Understanding Florida Probate: Summary Administration vs. Formal Administration for Land Transfers

Inheriting a piece of Florida land can be exciting, until the legal reality sets in and starts to feel like a maze of paperwork and questions.

If you’ve recently lost someone close to you and now own a vacant lot or piece of land in Florida, you’re probably wondering: “How do I sell this?”

Whether the land is worth $5,000 or $500,000, you can’t sell or transfer it until it goes through Florida’s probate court. The good news? Florida does have some faster options if you know what to look for.

Many people expect to sign a simple piece of paper and move on, and in some states, that’s possible. But in Florida, the law is very specific.

Understanding the difference between Summary Administration and Formal Administration can save thousands of dollars and months of waiting. Here’s how the Florida probate system works so you can handle your land transfer with confidence.

Florida’s Big Rule: No Shortcuts for Real Estate

One of the most common myths we hear from landowners is that they can use a “Small Estate Affidavit” to sell their property.

While this works in states like Texas or Arizona, Florida does NOT have a small estate affidavit for real estate.

Whether the property is a house, a commercial lot, or even a tiny strip of vacant land, it must go through a court-supervised probate process. You cannot simply sign a sworn statement and walk into a title company.

There is a process called “Disposition Without Administration,” but it’s very limited. This only applies to personal property, like a small bank account or a car. It’s usually reserved for reimbursing someone for funeral costs or final medical bills.

This will not help when you have inherited property in Florida. To sum up, if land’s involved, the Disposition Without Administration option is off the table.

Summary Administration: The Florida “Express Lane”

If the value of the inherited land is low, or if significant time has passed since the owner died, you might qualify for Summary Administration.

This is the fastest way to get a court order that allows you to sell the land.

There are two main ways to qualify for this faster process:

1. The $75,000 Threshold: The total value of the probate estate (excluding the “homestead” or primary residence) is $75,000 or less.
2. The 2-Year Rule: The person passed away more than two years ago. Once two years have passed, the $75,000 limit no longer matters. The estate can almost always go through summary administration regardless of its value.

This is a massive win for heirs since creditors are legally barred from making claims after two years. The court lets you bypass the long “notice period” and move straight to the finish line.

Formal Administration: The Traditional Path

If the estate is large (valued at more than $75,000) and the death occurred recently, you will likely need Formal Administration. This is the full version of probate that most people fear.

• In this process, the court appoints a Personal Representative (often called an executor in other states).
• This person is given Letters of Administration. This is the legal authorization that allows them to manage the estate, pay debts, and eventually sign the deed to sell the land.

Keep in mind that formal administration is more expensive and requires more paperwork. But it’s necessary for complex estates or situations where the family is disputing the inheritance.

Understanding “Exempt Property” Rules

In Florida probate, the term “Exempt Property” is a specific legal category that covers personal belongings.

Land (real estate) is handled under a separate, much more powerful set of rules known as “Protected Homestead.”

When calculating that $75,000 limit, Florida law gives you some “freebies” that don’t count toward the total. These are known as Exempt Property, and they are protected from creditors.

If the decedent was a Florida resident, the surviving spouse or children may be able to claim several items as exempt property.

This includes the following:

• Household Furniture & Appliances: Up to a net value of $20,000.
• Two Motor Vehicles: As long as they were used as personal cars and weigh less than 15,000 lbs.
• The Homestead: A primary residence is generally exempt from the $75,000 calculation. This is why many families can use Summary Administration even if the family home is worth much more. More on that ahead.

The “Homestead” Exemption (Real Estate)

For land to gain protection from creditors in Florida, it must meet the strict requirements for Protected Homestead status under the Florida Constitution. Florida law offers extremely strong protection for this type of property.

Requirements for Land to be “Protected”:

• Primary Residence: The owner must have lived on the land and intended it to be their permanent home.
• Size Limits:
  • Inside a Municipality: Up to 0.5 acres of contiguous land.
  • Outside a Municipality: Up to 160 acres of contiguous land.
• Natural Person: Only land owned by an individual (not a corporation or LLC) qualifies.

Does Vacant Land Qualify?

Generally, no. Vacant land that has never been lived on is usually considered a “non-exempt” asset. This means:

1. Creditors can reach it: If the decedent had medical bills or credit card debt, the court can order the vacant land sold to pay those debts.
2. No Devise Restrictions: Unlike a home, you can leave vacant land to anyone you want in your will. A homestead can’t be left to a friend if you have a spouse or minor children.
3. The “Contiguous” Exception: The vacant land may be protected as part of your 160-acre homestead. This works if you own a house on one acre and the adjacent vacant 5-acre lot is “contiguous” (touching), and you’re outside city limits.

The “Family Allowance”

Florida also gives families up to $18,000 to help them get by during the probate process (Florida Statute § 732.403).

This is a cash payment from the estate to the surviving spouse or heirs for their support during the probate process. It is paid out before creditors get a cent.

Summary Table: Is the Land Protected?

Key Takeaway for Vacant Land

If the land you are looking at is vacant and was not part of the owner’s primary residence acreage, it is not exempt. It is a probate asset that can be used to pay the decedent’s debts and is subject to the standard probate timelines (Summary or Formal) we discussed.

Knowing these exempt property rules can help speed up the Florida probate process. After all, they act as a financial shield and a shortcut for the family.

Timeline Comparison: How Fast Can You Sell?

The biggest difference between the summary and formal administration paths is how long it takes. When you’re paying property taxes and insurance on land you don’t want, every week counts.

Here’s what to expect when you’re ready to sell the land:

In short, summary administration is a “fast-track” option for small or old estates. Formal administration is a lengthy, multi-step process for creditor protection and court oversight.

Why Land Heirs Often Get Stuck

Since the process of selling inherited land can be long and complex, many issues can trip up families.

From sorting out the paperwork when there are multiple heirs to understanding the specific laws depending on the type of property you’ve inherited, like Florida wetlands, probate can be tricky.

In our experience, the most common reason a land sale falls through in Florida is that the heirs waited too long to start probate.

As an example, you might find a buyer who is ready to pay cash today. But if you don’t have that court order or those Letters of Administration, the title company will stop the deal in its tracks.

We often see families who inherited land 10 years ago and never did the paperwork.

The good news for those families is that they are well past the two-year mark. This means they’re the perfect candidates for the faster Summary Administration.

Here are some quick tips to speed up the Florida probate process:

• Tip: Check the date of death. If it’s been more than 24 months, you can skip the $75k limit.
• Tip: Gather the “Legal Description” from the tax bill; your attorney will need it for the petition.
• Tip: Don’t pay for a full survey until you know which probate path you are taking.

Get a Cash Offer for Your Florida Land

If you’re ready to move forward with your inherited property, we can help.

We’ll review your Florida land and provide a straightforward cash offer. We handle the details so you don’t have to deal with ongoing property taxes or legal paperwork.

If you’d like to turn your inherited Florida land into a closed chapter, we’re here to make that process simple.