Updated September 3, 2026. Quick answer: in Florida, an estate can use summary administration when the qualifying value is $150,000 or less. That route DOES reach real property under the statute we read, within its own limits.
What this guide covers
Whether probate is required in Florida turns on two questions: does the estate qualify for a small-estate shortcut, and does that shortcut reach whatever real property is involved. This page answers both for Florida, with the statute cited, and then covers what full probate costs if the shortcut does not apply.
The affidavit route, and its limit
Florida’s route: summary administration, under Fla. Stat. § 735.201(2), as amended by s. 7, ch. 2026-57.
$150,000 of the entire estate subject to administration, less property exempt from creditors – OR the decedent has been dead more than 2 years.
That the value of the entire estate subject to administration in this state, less the value of property exempt from the claims of creditors, does not exceed $150,000 or that the decedent has been dead for more than 2 years.
(Fla. Stat. § 735.201(2), as amended by s. 7, ch. 2026-57)
If a trust fits your situation in Florida
In Florida the small-estate route can reach real property, but only within the statute’s own limits: above them, a funded revocable living trust avoids the question instead of relying on a limit that can change; LawDepot builds a state-specific one.
Build a living trust at LawDepot
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The real-estate problem
What the text says: the route reaches real property.
In addition, transfer of a decedent’s homestead to their heirs is also possible in summary proceedings with the homestead forms. If you are transferring real property, you must include the street address, legal description, and folio number on the petition and proposed order.
(Fla. Stat. § 735.201(2), as amended by s. 7, ch. 2026-57)
This was UNVERIFIED in the 2026-08-20 dataset (Fla. Stat. §735.201 states the value test without addressing real property); independently resolved this session against the Eleventh Judicial Circuit of Florida’s own summary-administration self-help packet, which instructs petitioners how to transfer real property (including homestead) through this route.
What probate costs in Florida if it is required
Florida’s probate fees and attorney-compensation rules are their own topic, worked through in full on Florida probate cost.
The order to work through it
List what Florida residents typically own and how each item is titled. Remove everything with a living named beneficiary, a surviving joint owner, or a trust already holding it. If what remains is $150,000 or less, summary administration is the route to look at. If real property remains in sole name, confirm the real-property rule above applies to what you own.
The general rule: when probate is required. Thresholds elsewhere: small estate limits by state. Florida’s own small-estate mechanics: Florida small estate affidavit.
Statutory text read at Florida’s own legislature or official code publisher. General information, not legal advice; fee statutes and thresholds change and a court retains the final say on what qualifies.
General information drawn from state statutes and official court materials, not legal advice. Whether probate is required is STATE law and differs in every state; thresholds, what the small-estate route reaches, and probate costs all change, and every figure here is sourced and dated. We are not a law firm and this is not legal advice.