Miami Probate Attorney for Summary Administration & Small Estates

Not every Florida estate needs a long, expensive court process. Many Miami families are surprised to learn that when an estate is modest, or enough time has passed since a loved one died, Florida law offers a streamlined path called summary administration. Our focus is helping families use the simplest probate process the law allows, so an inheritance reaches the right hands faster and with fewer costs.

Why We Emphasize Small-Estate Probate

Florida’s Probate Code (Chapters 731-735, Florida Statutes) creates two main court paths: formal administration and summary administration. Formal administration is the default, fuller process, generally required when an estate’s non-exempt assets exceed $75,000 and the person died within the last two years. Summary administration is the shorter route, available when the qualifying value of the estate (excluding exempt property like Florida homestead) is $75,000 or less, or when the decedent has been deceased for more than two years. For many Miami households, especially those whose main asset was a home protected as homestead, the qualifying estate is small enough that summary administration becomes a real option.

What Summary Administration Looks Like

Rather than appointing a personal representative to manage the estate over many months, summary administration uses a single petition asking the court to distribute assets directly to the beneficiaries or heirs. There is no ongoing administration, no letters of administration, and typically a much shorter timeline. The petition must still address creditors, and known creditors must be paid or provided for. When done correctly, this process can resolve an estate in a fraction of the time and cost of formal administration.

How Miami Families End Up With Small Estates

South Florida estate plans often shrink the probate estate on purpose. A Lady Bird deed (enhanced life estate deed) can pass a home outside probate. A revocable living trust under Chapter 736 can hold assets so they never enter court at all. Payable-on-death accounts, jointly titled property, and life insurance with named beneficiaries also bypass probate. When only a few accounts or a single modest asset remain, summary administration is frequently the right fit.

A Note on Florida Taxes and Homestead

Florida has no state estate tax and no inheritance tax, so families generally do not face a state death-tax bill. Florida’s constitutional homestead protection (Article X, Section 4 of the Florida Constitution) also shields a qualifying residence from most creditors and shapes how a home passes to a spouse and children. These rules can change which assets count toward the $75,000 threshold.

When You Should Speak With an Attorney

Deciding between summary and formal administration depends on asset values, creditor claims, the date of death, and whether a valid will exists. Every estate is different, and this page is general information, not legal advice for your situation. Before filing anything, consult a licensed Florida probate attorney who can review your facts. We help Miami families understand whether the small-estate path is available and guide them through it from petition to distribution.

For more on our Florida practice, see our overview of Florida probate administration. Morgan Legal Group's affiliated New York office also handles New York elder law.