Reference guide to probate terms
Plain-English definitions for the legal language you will hear from the court, the attorney, and the title company, specific to how Florida probate works.
Ancillary Administration
A Florida probate proceeding for a nonresident decedent who owned property in Florida, handled alongside the primary probate case in their home state.
Beneficiary
Anyone entitled to receive part of the estate, whether named in a will or determined by Florida's intestacy law.
Curator
A person the court can appoint to temporarily take charge of and protect estate assets before a personal representative is formally appointed.
Devisee
A person named in a will to receive real or personal property from the estate.
Disposition Without Administration
A simplified process, even shorter than summary administration, for very small estates made up mainly of exempt property and modest final expenses.
Elective Share
The portion of the estate, generally 30 percent, a surviving spouse can claim regardless of what the will says.
Formal Administration
The standard, court-supervised probate process used for most estates, typically taking 8 to 12 months.
Homestead Property
The decedent's primary residence, which receives special protections and restrictions under Florida law that can affect who inherits it and how.
Intestate
Dying without a valid will in place.
Inventory
The formal list of estate assets and their values that the personal representative files with the court, usually within 60 days of receiving Letters.
Letters of Administration
The court document proving the personal representative's legal authority to act on the estate's behalf, including signing for the sale of real property.
Non-Probate Assets
Property that passes automatically outside of probate, such as jointly owned accounts with survivorship rights or anything with a named beneficiary.
Notice to Creditors
The notice published in a local newspaper that starts the three-month window creditors have to file claims against the estate.
Personal Representative
The person, bank, or trust company appointed by the court to administer the estate. Florida's term for what other states call an executor or administrator.
Personal Representative's Deed
The deed a personal representative signs to transfer estate real property to a buyer or to a beneficiary.
Probate Estate
Assets owned solely by the decedent, or owned jointly without an automatic right of survivorship, that require court supervision to transfer.
Summary Administration
A shortened probate process for estates worth $150,000 or less (Florida raised this from $75,000 for deaths on or after July 1, 2026), or when the decedent has been deceased more than two years.
Testate
Having a valid will in place at the time of death.
This is a general overview for informational purposes and is not legal advice. Actual requirements vary by county, court, and the complexity of the estate. Consult a licensed Florida probate attorney for guidance specific to your situation.
