Originally published: August 2026 | Reviewed by Mary Conte
No. Not every estate goes through the same probate process—but a will never avoids probate on its own. If the deceased owned property in their own name, with no co-owner and no named beneficiary, that property goes through a Florida court before it transfers, will or no will.
What changes is how long that takes. Florida has three probate tracks, and which one you land on depends on the estate’s value and how assets are titled—not on whether a will exists.
A will doesn’t replace probate. It tells the court what to do once probate has already started. Under Florida Statute 732.501, a will has no legal effect until a circuit court judge admits it to probate.
Here’s what that process actually does:
No will? Same court process, different rulebook: Florida’s statutes (Chapter 732, Part I) decide who inherits instead.
| Track | Timeline | Cost | Applies When |
|---|---|---|---|
| Disposition Without Administration | 2–4 weeks | Minimal filing fee | Estate has only exempt assets, or assets that don’t exceed funeral/final medical costs (§735.301) |
| Summary Administration | 1–3 months | ~$1,500–$4,500 | Non-exempt assets are $150,000 or less, or decedent died more than 2 years ago (§735.201–.206) |
| Formal Administration | 6–18+ months | ~$3,000–$15,000+ | Non-exempt assets exceed $150,000, or there are debts, disputes, or ongoing management needs |
Pro Tip: These thresholds apply to non-exempt assets—not net worth. A $600,000 estate can still qualify for summary administration if $500,000 of it is homestead property.
As of July 1, 2026, the summary administration limit jumped from $75,000 to $150,000 (excluding exempt property), under Chapter 2026-57, Laws of Florida (CS/HB 1337). A few related figures moved too:
The law also added §733.6125, letting courts award attorney fees when a personal representative has to fight in court to enforce their authority.
Bottom line: estates that needed formal administration a year ago may now qualify for summary administration. If you assumed a long probate process based on old numbers, that assumption is probably outdated.
These assets transfer automatically, no court involved, will or no will:
A will has zero say over any of these. They pass by contract or title, not by instruction.
A probate attorney can usually answer this in one conversation, looking at the asset list and how things are titled.
Stop thinking of the will as your protection. It isn’t. These tools are:
The will still matters—it catches whatever you forgot to retitle or never got around to. But it shouldn’t be the plan. It’s the safety net under the plan.
No. A will only controls how probate assets get distributed once a court validates it. Assets titled solely in your name still go through summary or formal administration regardless. Skipping probate requires retitling assets or naming beneficiaries — not just writing a will.
As of July 1, 2026, $150,000 or less in non-exempt assets qualifies for summary administration instead of formal. Homestead property and other exempt assets don’t count toward that number, so the total estate can be much larger.
Probate still happens. Florida’s intestacy statutes (Chapter 732, Part I) decide who inherits — typically a spouse and children in set shares. The same three tracks (disposition without administration, summary, formal) still apply based on estate value.
2–4 weeks for disposition without administration, 1–3 months for summary administration, 6–18+ months for formal—longer with disputes or creditor claims.
A will doesn’t avoid probate. Full stop. What determines your timeline is non-exempt asset value—now measured against the new $150,000 threshold—and whether assets are titled to skip court entirely. If you’re settling an estate or building your own plan, get someone who handles Florida probate regularly to look at your specific numbers before you assume anything.
General information, not legal advice. Probate rules change; talk to a licensed Florida probate attorney about your specific estate.
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