FL · Circuit Court — Probate Division
Florida
Aggregate (personal + real)
$75,000
statutory cap
No mandatory wait
Excludes homestead and exempt personal property under § 732.402. Alternative: no $ limit if decedent has been deceased >2 years.
Who is eligible to file
- Surviving spouse or registered domestic partner
- Adult children, equally if more than one
- Parents of the decedent, if no spouse or descendants
- The named executor under the will, if one exists
- An heir at law under Florida's intestate-succession statute, in the absence of the above
What counts toward the threshold
The threshold counts only assets that pass through probate. The following do not count against the cap:
Joint tenancy property
Passes by right of survivorship.
Community property w/ ROS
Vests in surviving spouse.
Beneficiary-designated
Life insurance, IRAs, 401(k)s.
TOD / POD accounts
Bank, brokerage, vehicle titles.
Living trust assets
Distributed by the trust, not the will.
Wages owed to surviving spouse
Often a separate path.
State note: Excludes homestead and exempt personal property under § 732.402. Alternative: no $ limit if decedent has been deceased >2 years.
Real property
Homestead can pass via summary administration; real property generally requires court order under § 735.206.
Where to file
File with the Circuit Court — Probate Division in the county where the decedent resided at death.
We do not maintain a county-by-county directory. The Florida judicial system operates an authoritative court locator.
Find your county’s Circuit Court — Probate Division via the Florida judicial council website. Search for “Florida Circuit Court — Probate Division county locator” or visit the state government court directory.
Form & statute
Form
- Petition for Summary AdministrationEach circuit has its own template (e.g., 12th Circuit Form 5.530).
Statute