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Title Tag: Florida Summary Administration (2026): Eligibility, Steps & Costs — Complete Guide - ProbatePedia

Meta Description: Florida Summary Administration is a fast-track probate procedure for qualifying estates — 4 to 8 weeks instead of 12 to 18 months. Learn the $75,000 threshold, the two-year rule, step-by-step process, costs, creditor rules, and what disqualifies an estate.

Florida Summary Administration (2026): Eligibility, Step-by-Step Process, and Costs

Last Updated: March 2026 • Florida Statutes §735.201–§735.206 | Reading time: ~12 minutes

Quick answer

Florida Summary Administration is a simplified probate procedure that takes 4 to 8 weeks instead of 9 to 18 months, costs $1,500–$3,500 in attorney fees instead of tens of thousands, and requires no Personal Representative and no mandatory creditor publication period. It is available when (1) the non-exempt estate assets total $75,000 or less, or (2) the decedent has been dead for more than two years. The Florida homestead is exempt and does not count toward the $75,000 threshold. If your estate qualifies, Summary Administration is almost always the right choice over Formal Administration. Florida's Formal Administration process — the full probate track — requires a court-appointed Personal Representative, a mandatory 3-month creditor publication period, a formal inventory, multiple court hearings, and a final accounting. It takes at minimum 9 to 12 months and costs 3%+ of the gross estate in professional fees. Summary Administration, governed by Florida Statutes §735.201–§735.206, eliminates most of that machinery. There is no Personal Representative. There is no mandatory 3-month waiting period. The proceeding is initiated with a single petition and, if uncontested, concluded with a single court order. For the right estate, it is one of the most efficient legal tools in Florida probate law. This guide covers every aspect of Florida Summary Administration: the two eligibility paths, the complete step-by-step process, how creditors are handled, what the court order accomplishes, and the situations where Summary Administration is unavailable or inadvisable.

Eligibility: The Two Paths to Summary Administration

Florida Statute §735.201 provides two independent bases for Summary Administration. Meeting either one qualifies the estate — both are not required.

PATH A Non-Exempt Estate Assets ≤ $75,000

If the total value of the estate's assets that are subject to administration does not exceed $75,000, Summary Administration is available regardless of when the decedent died.

The critical word is "subject to administration" — not all assets count. Florida law exempts certain assets from the $75,000 calculation:

| ContentCounts Toward $75,000?ContentNotes** | | --- | --- | --- | | ContentNo — exempt** | Constitutional homestead exemption under Art. X §4; regardless of value | | Other real property (non-homestead) | Yes | Investment properties, vacation homes, rental units — all count | | ContentNo — exempt** | Household furnishings up to $1,000; certain other personal property exemptions | | Financial accounts (bank, brokerage, investment) | Yes | Full account balance at date of death | | Vehicles | Yes | Fair market value | | Business interests | Yes | Fair market value of probate interest | | Personal property exceeding exemptions | Yes | Jewelry, art, collectibles, etc. | | ContentNo — non-probate** | These pass outside the estate entirely; never counted in any probate threshold |

The Homestead Exclusion Can Make a Large Estate Qualify:

A Florida resident owns a homestead worth $600,000 (with a $400,000 mortgage), a car worth $18,000, and a checking account with $52,000. Total gross estate: $670,000. But for Summary Administration purposes: homestead is excluded, vehicle counts ($18,000), checking account counts ($52,000). Total subject to administration: $70,000 — well under $75,000. This estate qualifies for Summary Administration despite having $670,000 in total assets. This scenario describes a large portion of Florida's retired homeowner population.

PATH B Decedent Has Been Dead More Than Two Years

If the decedent died more than two years ago, Summary Administration is available regardless of the estate's value. There is no dollar cap under the two-year path.

The rationale: Florida's creditor claim period runs two years from the date of death under §733.710. After two years, virtually all creditor claims are barred by statute. Since the primary purpose of Formal Administration's slow timeline is creditor protection — and that protection is now provided by the statute of limitations itself — the law allows a streamlined process.

Two Years + No Dollar Limit = Powerful Planning Tool:

A family whose parent died two and a half years ago, leaving a $1,200,000 estate that no one addressed at the time, can now use Summary Administration. A $3,000,000 estate where the family delayed filing for over two years qualifies for the simplified track. If you are dealing with a long-delayed estate, always calculate the two-year anniversary before assuming Formal Administration is required. The two-year threshold is measured from the date of death, not the date anyone started thinking about probate.

What Disqualifies an Estate from Summary Administration?

| ContentWhy It MattersContentWhat to Do Instead** | | --- | --- | --- | | Non-exempt assets exceed $75,000 AND death was less than two years ago | Both thresholds must fail simultaneously — if either is met, Summary is available | Formal Administration required; or wait for two-year anniversary if circumstances allow | | Will contest is anticipated or pending | Summary Administration does not have the procedural machinery to resolve contested will validity; a contested Summary Administration petition converts to Formal Administration | Proceed directly with Formal Administration if a challenge is likely | | Known insolvent estate with unpaid creditors | Summary Administration does not provide the full creditor protection framework; distributing assets from an insolvent estate via Summary Administration can expose petitioners to personal liability to unpaid creditors | Formal Administration provides the legal structure to wind down an insolvent estate; consult an attorney before distributing from a potentially insolvent estate | | Active Medicaid recovery claim (AHCA) with disputed amount | AHCA must be identified and addressed; a disputed or large unresolved AHCA claim is better handled in the structured environment of Formal Administration | Attempt to negotiate AHCA claim before or during Summary Administration; if disputed, Formal Administration may be preferable | | Out-of-state real property is the primary asset | Summary Administration in Florida addresses Florida probate assets; out-of-state property requires ancillary proceedings in that state regardless of which Florida track is used | A living trust would have eliminated this problem; consult local counsel in the state where the property is located |

Florida Summary Administration: Step-by-Step Process

The entire Summary Administration proceeding is governed by Florida Statutes §735.201–§735.206. Here is the complete process in sequence:

STEP 1 Confirm Eligibility and Gather Documents

⏱ Before filing — allow 1–2 weeks

Before filing, the petitioner (typically the surviving spouse, an heir, or a beneficiary under the will) must confirm that the estate meets one of the two eligibility thresholds and gather:

  • Certified death certificate (2–4 copies; $10–$14 per copy from county vital statistics)
  • Original will (if any) — Summary Administration can be used with or without a will
  • List of all probate assets with estimated values — financial account statements, vehicle valuations, property records
  • Identification of all beneficiaries under the will or under Florida intestate succession
  • Identification of all known creditors — account statements, medical bills, mortgage statements, any notices from AHCA (Medicaid recovery)
  • Contact information for all interested parties who must be served

If the decedent had a spouse or minor children, the homestead designation must be addressed — either the homestead is confirmed as passing to the surviving spouse or heirs by operation of law (outside the probate estate), or it is included in the Summary Administration petition with the appropriate constitutional protections acknowledged.

STEP 2 Address Known Creditors Before Filing

⏱ 1–3 weeks before or concurrent with filing

Summary Administration does not have a mandatory publication period — but that does not mean creditors are ignored. Under §735.2063, if the estate is solvent and the petitioner knows of creditors, those creditors must receive at least 30 days' notice before assets are distributed. In practice, this means:

  • Identify all known creditors: Review all financial records, bills, and correspondence for outstanding debts.
  • Notify them in writing: Send written notice of the decedent's death and the intent to petition for Summary Administration.
  • Wait 30 days (or resolve claims sooner): Creditors who receive notice have 30 days to respond. Creditors who are not notified may still have claims, which is why accurate creditor identification is critical.
  • AHCA / Medicaid: If the decedent received Florida Medicaid after age 55, contact AHCA before filing to determine if a recovery claim will be filed. AHCA's claim is a priority obligation — distributions to beneficiaries before resolving an AHCA claim can expose petitioners to personal liability.

Personal Liability for Premature Distribution:

Under §735.2063(3), a petitioner who receives a distribution under Summary Administration is personally liable to creditors who are not paid, to the extent of the distribution received — but only if the creditor was known or reasonably ascertainable and was not properly notified. Petitioners who conduct a thorough creditor search and provide proper notice are protected. Petitioners who skip this step to speed up distribution are exposed. The 30-day creditor notice step is not optional if known creditors exist.

STEP 3 Prepare and File the Petition for Summary Administration

⏱ Day 1 of court process | Filing fee: ~$231–$345

The Petition for Summary Administration is a single document filed with the Circuit Court in the county where the decedent was domiciled. Unlike Formal Administration — which requires multiple separate filings over months — this one petition initiates and substantially concludes the proceeding.

The petition must contain (per §735.203):

  • A statement of the basis for jurisdiction (Florida domicile of decedent)
  • The decedent's date of death and the date of the petition
  • The basis for Summary Administration — either the $75,000 threshold or the two-year rule, with supporting facts
  • A statement that the decedent's estate qualifies — identifying exempt assets and their treatment
  • A description of all assets subject to administration with their values
  • The names, addresses, and relationships of all beneficiaries
  • Identification of all known creditors and the amounts owed
  • A statement of how the petitioner proposes to distribute the assets — to whom and in what amount
  • A request that the court enter an Order of Summary Administration directing the proposed distribution

The original will (if any) must be filed with the petition. If there is no will, the proposed distribution must follow Florida's intestate succession statutes (§732.101–§732.111). All beneficiaries and interested parties must consent or be properly noticed.

Filing Fee Schedule for Summary Administration

| ContentFiling Fee (approximate)** | | --- | --- | | $1,000 or less | $100 | | $1,001 – $2,500 | $175 | | $2,501 – $5,000 | $200 | | $5,001 – $10,000 | $265 | | $10,001 – $25,000 | $295 | | $25,001 – $75,000 | $345 | | Two-year rule (any value) | Varies by county — typically $345–$465; consult local Clerk of Court |

Note: These are approximate statewide figures under §28.241. Individual counties may add surcharges. Confirm the exact fee with the Circuit Court Clerk in the county of filing before submitting.

STEP 4 Serve All Interested Parties

⏱ Concurrent with or immediately after filing

All "interested persons" must be served with a copy of the petition and notice of any hearing. Under §731.201(23), interested persons in Summary Administration include:

  • All beneficiaries named in the will (if any)
  • All heirs at law under Florida intestate succession (even if a will exists — they retain the right to contest)
  • All known creditors (who must also receive 30-day pre-distribution notice, as discussed above)
  • The surviving spouse (if any), regardless of whether they are a beneficiary
  • AHCA, if the decedent received Medicaid benefits after age 55 (separate notice requirement)

Service can be accomplished by personal service or by mail. If any interested party cannot be located after diligent search, the court can authorize service by publication — though this adds time and expense.

All Adult Beneficiaries Should Sign the Petition If Possible:

While not strictly required in every case, having all adult beneficiaries join as co-petitioners or sign a written consent to the proposed distribution significantly reduces the risk of a court hearing being required, eliminates the most common grounds for an objection, and speeds up the process. If all beneficiaries agree on the distribution, a jointly filed or consented petition typically proceeds to an Order of Summary Administration without a contested hearing.

STEP 5 Court Hearing (If Required) or Clerk Review

⏱ 2–5 weeks after filing

Whether a court hearing is required depends on the county and whether any objections are filed. In practice:

| ContentCourt ProcessContentTypical Timeline** | | --- | --- | --- | | No objections, all parties consent, petition complete | Some counties allow the judge to sign the Order on the papers without a hearing; others require a brief hearing as a matter of procedure | 2–4 weeks after filing | | Petition complete but hearing required by local rule | Brief uncontested hearing — typically 5–15 minutes; petitioner or attorney appears before judge | 3–6 weeks after filing (depends on court calendar) | | Objection filed by a beneficiary or creditor | Court sets a contested hearing; parties present arguments; judge decides — or matter may convert to Formal Administration | 6 weeks to several months depending on complexity | | AHCA objection to proposed distribution | Court typically requires AHCA claim to be resolved before entering distribution order | Add 4–12 weeks for AHCA negotiation |

STEP 6 Order of Summary Administration Issued

⏱ At or shortly after hearing

When the court is satisfied that the petition is proper and the proposed distribution is lawful, it enters an Order of Summary Administration. This order:

  • Admits the will to probate (if a will exists) — establishing it as the decedent's valid last will
  • Finds that the estate qualifies for Summary Administration
  • Directs the specific distribution of estate assets — naming who receives what
  • Serves as legal authority for financial institutions and property records offices to transfer assets

The Order of Summary Administration functions as the equivalent of Letters of Administration in a Formal proceeding — it is the document that financial institutions, the DMV, the county property appraiser, and other asset holders will require to transfer title.

Order multiple certified copies of the Order from the Clerk of Court. Most financial institutions require their own original certified copy, and real estate transfers require a copy recorded in the county land records. Plan for 4 to 8 certified copies depending on the number of asset holders involved.

STEP 7 Transfer Assets Using the Court Order

⏱ 1–4 weeks after Order

With the Order of Summary Administration in hand, the beneficiaries (not a Personal Representative — there is none) take the following steps to transfer assets:

Real Property (Non-Homestead)

Record a certified copy of the Order of Summary Administration with the county Clerk of Court in the county where the property is located (which may be different from the county where the petition was filed). The property appraiser's office will update the ownership records. No deed from a Personal Representative is required — the court order itself serves as the instrument of transfer.

Homestead Property

Homestead real property typically passes outside the Summary Administration proceeding entirely — it passes by operation of Florida's constitutional homestead law directly to the surviving spouse or heirs, without court involvement. To clear title on homestead property, the beneficiary typically records a certified copy of the death certificate plus an Affidavit of Heirs (or similar instrument) with the county clerk. Consult a Florida real estate attorney to confirm the appropriate recording for your specific homestead situation.

Financial Accounts — Banks and Brokerages

Present a certified copy of the Order of Summary Administration and a certified death certificate to each financial institution. The institution will retitle or distribute the account to the named beneficiary according to the order. Some institutions may require their own internal forms in addition to the court order.

Vehicles

Take the certified Order and death certificate to a Florida DMV service center to retitle the vehicle. Use FLHSMV Form HSMV 82040 (Affidavit for Transfer) along with the court order. For a single vehicle of modest value where all heirs agree, it may be possible to use the simplified DMV transfer procedure without a court order — confirm eligibility at the DMV before filing the Summary Administration petition solely for a vehicle.

Investment and Brokerage Accounts

Brokerage firms typically process the transfer within 5 to 10 business days of receiving the certified Order and death certificate. Some firms will require a medallion signature guarantee for the transfer. Contact the brokerage's estate department in advance to identify their specific requirements.

Summary Administration Costs: Complete Breakdown

| ContentTypical RangeContentNotes** | | --- | --- | --- | | Attorney fees | $1,500–$3,500 flat fee (uncontested) | Most Florida attorneys charge a flat fee for straightforward Summary Administration; complex or contested matters billed hourly at $200–$450/hr depending on county | | Court filing fee | $231–$465 depending on estate value and county | See fee schedule above; two-year-rule petitions typically at the upper end | | Certified death certificates | $10–$14 each; budget for 4–6 copies | Available from county vital statistics office or Florida Department of Health online portal | | Certified copies of Order of Summary Administration | $1–$2 per page + certification fee; budget $20–$60 total | Obtained from Clerk of Court after Order is entered; get at least 4–6 certified copies | | Recording fees (if real property) | $10–$20 first page + $8.50 per additional page | Recording the Order with county Clerk to transfer real estate title; per-county rates vary slightly | | AHCA negotiation (if Medicaid recovery) | $500–$3,000+ in additional attorney fees | If AHCA files a recovery claim, negotiating the amount with AHCA adds attorney time | | Content$2,000–$4,500** | All-in for a straightforward Summary Administration with no AHCA claim, no real estate sale, and cooperative heirs |

Summary Administration vs. Formal Administration — The Cost Gap:

On a $400,000 gross estate (home $340,000 + bank accounts $60,000), Summary Administration costs roughly $2,500–$4,000 all-in (the home is excluded; only the $60,000 in accounts is subject to administration). Formal Administration on the same estate — if it were required — would cost $12,000–$15,000 in combined attorney and PR fees at the §733.6171 schedule (applied to the full $400,000), plus court fees and expenses. The difference: $8,000–$12,000 and 10–14 months of time. The homestead exclusion makes this a very common scenario for Florida families.

Handling Creditors in Summary Administration

The absence of a mandatory publication period does not mean creditors are unprotected — or that petitioners can safely ignore them. Florida law balances the efficiency of Summary Administration against creditor rights through a different mechanism: personal liability of the distributees.

The Petitioner's Exposure

Under §735.2063, a person who receives assets through Summary Administration is personally liable to creditors who are not paid — to the full extent of the value of assets received. This liability runs for the same period as the general statute of limitations on the underlying debt.

This means: if a beneficiary receives $50,000 through Summary Administration and the estate had an unpaid $20,000 medical bill that was not addressed, the beneficiary can be sued personally by the creditor for up to $20,000 — even years later.

The protection is simple: conduct a thorough creditor search, provide written notice to all known creditors, wait the required 30 days, and pay or resolve all valid claims before distributing to beneficiaries. A competent Florida probate attorney will handle this as a standard part of the Summary Administration process.

Priority Order for Creditor Payments in Summary Administration

While Summary Administration lacks the formal priority framework of Formal Administration, the same general principles apply to the order of payment when the estate's assets are limited:

  • First: Costs of the proceeding (attorney fees, court costs)
  • Second: Funeral and burial expenses (up to reasonable amounts)
  • Third: AHCA Medicaid recovery claim (if applicable)
  • Fourth: Other known debts (medical bills, credit cards, outstanding loans)
  • Last: Distribution to beneficiaries — only after all known creditors are addressed

AHCA Medicaid Recovery in Summary Administration

If the decedent received Florida Medicaid benefits (Medically Needy, Institutional Care Program, or similar long-term care programs) after age 55, AHCA has a right to file a recovery claim. This right extends to assets passing through Summary Administration.

Before filing the petition, contact AHCA's Estate Recovery Unit to determine whether a claim will be filed and, if so, the amount. AHCA claims are negotiable — the agency often accepts a reduced amount, particularly when the primary asset is the homestead and the surviving family demonstrates hardship. An attorney experienced in Florida Medicaid estate recovery can often negotiate a significant reduction in the AHCA claim amount.

AHCA Cannot Recover from Homestead in Most Cases:

Florida's constitutional homestead protection generally shields the homestead from AHCA estate recovery claims — because the homestead passes outside the probate estate to the surviving spouse or heirs, not through any court proceeding. AHCA's recovery right in Florida is limited to assets passing through probate (consistent with §409.9101's limitation to the probate estate). A homestead passing to heirs via operation of constitutional law — outside Summary Administration entirely — is not reachable by AHCA. This protection does not apply if the homestead is actually included in the Summary Administration petition as an asset subject to administration.

Special Scenarios and Edge Cases

Summary Administration with a Will vs. Without a Will

Summary Administration is available whether the decedent left a will or died intestate (without a will). The difference:

  • With a will: The original will is filed with the petition; the court admits it to probate as part of the Summary Administration Order; assets are distributed according to the will's terms.
  • Without a will: The petition states that the decedent died intestate; the proposed distribution follows Florida's intestate succession statutes (§732.101–§732.111); the court order confirms the intestate heirs and directs distribution accordingly.

Summary Administration When the Two-Year Rule Applies

When proceeding under the two-year rule, the mechanics are identical to the $75,000-threshold path — the same petition form, the same court, the same Order of Summary Administration. The petition simply states the decedent's date of death and establishes that more than two years have elapsed.

One important practical consideration for two-year-rule petitions: financial institutions and the DMV may be more cautious about accepting a court order from a two-year-old estate, and additional documentation of the petitioner's authority may be required. Asset holders are not bound by the statute of limitations that bars creditor claims — they simply need adequate proof of authority to transfer the asset. The certified Order of Summary Administration provides that proof.

Can Summary Administration Be Used for a Florida Homestead?

The homestead can be included in a Summary Administration petition, but in most practical situations it is handled separately — it passes by constitutional operation of law to the surviving spouse or heirs and does not need to go through any court proceeding to transfer. The typical approach is:

  • Exclude the homestead from the Summary Administration petition entirely — it passes outside the estate
  • Address the homestead title separately by recording a death certificate and an Affidavit of Heirs with the county Clerk of Court
  • If title is contested or the heirs cannot agree, the homestead may need to be included in a petition to determine homestead status — a separate proceeding from Summary Administration

Summary Administration After a Living Trust — When Both Are Used

Sometimes an otherwise well-planned estate has a small number of assets that were never transferred into the living trust — a forgotten bank account, a vehicle, or personal property — and these assets end up in the probate estate after death. If the value of these assets is under $75,000, Summary Administration can clean up the unfunded trust assets without a full Formal Administration.

This combination — a living trust that handles the bulk of the estate plus a Summary Administration for small unfunded probate assets — is a practical and common outcome when trust funding was incomplete. It is significantly less expensive and time-consuming than Formal Administration for the same purpose.

Summary Administration vs. Formal Administration: Quick Reference

| ContentSummary AdministrationContentFormal Administration** | | --- | --- | --- | | Governing statute | §735.201–§735.206 | §733.101–§733.901 | | Eligibility | ≤$75K non-exempt assets OR death > 2 years | All estates not qualifying for Summary | | Personal Representative required? | No | Yes — court-appointed, bonded | | Mandatory creditor publication? | No — but known creditors must receive 30-day notice | Yes — 3 months, non-waivable | | Number of court petitions | One (Petition for Summary Administration) | Multiple — administration petition, inventory, accounting, discharge | | Formal inventory required? | No | Yes — filed within 60 days of appointment | | Final accounting required? | No (unless contested) | Yes — unless waived by all adult beneficiaries | | Timeline | 4–8 weeks (uncontested) | 9–18 months minimum | | Attorney fees | $1,500–$3,500 flat (uncontested) | 3% of first $1M + (§733.6171 schedule) | | Privacy | Petition is public record but much less voluminous than Formal Administration | Full inventory, accounting, and distribution are public record |

Frequently Asked Questions

Does Summary Administration protect beneficiaries from all creditor claims after distribution?

No — Summary Administration does not provide the same creditor finality as Formal Administration. In a Formal Administration, creditors who do not file claims within the 3-month publication period are forever barred. In Summary Administration, beneficiaries who receive distributions remain personally liable to known (or reasonably ascertainable) creditors who were not notified and paid, for the statute of limitations period applicable to the underlying debt. The practical protection is: identify all creditors, give them proper 30-day notice, pay valid claims, and document the process carefully. After the limitations period on the underlying debts has run, personal liability expires.

What if a creditor appears after Summary Administration is complete?

A creditor who was not given notice and whose claim was not barred by the two-year statute of limitations (§733.710) can pursue the beneficiaries personally for the value of assets received through Summary Administration. This is the trade-off of the simplified process — faster and cheaper, but without the absolute creditor finality of Formal Administration's mandatory publication and claim period. For this reason, thorough creditor identification before filing is essential, and many attorneys recommend a waiting period of at least 30 to 45 days after notifying known creditors before distributing to beneficiaries.

Can Summary Administration be used if one beneficiary objects to the proposed distribution?

If a beneficiary objects to the distribution proposed in the petition, the court holds a contested hearing. The judge resolves the dispute and either approves a modified distribution or, if the matter is sufficiently complex, converts the proceeding to Formal Administration. A conversion to Formal Administration means starting over with the full process, including appointing a Personal Representative and initiating the 3-month creditor period. Getting beneficiary agreement before filing — ideally by having all adult beneficiaries sign the petition or a written consent — is the best way to avoid this outcome.

Is there a residency requirement for the petitioner in Summary Administration?

Unlike the Personal Representative requirements in Formal Administration (which restrict non-Floridians to family members only), Summary Administration does not appoint a Personal Representative at all — so the Florida residency requirement does not apply. Any person with standing — a beneficiary, surviving spouse, or heir — can be the petitioner regardless of where they live. The Florida attorney handling the matter can serve as the registered agent for service of process if needed.

What happens to the decedent's debts that exceed the estate's value?

If the estate is insolvent — debts exceed assets — Summary Administration is generally not the appropriate vehicle. Attempting a Summary Administration on an insolvent estate risks the petitioner/beneficiary being personally liable to unpaid creditors for amounts distributed. In an insolvent estate, Formal Administration provides the structured priority system for winding down debts and confirming that all creditors received their proper share. Consult a Florida probate attorney immediately if the estate's debts may exceed its assets.

Summary: Is Summary Administration Right for Your Estate?

| ContentSummary Administration Available?ContentRecommended Path** | | --- | --- | --- | | Florida homestead + < $75K in other assets (accounts, vehicle) | Yes — Path A | Summary Administration; homestead handled separately by recording death certificate + Affidavit of Heirs | | No real estate; total estate < $75K | Yes — Path A | Summary Administration; simple petition; low filing fee | | Decedent died 2+ years ago, any estate size | Yes — Path B | Summary Administration; confirm two-year anniversary date from death certificate | | Estate has non-homestead real property pushing total over $75K; death < 2 years | No | Formal Administration required unless you can wait for two-year anniversary | | Estate is insolvent (debts > assets) | Technically possible — but not recommended | Formal Administration strongly preferred for creditor protection and personal liability avoidance | | Will is likely to be contested | No — contested will requires Formal Administration | Proceed directly to Formal Administration | | Estate includes unfunded trust assets only (rest handled by living trust) | Yes — if under $75K | Summary Administration ideal for cleaning up small unfunded probate assets |

Next Steps:

→ Florida Probate Process — Full Formal Administration guide (if Summary is not available)

→ How to Avoid Probate in Florida — Lady Bird Deed, Living Trust, and other methods

→ Florida Lady Bird Deed — eliminate probate on the home before death

→ Find a Florida Probate Attorney — free initial consultation

✅ Data Notes — March 2026

• Summary Administration threshold ($75,000 non-exempt assets) — confirmed §735.201(1)(b); stable; no 2024–2025 amendments

• Two-year rule — confirmed §735.201(1)(a); creditor bar per §733.710 at two years from death

• Homestead exclusion from $75K threshold — confirmed; constitutional; Art. X §4

• 30-day creditor notice requirement — confirmed §735.2063

• Petitioner personal liability for distributions to undisclosed creditors — confirmed §735.2063(3)

• AHCA Medicaid recovery in Summary Administration — confirmed; claim filed as priority obligation; homestead generally exempt per §409.9101

• Filing fee schedule — confirmed approximate per §28.241; county surcharges vary; verify with local Clerk of Court

• Petition contents requirement — confirmed §735.203

• No Personal Representative required — confirmed §735.201 et seq.

• No mandatory publication period — confirmed; unlike Formal Administration under §733.2121

probatepedia.com · /florida/probate-process/summary-administration/ · FL-3 of 8 · v1.0 March 2026 · Data verified


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