Last updated June 27, 2026 · Reviewed by Neil Alan Milestone, The Florida Bar No. 309966
Are there assets in the deceased's name alone — with no joint owner, named beneficiary, or trust?
Does the estate include real estate (a home or land)?
Has it been more than two years since the death?
Answer all four questions to see the likely Florida probate path.
What the checker is telling you
The result reflects Florida’s basic rules: assets in a sole name with no beneficiary usually need probate; smaller or older estates can use summary administration; larger recent estates need formal administration; and very small estates with no real estate may qualify for disposition without administration. It is a quick estimate — your exact path depends on titling, exemptions, and the will.
The full picture, free
For a complete, matter-specific map — the path, the court-ready documents, and the deadlines — start the free Florida probate assessment. To plan ahead and keep your family out of probate entirely, see how to avoid probate in Florida.
Educational estimate based on Florida’s basic probate rules — not legal advice and not a substitute for a licensed Florida attorney. EstateDraftFL is software, not a law firm.
Frequently asked questions
- How do I know if I need probate in Florida?
- You generally need probate when assets are titled in the deceased's name alone, with no beneficiary, joint owner, or trust to pass them automatically. If everything passes by beneficiary designation, survivorship, or a funded trust, there may be nothing for probate to administer. This checker gives a quick estimate; the full free assessment confirms the path.
- What are the Florida probate paths?
- Formal administration (the standard process with a personal representative), summary administration (a faster path for smaller or older estates — threshold $150,000 as of July 1, 2026), and disposition without administration (for very small estates with no real estate). Some estates need no probate at all.
- Is this checker legal advice?
- No. It is a free educational estimate based on Florida's basic probate rules. The full /probate assessment maps your specific matter, and a licensed Florida attorney can confirm the right path before you file.
General information about Florida law, not legal advice.