Florida Summary Administration Limit: $150,000 and No Waiting Period (2026)

Florida's streamlined probate alternative is called summary administration, and it is a shorter court procedure than formal administration. There is no mandatory waiting period.

This guide explains Florida's $150,000 limit and how summary administration works.

The $150,000 Limit

Under Florida Statutes Section 735.201, summary administration may be used when the value of the entire estate subject to administration in Florida, less property exempt from creditors' claims (such as protected homestead, exempt property under Section 732.402 when a surviving spouse or children claim it, and the $1,000 constitutional personal property exemption), is $150,000 or less, or when the decedent has been dead for more than 2 years. Real property can be part of a summary administration. The decedent's will must not direct administration as required by chapter 733 (Section 735.201(1)). Florida generally does not count homestead, but the court must determine homestead status, so ask the clerk or an attorney. Florida doubled the dollar threshold from $75,000 to $150,000 in CS/HB 1337 (Chapter 2026-57), which took effect July 1, 2026. The act has no applicability clause. Fla. Stat. 735.2055 tests eligibility 'at the time of filing', which suggests the $150,000 limit applies to petitions filed on or after July 1, 2026, but no court has decided this for an earlier death; confirm with the clerk or a Florida attorney. Exempt property under Section 732.402 must be claimed by the surviving spouse or children and confirmed by the court, and homestead is protected only when it passes to the surviving spouse or heirs (Fla. Const. art. X, s. 4(b)). ExecutorBench subtracts them only when you say a spouse or child survives.

Assets counted are generally those owned in the decedent's sole name with no named beneficiary or joint owner, less property exempt from creditors.

No Waiting Period in Florida

Florida has no waiting period in chapter 735, so you can begin the summary administration process at any stage (Section 735.2055).

What Summary Administration Includes

Summary administration in Florida involves:

1. Filing a petition signed and verified by the surviving spouse and beneficiaries, or serving formal notice on those who do not join (Section 735.203)
2. A diligent search for reasonably ascertainable creditors, service of the petition on them, and provision for payment before the order (Section 735.206(2))
3. Depositing the original will with the clerk (Section 732.901); the will is proved and admitted to probate as part of the petition (Section 735.206(1))
4. The judge entering the order of summary administration
5. Distributing assets under the order

There is no personal representative, letters, inventory, estate account, accounting or discharge. The order of summary administration lets you distribute the assets to the people entitled to them (Fla. Stat. 735.206(3)). Each person who receives property can be liable for a pro rata share of valid claims up to the value received, and after 2 years from the death neither the estate nor those who received property are liable for a claim unless proceedings were taken to enforce it (735.206(4)(e), (f)). A known creditor who was not served can enforce the claim and recover attorney fees from those who joined in the petition (735.206(4)(d)). Summary administration typically finishes in 2 to 4 months, compared to 6 to 12 months for formal administration (typical; varies by county).

Assets That Don't Count Toward the Limit

• Joint accounts
• Payable-on-death (POD) accounts
• Life insurance proceeds (unless estate is beneficiary)
• Retirement accounts with named beneficiaries
• Trust assets

Illustrative Example

A Florida executor has:

• Checking account (sole): $25,000
• Savings account (sole): $18,000
• Vehicle (sole): $7,000
• Life insurance (named beneficiary): $150,000

Estate subject to administration: $50,000

Result: This estate is under the $150,000 limit, so summary administration may be available. The $150,000 life insurance passes to the named beneficiary outside probate and doesn't count toward the limit.

Other Florida Procedures for Small Personal Property Estates

Florida also allows disposition without administration for estates of only exempt personal property plus limited other personal property (Fla. Stat. 735.301), and, for intestate estates after 1 year, up to $20,000 of nonexempt personal property (735.304, amended July 1, 2026). Ask the clerk whether it fits.

Full Probate vs. Summary Administration in Florida

Factor	Summary Admin	Full Probate
Estate limit	$150k or less (less exempt property), or dead more than 2 years	Any size
Waiting period	None	None
Court involvement	Yes, but streamlined	Yes, extensive
Time to close	2 to 4 months (typical; varies by county)	6 to 12 months (typical; varies by county)
Cost	$1,000 - $2,500 (typical; varies by county)	$5,000 - $20,000+ (typical; varies by county)
Attorney	Not expressly required by Rule 5.030(a), which covers personal representatives. Florida's summary administration rule (5.530) is written assuming petitioners have an attorney, and many courts expect one. Ask the clerk whether your court accepts a petition from a self-represented petitioner.	Required for the personal representative unless the only interested person (Probate Rule 5.030(a))
Will	Allowed unless it directs formal administration (735.201(1)); the will is proved and admitted (735.206(1))	Allowed

Next Steps

If the published rules point to summary administration for your Florida estate, these are the usual steps (ask the clerk or a Florida attorney which procedure to file and who prepares the petition):

1. Gather probate assets and values
2. Locate the original will (if any); it must be deposited with the clerk within 10 days after you learn of the death (Section 732.901)
3. Get each beneficiary and the surviving spouse to sign the petition, or serve formal notice on those who do not join
4. Deposit the original will with the clerk; the petition is filed with the probate court (ExecutorBench does not prepare the petition or any Florida court filing)
5. Make a diligent search for creditors and serve known creditors with the petition

Use ExecutorBench's free eligibility checker to see the route that usually applies to the numbers you enter.

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Disclaimer: ExecutorBench is self-help software. It is not a law firm, it does not give legal advice, and it is not a substitute for the advice of an attorney. Using it does not create an attorney-client relationship, and what you enter is not protected by attorney-client privilege. For specific questions about Florida summary administration, consult an attorney licensed in Florida.