Expedited Probate: How to Speed Up Property Transfers in Florida

When someone passes away leaving assets in Florida—especially real estate—their heirs must go through the probate process. This legal procedure can take months—or even years—if not handled properly. However, there are tools and strategies that can speed up probate and facilitate the transfer of assets, especially if the decedent’s legal and financial situation allows it.

In this article, we’ll explain how expedited probate works in Florida, who qualifies for this simplified process, and what steps you can take to avoid unnecessary delays.

What is Probate in Florida?

Probate is the legal process through which a deceased person’s assets are identified, debts are paid, and the remaining assets are distributed to heirs or beneficiaries. While Florida provides a structured process for this, it’s not always fast.

There are two main types of probate in Florida:

1. Formal Administration: Requires active court supervision and is usually the lengthier process.
2. Summary Administration: A simplified procedure that allows for a faster resolution, provided certain requirements are met.

What Is Summary or Expedited Probate?

Summary administration is a form of expedited probate that allows assets to be transferred without going through the full formal administration process. It is designed for simpler cases and smaller estates.

This process can be completed in a matter of weeks, as opposed to the six months to a year that formal probate might take.

Who Qualifies for Summary Administration in Florida?

To be eligible for this expedited process, at least one of the following conditions must be met:
• The decedent has been deceased for more than two years, or
• The total value of the estate subject to probate in Florida does not exceed $75,000 USD, excluding exempt property such as the homestead.

It’s important to note that the existence of a will does not prevent summary administration, although it may influence the process.

Benefits of Choosing Expedited Probate

• Shorter duration of the process
• Reduced legal and administrative costs
• Fewer court appearances and formalities
• Faster access to assets—especially helpful if there’s an urgent need (e.g., selling property, paying a mortgage, or preventing property deterioration)

How Do You Start an Expedited Probate?

The process begins with filing a Petition for Summary Administration with the probate court in the county where the decedent resided or where their property is located.

This petition must include:
• Information about the deceased
• A list of heirs or beneficiaries
• An inventory of the estate subject to probate
• A copy of the will (if one exists)
• A sworn statement regarding the decedent’s debts

Once approved, the court issues an order to distribute the assets directly to the heirs—without appointing a personal representative or executor.

What if There Are Properties in Other States?

If the deceased owned property in multiple states, a process known as ancillary probate may be required. However, with proper planning—such as the use of revocable living trusts—these additional procedures can often be avoided.

Other Strategies to Simplify Property Transfers

In addition to summary administration, there are other ways to avoid or simplify probate:

1. Place property in a revocable trust
   A trust allows property to transfer automatically to the beneficiary upon the owner’s death, without court involvement.
2. Joint ownership with right of survivorship
   Property held jointly under this type of ownership passes automatically to the surviving co-owner.
3. Lifetime transfers
   Gifting property during one’s lifetime or transferring it with a life estate provision can avoid probate entirely—but must be done carefully to avoid tax consequences.
4. Homestead declaration
   A properly declared homestead can be exempt from certain probate processes and offers additional legal protections.

What If You Don’t Qualify for Expedited Probate?

If the requirements for summary administration are not met, formal probate will be necessary. Still, with proper legal guidance, delays can be minimized and the financial impact of the process reduced.

Common Scenarios Where Expedited Probate Is Possible

• Death of a spouse without children and with a small estate
• Ownership of a single, low-value property
• Elderly individuals who sold most of their assets before passing and left only a bank account or vehicle

The Importance of Legal Guidance

Although summary administration is simpler, it remains a legal process that must meet specific requirements. Mistakes in documentation or petition filing can delay or derail the process.

Working with attorneys who specialize in Florida probate is essential to avoid errors and make the most of the legal tools available.

Expedited probate in Florida can be an excellent option to transfer property quickly and efficiently—provided the legal criteria are met. With the right planning and professional guidance, long court processes can be avoided, costs reduced, and heirs’ interests protected.

Need Help Speeding Up the Property Transfer Process After a Loved One’s Passing?

At Jurado & Associates, we specialize in Florida probate and can help you determine whether you qualify for expedited probate—and guide you through the entire legal process. Contact us today at [email protected] or call or WhatsApp us at +1 (305)-921-0976. We’re here to help you navigate probate quickly, safely, and efficiently.