Florida Summary Administration Process: How It Works (2026)

Florida's summary administration is designed for smaller estates and has no personal representative, letters or discharge. Here's how it works.

When the Published Rules Point to Summary Administration

Estates where the value of the estate subject to administration, less exempt property, is $150,000 or less, or where the decedent has been dead more than 2 years. Real property is allowed. Protected homestead, Section 732.402 exempt property and the $1,000 constitutional exemption are not counted; the court determines homestead status. The will must not direct administration as required by chapter 733 (Section 735.201(1)).

Timeline: Immediate Filing, 2-4 Month Close

• Day 0: No waiting period; file immediately
• Weeks 1-2: Serve known creditors after a diligent search
• Weeks 3-8: Court reviews and enters the order of summary administration
• Weeks 8-12: Distribute assets under the order
• Total: typically 2 to 4 months (typical; varies by county)

Step-by-Step

1. Gather Documents

• Death certificate (several copies)
• The original will, which must be deposited with the clerk (Section 732.901) and is proved and admitted to probate as part of the petition (Section 735.206(1))
• Asset list with values
• Beneficiary information
• Proof of heirship (for intestate estates)

2. Petition for Summary Administration

The petition is filed with the probate court in the county where the decedent lived. ExecutorBench does not prepare the petition or any Florida court filing, and the clerk or a Florida attorney can tell you which procedure to file and who files it. It is signed and verified by the surviving spouse and beneficiaries, or formal notice is served on those who do not join (Section 735.203(1)), and includes the statements required by Probate Rule 5.530(a), asset values and names of heirs/beneficiaries. The filing fee is capped at $340 for estates of $1,000 or more ($230 below that), plus $4 (Fla. Stat. 28.2401).

3. Notify Creditors and Interested Persons

Before the order, make a diligent search for reasonably ascertainable creditors, serve them with a copy of the petition, and provide for payment (Florida Statutes Section 735.206(2)). Publishing notice to creditors is optional; if made and proved, claims of unknown creditors are barred unless filed within 3 months after first publication (Section 735.2063).

4. Court Reviews and Approves

The judge reviews the petition. If everything is in order and no objections are filed, the judge enters the order of summary administration.

5. Distribute Assets

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)). Keep receipts for each distribution. There is no separate order closing the estate.

Cost

Item	Cost
Court filing fee	Capped at $340 for estates of $1,000 or more ($230 below that), plus $4 (Fla. Stat. 28.2401)
Death certificates (10 copies)	$40 - $100 (state fee $5 first copy, $4 each additional; county and online fees are higher)
Notice and service costs	$0 - $150
Notary/copies	$20 - $50
Attorney (if hired, flat fee)	$1,500 - $2,500
Total before any attorney fee (excluding court fee)	About $60 - $300

No Waiting Period

Florida has no waiting period in chapter 735, so the petition can be filed at any stage (Section 735.2055).

Comparison: Summary vs. Full Probate

Factor	Summary	Full
Estate limit	$150k or less (less exempt property), or dead more than 2 years	Any size
Real property	Allowed	Allowed
Wait period	None	None
Court involvement	Yes, streamlined	Yes, extensive
Time to close	2-4 months (typical; varies by county)	6-12 months (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 unless the personal representative is the only interested person (Probate Rule 5.030(a))

Use ExecutorBench's free eligibility checker to see the route that usually applies to the numbers you enter, then ask the clerk or a Florida attorney which procedure to file.

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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.