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Small Estate Procedures · Florida

Florida summary administration: the $150,000 and two-year routes

Florida summary administration is available when property subject to administration does not exceed $150,000 or when the decedent has been dead for more than two years. A judge transfers assets by order; beneficiaries do not self-execute an affidavit.

Editorial review draft · Not certified for publication

Value property subject to Florida administration and subtract property the statute excludes from that measure. The alternative two-year route can apply without using the dollar ceiling, but known debts and protected homestead still need correct treatment.

Check eligibility before signing

  • The estate fits the current $150,000 ceiling, or the death occurred more than two years ago.
  • The will does not direct formal administration.
  • The petition identifies beneficiaries, assets, and known debts.
  • The surviving spouse and beneficiaries can sign or receive required notice.

Gather the required documents

  • Petition for summary administration
  • Certified death certificate
  • Original will and codicils, if any
  • Asset descriptions and date-of-death values
  • Known creditor and funeral-expense information
  • Proposed distribution and homestead papers when applicable

Follow the state procedure

File in the circuit court Probate Division. The court reviews entitlement, claims, and any homestead request and enters an order directing each holder to distribute; the signed petition alone does not transfer property.

Know which property the shortcut reaches

A summary order can address qualifying personal property and real-property interests subject to administration. Florida homestead has separate constitutional and statutory restrictions, so it must be identified rather than treated like an ordinary estate asset.

Understand the recipient's responsibility

Recipients can remain liable for lawful claims to the extent of property received, and petitioners must make diligent provision for known creditors. Summary administration shortens the case but does not erase debts or beneficiary disputes.

Use another route when these facts apply

  • The will requires formal administration.
  • Neither the ceiling nor the two-year alternative applies.
  • A personal representative is needed to sue, sell, investigate, or manage the estate.
  • Homestead, creditor, or beneficiary disputes require fuller proceedings.

Sources & methodology

Sources and current rules
Current rule$150,000 property subject to administration, or death more than two years earlier; court summary administrationFla. Stat. § 735.201, as amended by Ch. 2026-57 · eff. Jul 1, 2026

Methodology & sources

Fla. Stat. § 735.201, as amended by Ch. 2026-57 supplies the headline rule and its stated conditions.

Editorial review draft. The source record supporting the ceiling is listed above when one is available. The procedural questions identified in the article are not yet certified.

This page is educational and is not legal advice. Whether the affidavit procedure is right for a particular estate — and what liability the signer takes on — turns on facts a general page cannot resolve, including debts that have not surfaced yet. Confirm your own situation with an attorney licensed in Florida.

Sources reviewed August 23, 2026.