When a loved one passes away, one of the first questions families ask is “What type of probate is required?” The answer depends on the assets involved, how they are titled, whether there is a will, and whether the heirs agree.

As an attorney with more than 40 years of probate experience, a former CPA, and a professional holding a Master’s in Estate Planning, I have handled every type of probate case in Florida—from straightforward estates to highly contested matters involving blended families, real estate, and multiple jurisdictions. Below is a clear explanation of the main types of probate and when each applies.

Formal Administration

Formal administration is the most common type of probate in Florida and is required when:

• The estate value exceeds Florida’s summary administration threshold, or
• There are disputes among heirs or creditors, or
• Complex assets such as real estate or business interests are involved\

In formal administration, the probate court:

• Validates the will
• Appoints a personal representative
• Issues Letters of Administration, which authorize the representative to collect, manage, and distribute assets

Real-Life Example

I frequently see heirs bring a will to a bank expecting access to accounts. The bank refuses—not because the will is invalid, but because only the probate court can issue Letters of Administration. Without those letters, financial institutions cannot legally release assets.

Formal administration typically takes 6 to 12 months, and longer if disputes arise.

Summary Administration

Summary administration is a shorter, simplified probate process available when:

• The estate qualifies under Florida law, and
• The estate is relatively straightforward with minimal disputes

While summary administration can save time and money, it is not appropriate for every estate. Creditors, real estate ownership, and asset titling must be carefully reviewed before choosing this option.

Professional Insight

Many people assume summary administration is “easy probate.” In practice, mistakes here can cause significant delays or even require reopening the estate. My background as both a CPA and estate planning attorney allows me to spot financial and legal issues before they become costly problems.

Ancillary Probate

Ancillary probate is required when a Florida resident owns property outside of Florida, or when a non-Florida resident owns real estate in Florida.

This type of probate works alongside the primary probate case in another state and focuses solely on the out-of-state property.

Common Scenario

I often handle ancillary probate cases involving Florida retirees who own vacation homes or investment properties in other states. Without proper planning, heirs are forced into multiple probate proceedings, increasing time, legal fees, and stress.

Contested Probate

A probate becomes contested when heirs or interested parties disagree about:

• The validity of the will
• Who should serve as personal representative
• How assets should be divided

Contested probates are common in:

• Second marriages
• Blended families with stepchildren
• Situations where personal property, jewelry, or real estate distributions are disputed

Case Insight

I’ve seen families torn apart when children cannot agree on paying funeral expenses, dividing personal property, or deciding whether to sell the family home. These disputes can turn a routine probate into a lengthy court battle without experienced legal guidance.

Why the Type of Probate Matters

Choosing—or being forced into—the wrong type of probate can:

• Delay asset distribution
• Increase legal and court costs
• Create unnecessary family conflict

This is why proper planning is critical. If you have to read the will to determine who receives an asset, probate is required to transfer that asset legally. Understanding this concept helps families avoid surprises after a loved one passes.

How to Avoid or Simplify Probate

In my practice, I regularly help clients reduce or eliminate probate through proactive estate planning:

• Revocable trusts that hold assets outside of probate
• Beneficiary designations on bank and brokerage accounts
• Quitclaim deeds adding heirs as remaindermen for real estate
• 
  

These strategies can dramatically reduce delays, expenses, and emotional stress for surviving family members.

Who Should Be Paying Attention to This?

If you are a Florida retiree who owns a home, vacation property, or investment real estate, probate planning is essential. Many people mistakenly believe having a will alone avoids probate—it does not.

Whether you need to:

• Update an existing estate plan
• Create a plan for the first time
• Handle probate after a loved one’s passing

Working with an experienced probate attorney ensures your family is protected and your wishes are carried out properly.

Final Thoughts

After more than four decades of handling every type of probate case in Florida, I can confidently say this: the right planning today can spare your family months—or years—of legal frustration tomorrow.

If you would like to review or update your estate plan, or if your family needs guidance through the probate process, I encourage you to contact my office. Proper planning brings peace of mind—both for you and for those you love.