After her aunt passed in a Boca Raton assisted-living community, Marisol expected a long, expensive court process. Instead, because the estate was modest, she qualified for one of Florida’s small-estate shortcuts and wrapped things up in weeks rather than months. Florida offers two streamlined paths, and knowing which one fits can save substantial time and money.
Shortcut One: Summary Administration
Marisol’s aunt left a small bank account and some personal belongings, worth well under $75,000. That made the estate eligible for summary administration under Florida Statutes Chapter 735. You qualify if the value of the probate estate (excluding exempt property) is $75,000 or less, OR if the decedent has been dead for more than two years, regardless of value.
Instead of appointing a personal representative who serves over many months, summary administration uses a single petition asking the court to distribute assets directly to the heirs. There are no Letters of Administration and no lengthy accounting. For many Palm Beach County families, this is the difference between a quick resolution and a drawn-out case.
Shortcut Two: Disposition Without Administration
An even smaller path exists. Disposition without administration applies when the only assets are exempt property plus non-exempt personal property worth no more than the final illness and funeral expenses (subject to statutory limits). A Boca Raton family that paid the funeral home and a final medical bill can often request reimbursement directly from a small bank account, no formal case required. This is typically handled by filing a short form with the Clerk.
What Still Counts Toward the Limit
Marisol learned that not everything counts. Assets passing outside probate, like a life insurance policy with a named beneficiary, a payable-on-death account, or property held jointly with right of survivorship, do not add to the $75,000 threshold. Florida homestead property also receives special treatment and is generally excluded from the value calculation, which keeps many estates eligible even when a home is involved.
The Creditor Catch
Summary administration has a trade-off. Because there is no formal notice-to-creditors process with a short claims bar in every case, heirs who receive assets can remain responsible to creditors for up to two years after death, up to the value they received. When an estate has been open more than two years, this concern largely disappears, which is why the two-year-old estate is such a clean candidate for the shortcut.
When the Shortcut Is the Wrong Fit
Shortcuts are not always the answer. If an estate has disputed heirs, unknown creditors, ongoing litigation, or assets that need active management, formal administration may actually protect the family better. The choice depends on the facts, not just the dollar amount.
A Note for Boca Raton Families
Small-estate procedures can dramatically simplify settling a loved one’s affairs, but eligibility hinges on precise valuation and asset characterization under Florida law. Before assuming you qualify, or that you do not, consult a licensed Florida probate attorney who can confirm the right path for your family’s circumstances.
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For more on our Florida practice, see our overview of probate in Palm Beach. Morgan Legal Group's affiliated New York office also handles .
