente los recomiendo mucho. Es un bufete muy profecional y todos son muy atentos . Gracias...Posted on Google![]()
Abel Santiago GuerreroTrustindex verifies that the original source of the review is Google.
This was a very trying event, life changing. My main concern was making sure my son was in safe place, healthy, and happy. The Family Law Firm's entire staff made sure that was always the case and they included this father's well-being also. Stressful times made as easy as possible. Somehow they found a way to make me look a that big picture and not just the immediate resolution. Although, those moments if immediate solution were taken care of also. The communication was exceptional, Mr. Brett listened, and when he needed to let me know to calm down and stop talking so much because it could be costly, he found humorous ways to let me know. We all know these matters are costly, but no money can replace keeping a family from resolving such issues than with civility and as amicable as possible. Thank you from the bottom of my heart to the entire F&M "A Law Firm" staff. Be Blessed Always, Mr. Brett, Ms. Sarah, Ms. Capote, and Ms. Priscilla. Take good care.Posted on Google![]()
FUJITrustindex verifies that the original source of the review is Google.
Elvis Acosta was great, he helped us out with everything we needed in terms of our estate planning. He was very thorough and explained everything and was patient. He made great recommendations and we're very happy with our service and Martha Mendez Esq. All of the personnel were friendly!
Answering Frequently Asked Questions
The estate has a home in it. Does that automatically push us over the $75,000 limit?
Not necessarily. Florida’s homestead exemption means a primary residence doesn’t automatically count toward the $75,000 threshold. Whether your loved one’s Coral Gables home qualifies as a homestead depends on how it was designated and used. We sort this out in the first conversation—it’s one of the first things we look at.
We found out about assets after Summary Administration was already finished. Now what?
It happens—a forgotten savings account, an uncashed check, a small investment account nobody knew existed. Because Summary Administration closes the estate relatively quickly, newly discovered assets may require a separate filing to distribute properly. We flag this possibility with every client upfront and handle it if it comes up.
There's no will. Can we still use Summary Administration?
Yes. A will isn’t required. If there’s no will, Florida’s intestate succession laws under § 732.102 determine who receives what, and the petition is built around that distribution instead. The process is the same; it just uses the state’s formula rather than the deceased’s instructions.
What if beneficiaries live outside of Florida?
That’s common, and it doesn’t disqualify the estate. Out-of-state beneficiaries can sign the petition remotely. The process runs through Miami-Dade’s court regardless of where beneficiaries are located, and we coordinate the signatures and filings so geography doesn’t slow things down.
What if one of the beneficiaries won't sign the petition?
Under § 735.203, every beneficiary has to sign the Petition for Summary Administration—there’s no way around it. If one person refuses or is unreachable, the process stalls entirely. When that happens, the estate may have to move into formal administration instead, which is slower and more involved. If you’re running into this situation, call us before assuming Summary Administration is off the table. Depending on the circumstances, there may be options worth exploring first.
Schedule your consultation with Family Life Law Today
If you’re dealing with an estate planning, probate, or family law matter and want to understand your options, contact us today to schedule a consultation.

Martha Mendez
Martha Mendez, Esq. is a highly dedicated attorney with seven years of experience specializing in elder and estate planning, real estate, and family law. Her unique professional journey—rising from a legal secretary and paralegal to an attorney—reflects a deep commitment to the field, culminating in a Juris Doctor earned cum laude from St. Thomas University. A member of the National Academy of Elder Law Attorneys, Martha is passionate about protecting her clients' assets and navigating complex life transitions with expertise. When she isn't advocating for her clients, the Florida International University alumna enjoys boating, kayaking, and traveling with her husband and three children.