📜Probate Needed? FLSomeone died. Do you actually need probate?
Florida

The bank said 'you need probate'. Maybe. Here's how to know.

Half of what people think is 'the estate' never goes through probate — joint accounts, anything with a beneficiary, the homestead, a trust. What's left decides the process: under $75,000 (and the math has rules) means summary administration, a few weeks and no personal representative; over it means formal, a lawyer and months. Describe what they owned. You get the sorted list, the total computed, the process, the clocks, and where to file.

Fla. Stat. ch. 731–735English · Español$75,000 line computedNothing is stored
Plan active

Free sort

What they owned, and how it was titled.

Each asset with a rough value and whose name was on it (alone, joint, with a beneficiary, in a trust). The date of death, the county, whether there's a will, and who the family is.

Free. Takes a few seconds.

Why this exists

Florida has four ways to settle an estate. Most families are told about one.

Disposition without administration is a form. Summary administration is a petition and a few weeks. Formal administration is the one with the lawyer, the personal representative and the months. Which one applies is arithmetic — on the right assets.

How it works

Sort the assets. Add up what's left. Pick the process.

01

List what they owned

Each asset, a rough value, whose name was on it. The will, the county, the family.

02

See what skips probate and what's left

Joint, beneficiary, trust and homestead assets set aside; the probate total computed against the $75,000 line; exempt property and the funeral reimbursement accounted for.

03

Get the process and the clocks

Disposition / summary / formal, what to file in which county, the creditor and 2-year clocks from the date of death, typical cost and time, and what to ask a probate attorney if you need one.

Plans

The sort is free. The filing guide is $19 — a probate lawyer's consultation starts at $300.

For one family. Funeral homes, hospices and credit unions license it.

Filing guide
$19one time

Your asset schedule as the court will want it, the petition outline for your process (summary or disposition), the document checklist (death certificate, will deposit, consents/waivers, creditor notice), the county filing steps, and a deadline calendar.

  • Asset schedule: probate vs. non-probate, with values
  • Petition outline for summary administration / disposition
  • Document + consent checklist
  • Deadline calendar, EN or ES
Funeral home / hospice / CU licence
$99per month

Branded probate sorter for the families you serve.

  • Your logo and contact
  • Unlimited sorts
  • Cancel any time

All prices in USD, handled by Stripe. The free sort never goes behind a paywall.

Common questions

Does everything my parent owned have to go through probate?

No — the tool sorts what you describe into assets that pass outside probate (joint accounts, anything with a named beneficiary, trust assets, the homestead) and what's left as the actual probate estate. It works from the title rules you describe, not from documents; it can't see deeds or account agreements, so this isn't legal advice.

How do I know if this is a quick summary case or a full formal probate?

The tool totals the true probate assets and checks that against Florida's $75,000 summary-administration line, noting that the math has its own rules. Under the line generally points to summary administration (weeks, no personal representative); over it points to formal administration, which in Florida requires a lawyer under Rule 5.030 except in narrow cases. This is informational only — not legal advice.

What deadlines do I need to worry about with creditors?

The tool flags the 2-year and 3-month creditor clocks that apply in Florida probate along with the process it recommends. It doesn't file anything or track dates for you, so confirm exact deadlines with the clerk of court's probate division.

Is it really free? Is what I paste stored?

The tool is free to use. Its own material doesn't state whether what you type is saved or for how long, so treat what you paste as you would any online form and avoid entering more than you need to.

Where do I file, and do I need a lawyer?

The tool tells you which county to file in and which process fits based on what you describe. Formal administration generally requires an attorney in Florida (Rule 5.030, with narrow exceptions), while summary administration often doesn't; the clerk of court's probate division and the Florida Bar's lawyer referral service are free to consult if you're unsure.

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