Quick answer: no real estate and tiny non-exempt assets — disposition without administration. Non-exempt assets at or under $150,000, or dead more than 2 years — summary administration. Anything larger needs formal administration. The homestead itself is usually handled separately either way. Check your own numbers with the Florida small estate checker.
Homestead doesn't count against the cap at all
Disposition without administration needs zero real estate
This fastest track (§735.301) requires no real property in the estate at all, plus non-exempt personal property capped at the decedent's funeral expenses and last 60 days of medical bills. Any real estate beyond the homestead rules it out immediately, even if the total value is small.
A will doesn't force the formal route
Having a valid will doesn't automatically require formal administration — summary administration works with or without one, as long as the will itself doesn't specifically direct formal administration.
What skips probate before any threshold matters
Property held in joint tenancy with right of survivorship, assets in a properly funded trust, and accounts or policies with a named beneficiary all pass outside probate entirely — on top of protected homestead, which is outside it from the start.
The decision, in order
- Is the asset in joint tenancy, a funded trust, or has a named beneficiary? → Skips probate entirely.
- Is it the protected homestead? → Handled separately, outside probate jurisdiction.
- No other real estate, and personal property under the funeral+medical cap? → Disposition without administration.
- Non-exempt assets at or under $150,000, or dead more than 2 years? → Summary administration.
- None of the above fits → Formal administration.
A local probate attorney can review your estate — many offer a free consultation.
Whichever track applies, filing happens in the circuit court of the county where the decedent resided — Miami-Dade, Broward, and Orange County among the busiest.