Florida summary administration step by step: the steps, notices and deadlines the statutes and rules set, with an illustrative example

Summary administration is the shortened probate procedure in chapter 735, part I, Florida Statutes. The court enters one order that distributes the decedent’s probate assets to the persons entitled to them (§ 735.206(3), Fla. Stat. (2026); Fla. Prob. R. 5.530(d) (Oct. 15, 2026 ed.)). The statutes and rules set the steps below. They set no deadline for the court’s decision, so this post gives no week-by-week schedule.

Illustrative example (invented facts)

The example below is invented. It is not any client’s case, and no real person is described.

• Decedent: Margaret, a Florida resident, died in 2026 with a will that does not direct administration as required by chapter 733.
• Assets in her sole name: one bank account of $47,000. No real estate.
• Debts: a funeral bill of $9,200 and a credit card balance of $1,800.
• Beneficiary: her son David, the only beneficiary and the person named in the will.

Eligibility test. Section 735.201(2) requires that the estate subject to administration in Florida, less exempt property, not exceed $150,000, or that the decedent has been dead for more than 2 years. The limit was $75,000 before ch. 2026-57 took effect on July 1, 2026. The example estate of $47,000 is below both figures. The will condition in § 735.201(1) is met by the facts above (§ 735.201).

The steps and what sets each one

Step	What happens	Source
1. Death certificate	A copy of an official record of death is filed at any time before the order is entered. The rule’s committee note points to the short form certificate, which does not disclose the cause of death.	Fla. Prob. R. 5.205(a)(3)
2. Original will	A will custodian deposits the will with the clerk within 10 days after learning of the death. In a testate estate the will is proved and admitted on filing of the petition.	§ 732.901(1); § 735.206(1); Fla. Prob. R. 5.530(c)
3. Asset list and eligibility	Value each asset subject to administration, describe protected homestead and exempt property separately, and compare the total with $150,000.	§ 735.201(2); Fla. Prob. R. 5.530(a)(7), (8)
4. Creditor search	Make a diligent search and reasonable inquiry for known or reasonably ascertainable creditors, serve each a copy of the petition, and provide for payment to the extent assets are available.	§ 735.206(2); Fla. Prob. R. 5.530(a)(9)
5. Petition	A verified petition with twelve statements and a schedule of proposed distribution. The surviving spouse, if any, and the beneficiaries sign, except a beneficiary who receives a full distributive share.	§ 735.203(1); Fla. Prob. R. 5.530(a), (b)
6. Filing	File with the clerk in the county of venue and pay the clerk’s fee.	§ 733.101(1); § 28.2401
7. Formal notice	Serve formal notice on each beneficiary who did not join and each known or reasonably ascertainable creditor who did not join or consent.	Fla. Prob. R. 5.530(b)
8. Order	If the court determines the estate qualifies, it enters an order distributing the probate assets and naming the person to receive each asset.	§ 735.206(3); Fla. Prob. R. 5.530(d)
9. Transfers	Holders of the decedent’s property and registrars of securities may comply with the order and are not accountable to anyone else for what they deliver under it.	§ 735.206(4)(a), (b)
10. Optional publication	A person who obtained the order may publish a notice to creditors. With proof of publication on file, claims of creditors who are not known or reasonably ascertainable are barred unless filed within 3 months after first publication.	§ 735.2063; § 733.2121

The example applied to the steps

• Step 4: David serves the credit card company with a copy of the petition and provides for the $1,800 balance in the proposed distribution. The petition states the result of the search under Fla. Prob. R. 5.530(a)(9).
• Step 5: the schedule of proposed distribution assigns the $47,000 account to David. As the only beneficiary receiving a full distributive share, he does not need a separate joinder from another person (§ 735.203(1)).
• Step 8: the order names David as the person to receive the account.
• Step 9: the bank may comply with the order. Recipients are personally liable for a pro rata share of lawful claims, up to the value of the estate each received (§ 735.206(4)(e)).
• Funeral bill: a funeral bill is a claim class. Reasonable funeral, interment and grave marker expenses are payable in the statutory order of payment, not to exceed an aggregate of $6,000 in that class (§ 733.707). The invented $9,200 bill therefore has a part above the $6,000 class cap.

Court costs set by statute

Item	Amount	Source
Clerk fee, summary administration, estate of $1,000 or more	Not to exceed $340	§ 28.2401(1)(e)
Clerk fee, estate under $1,000	Not to exceed $230	§ 28.2401(1)(f)
Service charge on a summary administration petition	$4	§ 28.2401(3)

For the example estate the statutory cap is $340 plus the $4 service charge, or $344. Each clerk posts its own fee schedule. Newspaper publication is not a step before the order and is optional after it, so it is not in the table. Section 733.6171(3) gives a presumed reasonable attorney fee for ordinary services in a formal administration of $1,500 for an estate of $40,000 or less plus $750 for an estate above $40,000 up to $70,000. The statute states that there is no mandatory statutory attorney fee and that the fee is subject to negotiation (§ 733.6171(2)(b)).

Where a summary administration can differ from the example

• Local procedure. The statutes and rules do not state a hearing requirement or a decision deadline.
• Creditors. A known or reasonably ascertainable creditor who received no notice and for whom no provision was made may enforce the claim against those who joined in the petition and recover reasonable attorney’s fees (§ 735.206(4)(d)).
• Omitted heirs. An heir or devisee left out of the order may enforce rights against those who procured the order and recover reasonable attorney’s fees (§ 735.206(4)(g)).
• Beneficiaries who do not join. Any beneficiary and any known or reasonably ascertainable creditor not joining or consenting must receive formal notice of the petition (Fla. Prob. R. 5.530(b)). An estate above $150,000 that is within 2 years of death does not meet the value test in § 735.201(2). An estate that qualifies can still be administered like any other estate (§ 735.202).
• Two-year bar. After 2 years from the death, neither the estate nor those to whom it is assigned is liable for any claim unless proceedings have been taken to enforce it (§ 735.206(4)(f); § 733.710).

For eligibility and cost questions, see the summary administration page, the cost calculator and the Do I need probate? guide.

Sources

1. § 735.201, Fla. Stat. (2026). Eligibility. Quote read: “does not exceed $150,000 or that the decedent has been dead for more than 2 years.”
2. § 735.202, § 735.203, § 735.206 and § 735.2063, Fla. Stat. (2026). Petition, creditor service, order, effect of the order, optional publication.
3. Fla. Prob. R. 5.530 and 5.205 (Oct. 15, 2026 ed.). Petition contents, notice, order; filing evidence of death.
4. § 28.2401, Fla. Stat. (2026). Clerk fees and the $4 service charge.
5. § 733.101, § 733.2121, § 733.707, § 733.710 and § 732.901, Fla. Stat. (2026). Venue, notice to creditors, order of payment, two-year bar, will deposit.
6. § 733.6171, Fla. Stat. (2026). Quote read: “There is not a mandatory statutory attorney fee for estate administration.”
7. Ch. 2026-57, Laws of Fla.. Section 7 raises the § 735.201(2) limit to $150,000; effective July 1, 2026.

Last checked: October 19, 2026.