Summary Administration
in Florida

The Simplified Probate Process and Whether You Qualify

Summary administration is Florida's faster, less expensive alternative to formal probate. If your situation meets the eligibility criteria, it can often be completed in weeks rather than months. The first question to answer is whether it applies to your estate.

Who Qualifies for Summary Administration in Florida

Florida summary administration is available in two situations:

• The estate's non-exempt assets are valued at $75,000 or less, regardless of when the decedent passed away
  
  OR
  
  
• The decedent passed away more than two years ago, regardless of the estate's value

If either condition is met, summary administration may be available. The calculation is based on non-exempt assets — not the total estate value. Exempt assets, including the homestead property and certain personal property, are excluded from the threshold. Identifying which assets count toward the limit is one of the first things an attorney assesses.

If neither condition is met, formal administration is the required path.

How Summary Administration Works in Florida

Summary administration is simpler than formal administration, but it still requires a court-filed petition and judicial approval before assets can be distributed. There is no personal representative appointed, which removes several procedural steps — but the petition itself must meet specific statutory requirements to be accepted by the court.

Filing the Petition for Summary Administration

Any interested person — such as a beneficiary can file a petition to begin the proceedings in the county where the decedent was domiciled or where the decedent owned real property.

The petition identifies the decedent, the beneficiaries, and each asset proposed for distribution. It must include specific statutory language and attach supporting documents including the death certificate and, if one exists, the will.

Unlike formal administration, there is no court-appointed personal representative. However, other interested persons such as additional beneficiaries — are required to join in or formally agree to the proceedings before the court will proceed.

Court Review and Order of Summary Administration

The court reviews the petition and, if satisfied that eligibility requirements are met and the proposed distribution is proper, enters an Order of Summary Administration. This order directs how assets are to be distributed and serves as the legal authority for transferring titled assets — real property, vehicles, financial accounts — into the names of the beneficiaries.

 Asset Transfer and Distribution

Once the order is entered, beneficiaries use it to transfer assets. Financial institutions, title companies, and the Department of Motor Vehicles all accept a court-issued Order of Summary Administration as authority to complete the transfer. No further court involvement is typically required after the order is entered.

How Summary and Formal Administration Compare

These are the key differences between the two processes for families deciding which path applies.

Eligibility:  Summary administration requires non-exempt assets of $75,000 or less, or a death more than two years ago. Formal administration is required when neither condition is met.

Timeline: Summary administration can be completed in four to eight weeks for straightforward cases. Formal administration typically takes six to twelve months.

Cost: Summary administration involves lower attorney fees and fewer court costs than formal administration due to the reduced procedural requirements.

Personal representative: Summary administration does not require appointing a personal representative. Formal administration requires one, along with all associated obligations.

Creditor notification: Summary administration does not include a mandatory creditor claim period. Beneficiaries who receive distributions through summary administration may have personal liability for valid creditor claims under certain circumstances — an important consideration an attorney should address before filing.

Court involvement: Both processes require a filed petition and judicial approval. Summary administration requires less ongoing court involvement after the petition is filed.

It Is Not Too Late If the Death Occurred Years Ago

Florida law places no statute of limitations on opening summary administration. If a family member passed away years ago and the estate was never probated, summary administration is still available — provided the eligibility criteria are met. The two-year rule actually works in favor of delayed estates: if more than two years have passed since the death, summary administration is available regardless of the estate's value.

This firm regularly assists families who are opening probate years after a death, whether because they did not know it was required, because the estate appeared to have no assets at the time, or because a property title issue has surfaced that requires a probate proceeding to resolve.

Do You Need an Attorney for Summary Administration in Florida?

Florida law does not require an attorney for summary administration, but the petition must meet specific statutory requirements. Courts reject petitions that use incorrect language, misidentify exempt versus non-exempt assets, or omit required attachments. A rejected petition must be corrected and refiled, which adds time and cost to a process that was chosen specifically for its efficiency.

An attorney catches what most families wouldn't know to look for — the correct classification of assets, the proper statutory language, and the procedural requirements specific to the county where the petition is filed. The cost of getting it right the first time is almost always less than the cost of correcting a mistake.