By your situation · Estates of $150,000 or less, mostly accounts, vehicles and personal property

Small estate / no real property

Summary administration up to $150,000; two smaller routes for personal property only

Chapter 735 gives three ways to handle a small estate. Summary administration applies when the estate subject to administration in Florida, less property exempt from creditors' claims, does not exceed $150,000, or when the decedent has been dead more than 2 years (§ 735.201(2), Fla. Stat. (2026)). Ch. 2026-57 raised the figure from $75,000, effective July 1, 2026 (Ch. 2026-57, § 7, Laws of Fla.). When the decedent left a will, the will must not direct administration as required by chapter 733 (§ 735.201(1)).

Disposition without administration is a second route for an estate that consists only of personal property exempt under § 732.402, personal property exempt from creditors under the Florida Constitution, and nonexempt personal property that does not exceed preferred funeral expenses plus reasonable and necessary medical and hospital expenses of the last 60 days of the last illness (§ 735.301(1), Fla. Stat. (2026)). The court authorizes the payment or transfer by a letter or other writing under the seal of the court (§ 735.301(2)).

Intestate small estates have a third route. Administration is not required when the decedent died intestate leaving only exempt personal property and nonexempt personal property not exceeding $20,000 plus the funeral and last-illness expenses, the decedent has been deceased more than 1 year, and no administration is pending in Florida (§ 735.304(1), Fla. Stat. (2026)). Ch. 2026-57 raised that figure from $10,000 (Ch. 2026-57, § 10, Laws of Fla.).

Formal administration remains the route when none of these applies. It has no value limit and appoints a personal representative (see Formal Administration). Summary administration, disposition without administration and the intestate route each end in a court order or letter instead of continuing administration (§ 735.206(3); § 735.301(2); § 735.304(3)).

The implications

What this means for you

Summary administration. Value is measured after subtracting property exempt from creditors' claims. The petition describes all assets and separately describes any protected homestead and exempt property (Fla. Prob. R. 5.530(a)(7)-(8)). The order distributes the probate assets and names the person who receives each (Fla. Prob. R. 5.530(d)).
Exempt property. For a decedent domiciled in Florida, the surviving spouse, or the children if there is no spouse, have a right to exempt property: household furniture, furnishings and appliances up to a net value of $20,000 at death, two motor vehicles of 15,000 pounds gross weight or less, qualified tuition programs and benefits under § 112.1915 (§ 732.402(1)-(2)). Exempt property is exempt from all claims except perfected security interests (§ 732.402(3)).
Homestead. Protected homestead is exempt from creditors under the Florida Constitution and is described separately in the summary administration petition (Fla. Prob. R. 5.530(a)(8)). Title to homestead is governed by § 732.401 and § 732.4015. See Determination of Homestead.
Vehicles. A certificate of title can be issued to an heir of an intestate owner without a probate order when the heir files an affidavit that the estate is not indebted and the surviving spouse and heirs have agreed on a division. If the owner left a will, the application is accompanied by a certified copy of the will, if probated, and an affidavit that the estate is solvent (§ 319.28(1)(b), Fla. Stat. (2026)).
Accounts and insurance outside the estate. Money in a pay-on-death account belongs to the surviving beneficiary on the death of the last party (§ 655.82(3)(b)). Life insurance goes to the person designated in the policy, unless it is payable to the insured or the estate, in which case it becomes part of the estate (§ 222.13(1)).
Creditors. Before the order, the petitioner makes a diligent search and reasonable inquiry for known or reasonably ascertainable creditors, serves the petition on them and makes provision for payment to the extent assets are available (§ 735.206(2)). Recipients are personally liable for a pro rata share of lawful claims, up to the value of the estate each received, excluding exempt property (§ 735.206(4)(e)).

The fit

Which path applies

Each path below links to its page with the statutes and rules that apply.

Summary Administration

$150,000 or less after exempt property, or a death more than 2 years ago; one order of distribution

Clerk fee up to $340 + $4

Disposition Without Administration

Exempt personal property plus nonexempt property up to funeral and last-illness expenses; letter under the seal of the court

Clerk fee up to $230

Formal Administration

No value limit; used when summary administration or disposition without administration does not apply

Clerk fee up to $395 + $4

The pitfalls

Common problems

Each item cites the statute or rule it comes from.

Leaving out an asset from the petition. A summary administration petition must describe all assets in the estate and the estimated value of each (Fla. Prob. R. 5.530(a)(8)). Search for unclaimed property at FLTreasureHunt.gov, the Florida Department of Financial Services program.
Life insurance payable to the estate. Proceeds payable to the insured or the insured's estate become part of the estate and are administered by the personal representative (§ 222.13(1)). They count in the value subject to administration.
Counting survivorship or beneficiary accounts as estate assets. A pay-on-death account belongs to the surviving beneficiary and is not distributed under the estate order (§ 655.82(3)(b)).
Skipping the creditor search. The petition states either that all claims are barred or that a diligent search and reasonable inquiry was made (Fla. Prob. R. 5.530(a)(9)). A known or reasonably ascertainable creditor who did not receive notice and was not provided for may enforce the claim and, if it prevails, is awarded reasonable attorney's fees against those who joined in the petition (§ 735.206(4)(d)).
Missing the exempt-property deadline. Persons entitled to exempt property waive the right unless a petition is filed by the later of 4 months after service of the notice of administration or 40 days after a proceeding on the will or another matter affecting the property ends (§ 732.402(6)).
Overlooking the 2-year alternative. A death more than 2 years ago qualifies the estate regardless of value, if the will, if any, does not direct administration (§ 735.201). After 2 years from death, the estate and its recipients are not liable for claims unless proceedings to enforce them were started (§ 735.206(4)(f)).

The FAQ

Frequently asked questions

What is the value limit for summary administration in 2026?+−

The limit is 150,000 dollars of estate value subject to administration in Florida, less property exempt from creditors (§ 735.201(2)). Ch. 2026-57 raised it from 75,000 dollars effective July 1, 2026 (Ch. 2026-57, § 7, Laws of Fla.). The October 15, 2026 edition of Fla. Prob. R. 5.530(a)(7) has the petition state the 150,000 dollars limit.

Is a lawyer required for a small estate?+−

Rule 5.030(a) requires a personal representative to be represented by a Florida attorney unless the personal representative remains the sole interested person, and it does not address petitioners in summary administration or applicants for disposition without administration (Fla. Prob. R. 5.030(a) (Oct. 15, 2026 ed.)). For disposition without administration, the clerk, on request, assists the applicant in preparing the required writing (Fla. Prob. R. 5.420(c)).

What does disposition without administration cover?+−

It covers an estate with only exempt personal property, constitutionally exempt personal property, and nonexempt personal property that does not exceed preferred funeral expenses and reasonable and necessary medical and hospital expenses of the last 60 days of the last illness (§ 735.301(1)). The application sets out the value of exempt property, other assets, the expenses with statements or receipts, and each requested payment. If it includes exempt property, all persons entitled to that property must also sign (Fla. Prob. R. 5.420(a)-(b)).

How do I transfer a car without probate?+−

An heir of an owner who died intestate can apply for a certificate of title without a probate order by filing an affidavit that the estate is not indebted and that the surviving spouse and heirs have agreed on a division (§ 319.28(1)(b)). Subsection (1)(b) states no dollar limit. If the owner left a will, the application includes a certified copy of the will, if probated, and an affidavit that the estate is solvent. Contact the Florida Department of Highway Safety and Motor Vehicles for its current forms.

Does homestead count toward the $150,000 limit?+−

Protected homestead is exempt from the claims of creditors under the Florida Constitution, and the limit is measured after subtracting property exempt from creditors (§ 735.201(2); Fla. Const. art. X, § 4). The summary administration petition describes protected homestead separately (Fla. Prob. R. 5.530(a)(8)).

What if the estate is over $150,000 but the death was more than 2 years ago?+−

The estate still qualifies. Section 735.201(2) is satisfied by either the 150,000 dollars limit or a death more than 2 years ago, and the will, if any, must not direct administration as required by chapter 733 (§ 735.201(1)-(2)).

What if an asset turns up after the order?+−

The order assigns the assets described in the petition to the named recipients (§ 735.206(3)-(4)). Chapter 735 does not set a procedure for later-found property. Property that is not exempt remains liable for claims until barred, and an heir or devisee left out of the order may enforce rights against those who procured it (§ 735.206(4)(d) and (g)).

Does the intestate $20,000 route apply right after a death?+−

No. The decedent must have been deceased more than 1 year, and no administration may be pending in Florida (§ 735.304(1)). The affidavit must be signed and verified by the surviving spouse and heirs at law, except an heir who receives a full intestate share. It is served on non-joining heirs and known creditors, and on the Agency for Health Care Administration if the decedent was over 55 at death (§ 735.304(2)).

In short

Chapter 735 provides summary administration up to $150,000, disposition without administration for exempt property and final expenses, and an intestate route up to $20,000 (§ 735.201(2); § 735.301(1); § 735.304(1)).

Last checked: October 19, 2026

Sources

Each source below was read on the date shown. Statute links open the 2026 edition on the Florida Senate site.

§ 735.201, Fla. Stat. (2026), Summary administration; nature of proceedings. The Florida Senate. Summary administration limit of $150,000 or death more than 2 years ago; will must not direct administration. Amended by s. 7, ch. 2026-57. Plain-English page on this site.
§ 735.206(3), Fla. Stat. (2026), Summary administration distribution. The Florida Senate. Creditor search, order, effects, claims and 2-year bar.
§ 735.301, Fla. Stat. (2026), Disposition without administration. The Florida Senate. Exempt property and final-expense route; letter under the seal of the court. Plain-English page on this site.
§ 735.304, Fla. Stat. (2026), Disposition without administration of intestate property in small estates. The Florida Senate. Intestate small-estate route: $20,000, more than 1 year, affidavit, service. Amended by s. 10, ch. 2026-57.
§ 732.402(2)(a), Fla. Stat. (2026), Exempt property. The Florida Senate. Contents of exempt property, protection from claims, petition deadline. Plain-English page on this site.
§ 732.401, Fla. Stat. (2026), Descent of homestead. The Florida Senate. Homestead title follows its own descent rules. Plain-English page on this site.
§ 319.28(1)(b), Fla. Stat. (2026), Transfer of ownership by operation of law. The Florida Senate. Vehicle title to an heir by affidavit without a probate order. Plain-English page on this site.
§ 655.82(3)(b), Fla. Stat. (2026), Pay-on-death accounts. The Florida Senate. Pay-on-death account passes to the surviving beneficiary. Plain-English page on this site.
§ 222.13(1), Fla. Stat. (2026), Life insurance. The Florida Senate. Proceeds go to the designated person unless payable to the estate.
Fla. Prob. R. 5.530, Summary administration. The Florida Bar, Florida Probate Rules (Oct. 15, 2026 ed.). Petition contents, creditor statement, service, order.
Fla. Prob. R. 5.420, Disposition of personal property without administration. The Florida Bar, Florida Probate Rules (Oct. 15, 2026 ed.). Application contents, exempt-property signatures, clerk assistance.
Ch. 2026-57, Laws of Fla. (CS/HB 1337), Ch. 2026-57, Laws of Florida. Laws of Florida. Summary administration limit raised from $75,000 to $150,000 and the 735.304 figure raised to $20,000, effective July 1, 2026.
Fla. Const. art. X, § 4, Homestead; exemptions. The Florida Senate. Protected homestead exempt from forced sale and creditors.
FLTreasureHunt.gov, Claim Your Cash FL. Florida Department of Financial Services. Search for abandoned property held by the state.

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