Do I need a lawyer for probate in Florida if the estate is small?

Why this question matters

A parent died. The bank wants "letters." You're not sure if you need a lawyer or can handle this yourself. The answer depends on how much actually goes through probate and which process fits — not on how big the estate felt.

What counts as "small" in Florida

Florida's summary administration line is $75,000. This is the total of the true probate assets — not everything your parent owned, and not the whole estate's value. The math to get to that number has its own rules, so don't guess it on your own.

Under $75,000 in probate assets generally points to summary administration — weeks, not months, and no personal representative appointed.
Over that line generally points to formal administration — longer, and a personal representative is appointed.
Some situations qualify for disposition without administration, an even smaller process, depending on what's left after funeral costs and exempt property.

Do you need a lawyer?

This is the part people worry about most.

Formal administration generally requires an attorney in Florida, under Rule 5.030 of the Florida Probate Rules — except in narrow cases.
Summary administration often doesn't require a lawyer.
If you're unsure which category you're in, or whether your case fits a narrow exception, ask the clerk of court's probate division or the Florida Bar's lawyer referral service. Both are free to ask.

This is general information, not legal advice about your specific situation.

What might not need probate at all

Before you even get to the $75,000 question, some assets pass outside probate entirely and never count toward that total:

Joint accounts
Anything with a named beneficiary
Assets already in a trust
The homestead, under Article X, Section 4 of the Florida Constitution

Whether an asset actually qualifies depends on the deed, account agreement, or beneficiary form — documents a description alone can't fully confirm.

Deadlines to know either way

Florida probate has creditor clocks that apply no matter which process you use: a 2-year clock and a 3-month clock, both running from the date of death. Confirm exact deadlines with the clerk of court's probate division — this guide doesn't track dates for you.

What to do next

The free tool reads what you describe about the assets — what they are, roughly what they're worth, and whose name is on them. It sorts out what skips probate, totals what's left against the $75,000 line, and tells you which process and which county apply, along with the creditor clocks. It is not legal advice and can't see deeds or account agreements, so confirm anything important with the clerk of court or a probate attorney.

Use the free tool

Probate Needed? FL is an informational tool based on the Florida Probate Code (Fla. Stat. chapters 731–735), the Florida Probate Rules, and Art. X §4 of the Florida Constitution as of 2025–26. It is not legal advice and does not file anything. Titling, beneficiary designations and homestead status depend on documents this tool cannot see; values are estimates. It is not affiliated with any court, bank or law firm.