Do You Need Both a Will and a Trust?

When most people think about probate, they imagine a long, complex, and costly legal process. But in Florida, if an estate meets certain criteria, there are special procedures that allow families to transfer assets without the burden of formal probate. These are known as “small estate” options. While not every estate qualifies, understanding these tools can help families save time, reduce stress, and avoid unnecessary expenses.

What Is a Small Estate?

A small estate falls below a threshold set by Florida law, either in terms of total value or the nature of the assets. Florida offers two simplified probate options for small estates:

1. Disposition Without Administration
2. Summary Administration

Both procedures are alternatives to full (formal) probate administration and are designed to help heirs receive assets faster and with fewer legal hurdles.

Disposition Without Administration

This is Florida’s simplest method for transferring assets and is available only in very limited circumstances. It allows an heir to request the release of estate assets—typically small amounts of money or personal property—without going through probate at all.

Requirements:

• The deceased did not own any real estate.

• The only assets are exempt from creditor claims or are needed to pay final expenses.

• The value of the estate is minimal and consists primarily of personal effects.

Common Use Case:

Disposition Without Administration is often used when a person dies with only a small bank account or minimal personal belongings. A surviving spouse or child may use this method to recover funds used to pay for the funeral or final medical bills.

Process:

• File a request with the county probate court.

• Submit receipts showing payment of final expenses.

• Provide a copy of the death certificate and a statement of the estate’s value.

Summary Administration

Summary Administration is a more commonly used small estate tool in Florida and provides a streamlined alternative to formal probate.

Eligibility:

• The total value of the probate estate is $75,000 or less, or
• The decedent has been dead for more than two years (in which case there is no dollar limit).

Key Benefits:

• No need to appoint a personal representative (executor).
• Faster process—often completed in a matter of weeks.
• Lower legal costs and court fees.
• Simplified paperwork and fewer court requirements.

Process:

1. File a petition for summary administration with the probate court.
2. Submit a copy of the will (if one exists) and the death certificate.
3. List all known assets and debts.
4. Request the court to order distribution directly to the beneficiaries.

Limitations and Considerations

While these options can be very helpful, there are important limitations:

Creditor Claims: Even small estates are subject to creditor claims unless the assets are exempt.

Real Estate: Disposition Without Administration does not apply to real property. Summary Administration may be used to transfer real estate, but a clear title may require additional steps.

Contested Estates: If there are disputes among heirs, simplified procedures may not be appropriate.

Accuracy Required: Mistakes in asset valuation or paperwork can delay proceedings or force a switch to formal probate.

When These Procedures Make Sense

Florida’s small estate options are ideal for:

Families handling a modest estate with minimal debt.

Situations where estate planning wasn’t done, but probate still needs to be avoided.

Executors or heirs seeking a faster, less expensive alternative to full probate.

How to Know If You Qualify

Understanding whether you qualify for a small estate procedure requires a review of the estate’s total value, asset types, debts, and timing. An estate planning attorney can help you:

• Evaluate eligibility for summary administration or disposition without administration.
• Gather the necessary documents.
• Avoid delays or missteps in filing.
• Determine whether other probate-avoidance tools are more suitable.

Coordinate with an Overall Estate Plan

While these small estate procedures can be helpful after someone passes away, they aren’t substitutes for proactive estate planning. The best way to avoid probate is still to use tools like revocable trusts, beneficiary designations, and Lady Bird deeds while you’re alive. Small estate procedures act more like a backup plan than a primary strategy.

Let Us Guide You Through the Process

At Welter Law, we help families in Florida understand and utilize small estate procedures when appropriate. We guide you through every step, ensuring compliance with the law while easing the burden during a difficult time. Whether you need help managing an estate or are planning to avoid probate altogether, we’re here for you.

Don’t Wait. Don’t Wonder. Choose Welter Law.

We make it easy to get current, stay protected, and plan with confidence.