Most estates are required to go through the formal probate process; however, Florida does offer alternatives for small estates. Learn more about Florida probate process in this presentation.

4. The Executor appointed in the
decedent’s Last Will and Testament
The Personal Representative if the
decedent died intestate (without a
Will)
A beneficiary or heir of the estate
A creditor of the estate

11. Summary administration – if
the value of the estate subject to
probate in Florida, less exempt
property, is not more than $75,000,
and if the decedent’s debts are paid,
or the creditors do not object

12. Disposition without
administration – if probate estate
assets consist solely of property
classified as exempt from the claims
of the decedent’s creditors and non-
exempt personal property, the value
of which does not exceed the total of

13. (1) the amount of preferred funeral
expenses; and
(2) the amount of all reasonable and
necessary medical and hospital
expenses incurred in the last 60 days
of the decedent’s final illness, if any

26. Real and personal property
Tangible and intangible assets

31. Assets held in a trust
Certain types of joint property
Proceeds of a life insurance policy
Asset held in a “Payable on Death
(POD)” or “Transfer on death (TOD)”
account

33. All creditors of the estate must be
notified that probate is underway
Known creditors should be personally
notified
Unknown creditors are notified via
publication
Creditors have 90 days to file a claim
against the estate

34. The PR must review all claims and
pay approved claims out of estate
assets
If insufficient liquid assets exist to
pay approved claims, estate assets
may need to be sold to raise the
required funds

40. Lack of testamentary capacity
Undue influence
Fraud
Duress

42. The PR has a duty to defend the Will
submitted to probate
The entire probate process
essentially comes to a halt while the
Will contest is litigated because the
outcome determines what happens
next

43. If the Will is declared valid, probate
resumes using the Will
If the Will is declared invalid, the
court looks for another valid Will. If
no valid Will exists the Florida laws
of intestate succession are used to
probate the estate