Florida Formal, Summary, or Disposition Without Administration

One dollar over $150,000 in non-exempt assets is the difference between an 8-week Florida estate and a 12-month one.

Fla. Stat. Ch. 733, 735

Quick answer: disposition without administration is Florida's fastest option, for estates small enough that non-exempt assets don't exceed funeral and last-60-day medical costs. Summary administration covers non-exempt estates of $150,000 or less, or deaths over two years old. Formal administration under Chapter 733 handles everything else, with the mandatory 3-month creditor period. See how this affects your own estimate in the Florida probate timeline calculator.

Side by side

FormalSummaryDisposition w/o admin.
Personal representative appointedYesNoNo
EligibilityDefault, no size limitNon-exempt estate ≤ $150,000, or death >2 yrs agoNon-exempt assets ≤ funeral + last 60-day medical costs
Creditor claim period requiredYes, mandatory 3 monthsNoNo
Attorney generally requiredYes, unless sole interested personOften not requiredNot required
Typical timeline6–12 months4–8 weeks~30 days

Formal administration is the default

Fla. Stat. Ch. 733: any estate that doesn't qualify for summary administration or disposition without administration goes through formal administration — a court-appointed personal representative, the mandatory 3-month creditor claim period, and generally a licensed attorney requirement unless the personal representative is the estate's sole interested person.

Summary administration: the $150,000 line

Effective July 1, 2026, summary administration under § 735.201 covers non-exempt probate estates of $150,000 or less, up from the previous $75,000 threshold — or any estate where the decedent has been dead more than two years, regardless of value. No personal representative is appointed, which is the main reason it moves so much faster than formal administration.

Disposition without administration: the narrowest door

Under § 735.301, this option has no fixed dollar cap tied to estate size — instead, it applies when non-exempt personal property doesn't exceed the decedent's funeral expenses and the medical costs of their final 60 days. The court authorizes payment of those specific expenses directly, with no personal representative, no formal inventory, and no creditor claims period at all.

Facing probate in Florida?

A local probate attorney can review your estate — many offer a free consultation.

Talk to a Florida attorney

Formal vs summary vs disposition — frequently asked questions

What is formal administration in Florida?

The full probate process under Chapter 733, with a court-appointed personal representative, the mandatory 3-month creditor claim period, and generally a required attorney unless the PR is the sole interested person. It applies to any estate that doesn't qualify for a simplified track.

What is summary administration in Florida?

A simplified process under Fla. Stat. § 735.201 for non-exempt probate estates of $150,000 or less (deaths on or after July 1, 2026), or when the decedent has been dead more than two years. No personal representative is appointed.

What is disposition without administration in Florida?

Florida's fastest option, under Fla. Stat. § 735.301, for estates where non-exempt personal property doesn't exceed the decedent's funeral expenses and the last 60 days of medical costs. No personal representative is appointed and no formal inventory or creditor period is required.

Does Florida require an attorney for probate?

For formal administration, generally yes, unless the personal representative is the estate's sole interested person. Summary administration and disposition without administration can often be handled without a full formal-administration attorney requirement, though professional guidance is still commonly recommended.

Estimate for general guidance only, not legal advice. Based on Fla. Stat. Ch. 733, 735.201, 735.301. Which type fits a specific estate depends on its own facts. Consult a licensed Florida attorney before proceeding.