Whether a loved one left a will changes how a small estate is handled, but in Florida it does not necessarily change whether you can use summary administration. Many families assume that dying without a will forces a long court process. It does not. Our Boca Raton practice handles both testate (with a will) and intestate (without a will) small estates, and we tailor each filing to the streamlined paths the Florida Probate Code allows.
What Makes a Florida Will Valid
Section 732.502 sets the formalities. A valid Florida will must be in writing, signed by the testator at the end (or by another person at the testator’s direction and in their presence), and witnessed by at least two attesting witnesses who sign in the presence of the testator and each other. Florida does not recognize handwritten (holographic) wills that lack these witness formalities, even if valid where executed, and it does not recognize oral wills. A will that was self-proved under Section 732.503 can usually be admitted without locating the witnesses.
Admitting the Will in a Small Estate
Even in summary administration, the will must be deposited with the clerk and admitted to probate. The petition asks the court to determine the will is valid and to distribute the assets according to its terms. We make sure the original will is filed (Florida strongly prefers the original; a lost or destroyed will faces a higher burden under Section 733.207) and that any self-proving affidavit is in order.
When There Is No Will: Intestate Succession
If there is no valid will, Florida’s intestacy statutes (Sections 732.101 through 732.111) decide who inherits. A surviving spouse takes the entire intestate estate if there are no descendants, or if all descendants are shared with that spouse and the spouse has no other descendants. Otherwise the spouse takes one-half and the descendants share the rest. With no spouse, the estate passes to descendants, then to parents, then to siblings, and outward. These rules apply within summary administration just as they do in formal administration.
The Spousal Elective Share
Florida protects surviving spouses through the elective share under Section 732.2065, generally thirty percent of the elective estate. A spouse who feels short-changed by a will or by non-probate transfers may elect against the estate, and the elective estate reaches well beyond probate assets. In small estates this rarely controls, but we screen for it because an election can reshape who receives what and can complicate an otherwise simple summary administration.
Pretermitted Spouses and Children
If someone married or had a child after signing a will and the will does not provide for that spouse or child, Florida’s pretermitted-heir statutes (Sections 732.301 and 732.302) may give them a share as if there were no will. We check execution dates against marriages and births so the right people receive their statutory shares.
Consult a Florida Probate Attorney
Will validity, intestacy, and elective-share questions are fact-intensive and the outcomes hinge on exact family relationships and document dates. This page is general information, not legal advice. Talk with a licensed Florida attorney about your specific will or family situation before filing. We serve Boca Raton and Palm Beach County families.
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For more on our Florida practice, see our overview of probate and estate administration in Florida. Morgan Legal Group's affiliated New York office also handles .
