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.
What our customers say
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.