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Estates up to $150,000 or deaths over 2 years ago

Summary Administration

A court order that distributes an estate of $150,000 or less, or the estate of a person who died more than 2 years ago.

Summary administration is the shortened probate procedure in ch. 735, pt. 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)). The statutes and the rule provide for that order and do not call for letters of administration.

An estate qualifies when the value of the entire estate subject to administration in Florida, less property exempt from the claims of creditors, does not exceed $150,000, or when the decedent has been dead for more than 2 years (§ 735.201(2)). A will, if there is one, must not direct administration as required by chapter 733 (§ 735.201(1)). A qualifying estate may still be administered like any other estate (§ 735.202).

Ch. 2026-57 raised the value limit in § 735.201(2) from $75,000 to $150,000, effective July 1, 2026 (Ch. 2026-57, § 7, Laws of Fla.). The act text has no separate provision on which deaths it covers. The October 15, 2026 edition of Fla. Prob. R. 5.530(a)(7) has the petition state the $150,000 limit.

The tests

Eligibility requirements

RequirementWhat the law saysSource
Estate valueThe value of the entire estate subject to administration in Florida, less property exempt from the claims of creditors, does not exceed $150,000.§ 735.201(2)
Time since deathOr the decedent has been dead for more than 2 years. The petition states one or the other.§ 735.201(2); Fla. Prob. R. 5.530(a)(7)
WillIn a testate estate, the will does not direct administration as required by chapter 733.§ 735.201(1)
Decedent's residenceSummary administration may be had in the estate of a resident or a nonresident decedent. Only the part of the estate subject to administration in Florida counts toward the limit.§ 735.201, lead-in and subsection (2)
When to fileThe petition may be filed at any stage of the administration of an estate if the estate would qualify at the time of filing.§ 735.2055
Who filesAny beneficiary, or the person nominated as personal representative in the will offered for probate.§ 735.203(1)
Who signs and verifiesThe surviving spouse, if any, and the beneficiaries. A beneficiary who will receive a full distributive share under the proposed distribution does not need to join.§ 735.203(1); Fla. Prob. R. 5.530(b)
CreditorsBefore the order, the petitioner makes a diligent search and reasonable inquiry for known or reasonably ascertainable creditors, serves each a copy of the petition, and provides for payment to the extent assets are available.§ 735.206(2)
The 8-row table restates the statute and rule text in plain words. The official text controls.
The value test

What counts toward the limit

  • Counts: the estate subject to administration in Florida. The Probate Code defines the estate as "the property of a decedent that is the subject of administration" (§ 731.201(14), Fla. Stat. (2026)).
  • Does not count: property exempt from the claims of creditors (§ 735.201(2)). Two kinds appear in the statutes. Protected homestead is real property described in Art. X, § 4(a)(1), Fla. Const. on which the exemption passes to the surviving spouse or heirs (§ 731.201(33)). Exempt property under § 732.402, Fla. Stat. (2026) is household furniture and furnishings up to a net value of $20,000, two motor vehicles that meet the statute's description, and certain tuition programs and benefits. It goes to the surviving spouse or, if there is none, to the children, when the decedent was domiciled in Florida (§ 732.402(1) and (2)).
  • Listed separately: the petition describes all assets with an estimated value for each and gives a separate description of any protected homestead and exempt property (Fla. Prob. R. 5.530(a)(8)).
  • Homestead title: the 8th Judicial Circuit's petition form states that a homestead claim needs a separate homestead petition. See Determination of Homestead and Fla. Prob. R. 5.405.
Worked examples

Four estates tested against § 735.201

The examples apply the statute to sample facts. They illustrate the tests and do not predict a court's decision.

FactsResultBasis
Death 8 months ago. Valid will that does not direct administration. Assets in the decedent's sole name: a bank account of $95,000 and a brokerage account of $40,000.Total $135,000. The value test is met.§ 735.201(1) and (2)
Death 5 months ago. Assets in the decedent's sole name: a bank account of $120,000 and a rental condominium valued at $60,000. No exempt property.Total $180,000, which exceeds $150,000. Fewer than 2 years have passed. The estate does not qualify; formal administration applies.§ 735.201(2)
Death 3 years ago. No will (intestate). Assets in the decedent's sole name total $400,000.The decedent has been dead for more than 2 years, and the testate-estate condition does not apply to an intestate estate, so the estate qualifies regardless of value.§ 735.201(1) and (2)
Death 2 months ago. A house that is protected homestead passes to the surviving spouse. Assets in the decedent's sole name: a bank account of $60,000.The homestead is exempt from creditors and does not count. The counted value is $60,000. The petition describes the homestead separately, and its title is handled by a homestead determination.§ 735.201(2); Fla. Prob. R. 5.530(a)(8)
The filing

What the petition must contain

The petition must be verified as required by law. Fla. Prob. R. 5.530(a) (Oct. 15, 2026 ed.) lists twelve statements.

ItemThe petition statesSource
1The interest of each petitioner, each petitioner's name and address, and the name and office address of each petitioner's attorney.Fla. Prob. R. 5.530(a)(1)
2The decedent's name and last known address, the last 4 digits of the Social Security number, the date and place of death, and the state and county of domicile.Fla. Prob. R. 5.530(a)(2)
3So far as is known, the names and addresses of the surviving spouse and the beneficiaries, their relationship to the decedent, and the year of birth of any who are minors.Fla. Prob. R. 5.530(a)(3)
4Venue.Fla. Prob. R. 5.530(a)(4)
5Whether domiciliary or principal proceedings are pending in another state or country, with the name and address of the foreign personal representative and the court that issued letters.Fla. Prob. R. 5.530(a)(5)
6That the will, if any, does not direct administration as required by chapter 733.Fla. Prob. R. 5.530(a)(6)
7That the estate subject to administration in Florida, less exempt property, does not exceed $150,000, or that the decedent has been dead for more than 2 years.Fla. Prob. R. 5.530(a)(7)
8A description of all assets with the estimated value of each, and a separate description of any protected homestead and exempt property.Fla. Prob. R. 5.530(a)(8)
9Either that all creditors' claims are barred, or that a diligent search and reasonable inquiry was made and the estate is not indebted, or each creditor's name, address, debt, amount (estimated or exact) and due date, with any payment arrangement and the creditor's written consent.Fla. Prob. R. 5.530(a)(9)
10In an intestate estate, that each petitioner is unaware of any unrevoked will or codicil after reasonable diligence.Fla. Prob. R. 5.530(a)(10)
11In a testate estate, the unrevoked wills and codicils presented for probate and that each petitioner is unaware of any other.Fla. Prob. R. 5.530(a)(11)
12A schedule of proposed distribution of all probate assets and the person to whom each asset is to be distributed.Fla. Prob. R. 5.530(a)(12)
Signatures and notice

Who signs and who receives notice

  • Petitioners. Any beneficiary, or the person nominated as personal representative in the will offered for probate, may file (§ 735.203(1)).
  • Signature and verification. The surviving spouse, if any, and the beneficiaries sign and verify the petition. A beneficiary who will receive a full distributive share under the proposed distribution does not need to join (§ 735.203(1); Fla. Prob. R. 5.530(b)).
  • Formal notice. A beneficiary who does not join, and a known or reasonably ascertainable creditor who does not join or consent, must receive formal notice of the petition (Fla. Prob. R. 5.530(b)). Formal notice is the form of notice described in rule 5.040(a) (§ 731.201(18)).
  • Deceased, incapacitated or minor beneficiary. The personal representative of a deceased person signs or, if there is none, the surviving spouse and the beneficiaries. A guardian signs for an incapacitated person or a minor. A grantee or transferee who took all of a person's interest may sign in that person's place (§ 735.203(2)).
  • Trust as beneficiary. When each trustee of a trust that is a beneficiary is also a petitioner, formal notice goes to each qualified beneficiary of the trust unless each qualified beneficiary joins in or consents to the petition (§ 735.203(3)).
  • Creditors. The petitioner serves each known or reasonably ascertainable creditor with a copy of the petition before the order is entered (§ 735.206(2)).
The sequence

Steps from death to order

  1. 01

    Order certified death certificates

    A copy of an official record of death is filed at any time before the order of summary administration is entered (Fla. Prob. R. 5.205(a)(3)). The rule's committee note says to file the short form certificate, which does not disclose the cause of death. The Florida Department of Health states that any person 18 or older may apply for a certified copy of a death record without the cause of death (Florida Department of Health, Death Certificates).

    Who and wherePetitioner. Florida Department of Health, or the county health department.
  2. 02

    Locate the original will

    A will custodian must deposit the will with the clerk of the court having venue within 10 days after learning of the death (§ 732.901(1)). In a testate estate, the will is proved and admitted to probate on the filing of the petition (§ 735.206(1); Fla. Prob. R. 5.530(c)). The 8th Judicial Circuit's form states that the original will must be filed with the petition.

    Who and whereWill custodian or petitioner. Clerk of the circuit court.
  3. 03

    List the assets and test eligibility

    Value every asset subject to administration, set protected homestead and exempt property apart, and compare the total with $150,000. If more than 2 years have passed since the death, the value test does not apply (§ 735.201(2); Fla. Prob. R. 5.530(a)(7) and (8)).

    Who and wherePetitioners.
  4. 04

    Search for creditors

    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)). The petition states either that all claims are barred or the result of the search (Fla. Prob. R. 5.530(a)(9)).

    Who and wherePetitioners.
  5. 05

    Prepare and verify the petition

    Draft the petition with the twelve statements in the table above and a schedule of proposed distribution. Each petitioner signs and verifies it. Attach each beneficiary's joinder, waiver or consent, and draft the proposed order of summary administration (Fla. Prob. R. 5.530(a); § 735.203(1)).

    Who and wherePetitioners and each beneficiary who joins.
  6. 06

    File with the clerk and pay the fee

    Venue is the county where the decedent was domiciled or, if the decedent had no Florida domicile, any county where the decedent's property is located (§ 733.101(1)). The clerk's fee for summary administration is capped at $340 for an estate of $1,000 or more and $230 for an estate under $1,000, plus a $4 service charge (§ 28.2401(1)(e), (f) and (3)). Electronic filing is available through the Florida Courts E-Filing Portal. The 15th Judicial Circuit's packet states that the original death certificate and the original will cannot be e-filed and must be mailed or hand-delivered to the Probate Division.

    Who and wherePetitioners or their attorney. Clerk of the circuit court for the county of venue.
  7. 07

    Serve formal notice

    Serve formal notice of the petition 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); § 735.203(1)).

    Who and wherePetitioners.
  8. 08

    Court reviews the petition and enters the order

    If the court determines that the estate qualifies, it enters an order distributing the probate assets and naming the person to receive each asset (Fla. Prob. R. 5.530(d); § 735.206(3)). The statutes and the rule set no deadline for the decision and do not state a hearing requirement. Circuits set local procedures. The 17th Judicial Circuit's ancillary-petition checklists, for example, have the filer state whether the petition will be pursued on an ex parte, motion or special-set calendar or submitted to the judge without a hearing.

    Who and whereCircuit court judge, probate division.
  9. 09

    Use the order to transfer the assets

    A person holding a decedent's property, or a registrar of securities, may comply with the order and is not accountable to anyone else for what it delivers under the order (§ 735.206(4)(b)). The persons named in the order may collect the assets assigned to them and have them transferred (§ 735.206(4)(a)).

    Who and wherePersons named in the order. Banks, brokers, the county property records and other holders.
  10. 10

    Optional: publish notice to creditors

    A person who has obtained an order of summary administration may publish a notice to creditors under the relevant requirements of § 733.2121. The notice states the total value of the estate and the names and addresses of those to whom it is assigned. 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).

    Who and wherePerson who obtained the order. A newspaper published in the county.
What the order does

Effect of the order of summary administration

EffectWhat § 735.206(4) provides
Right to collectThose to whom parts of the estate, including exempt property, are assigned are entitled to receive and collect them, to have them transferred, and to maintain actions to enforce the right (§ 735.206(4)(a)).
Protection for holdersDebtors, 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)(b)).
BuyersAfter the order, bona fide purchasers for value from those to whom property is assigned take the property free of all claims of creditors and all rights of the surviving spouse and other beneficiaries (§ 735.206(4)(c)).
Remaining creditor claimsProperty that is not exempt and remains with the assignees continues to be liable for claims until barred. A known or reasonably ascertainable creditor who received no notice and for whom no provision was made 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)).
Recipient liabilityRecipients are personally liable for a pro rata share of all lawful claims, only up to the value of the estate each actually received, not counting property exempt from creditors (§ 735.206(4)(e)).
Two-year barAfter 2 years from the death, neither the estate nor those to whom it is assigned is liable for any claim against the decedent unless proceedings have been taken to enforce it (§ 735.206(4)(f)).
Omitted heirsAn heir or devisee who was lawfully entitled to share but was left out of the order may enforce all rights against those who procured the order and, if successful, is awarded reasonable attorney's fees (§ 735.206(4)(g)).
Court cost

Clerk filing fee

The clerk "may impose" these charges "not to exceed" the amounts in § 28.2401(1), Fla. Stat. (2026). Each clerk posts its own fee schedule; confirm the amount with the clerk of the county where the petition is filed.

Estate valueFee capWith the $4 service chargeSource
$1,000 or more$340$344§ 28.2401(1)(e) and (3)
Less than $1,000$230$234§ 28.2401(1)(f) and (3)
Section 28.2401(3) adds a $4 service charge on petitions seeking summary administration, formal administration, ancillary administration, guardianship, curatorship and conservatorship.
Claims against the estate

Creditors and the 2-year rule

  • Claims against an estate must generally be filed by the later of 3 months after first publication of the notice to creditors or 30 days after service on a creditor who must be served (§ 733.702(1)). Summary administration has no publication step before the order, and publication after the order is optional (§ 735.2063(1)).
  • Two years after a death, neither the estate nor the beneficiaries are liable for claims against the decedent, with exceptions for claims filed within the 2 years and for recorded liens (§ 733.710; § 735.206(4)(f)).
  • Property that is not exempt continues to be liable for claims until they are barred. A creditor who was known or reasonably ascertainable, received no notice and was not provided for may enforce the claim against those who joined in the petition and recover reasonable attorney's fees (§ 735.206(4)(d)).
  • The petition states either that all creditors' claims are barred or the result of the diligent search (Fla. Prob. R. 5.530(a)(9)). Section 733.710 bars claims 2 years after death, subject to the exceptions in that section (§ 733.710).
Forms

Official forms and checklists

Florida Courts Help states that it does not provide any forms related to the probate process (Florida Courts Help, Probate). Circuits and clerks publish their own documents. Each entry below is court-published and shown with its date.

DocumentPublisherDate or revisionLimit shown
Summary Administration Packet, Testate: rule text, checklist, petition, joinder, orders15th Judicial Circuit Law Library (Palm Beach County)Revised 07/2026$150,000
Petition for Summary Administration, intestate or testate8th Judicial CircuitNo printed date; file modified July 1, 2026 (server date)$150,000
Checklist for Summary Administration14th Judicial Circuit2026$150,000
Petition for Summary Administration, fillable14th Judicial CircuitRev. 7/22/26$150,000
Order of Summary Administration, standard order14th Judicial Circuit2020 fileNone
Affidavit of Heirs, required in all intestate cases17th Judicial Circuit (Broward County)Oct. 2023None
Affidavit Regarding Criminal History, required in testate and intestate cases17th Judicial Circuit (Broward County)UndatedNone
Checklist for Petition for Summary Administration of Intestate Estate17th Judicial Circuit (Broward County)File name dated 12.9.25$75,000, before ch. 2026-57
Checklist for Petition for Summary Administration of Testate Estate17th Judicial Circuit (Broward County)File name dated 12.9.25$75,000, before ch. 2026-57
Checklist for Summary Administration9th Judicial Circuit (Orange and Osceola)Rev. Oct. 31, 2022$75,000, before ch. 2026-57
Fla. Prob. R. 5.530, the rule the petition followsThe Florida Bar, Florida Probate RulesOct. 15, 2026 edition$150,000
The 9th Circuit checklist and the 17th Circuit's intestate, testate and ancillary summary administration checklists (file names ending "12.9.25") list $75,000, the figure ch. 2026-57 replaced. Use § 735.201(2) and Fla. Prob. R. 5.530(a)(7) when a local form disagrees.
What goes wrong

Common problems

  • The will directs administration. A testate estate qualifies only if the will does not direct administration as required by chapter 733 (§ 735.201(1)). Read the will for that language before choosing this path.
  • The estate is over the limit and the death is recent. Neither test is met, and formal administration applies (§ 735.201(2)).
  • A beneficiary does not join. Joinder is not required of a beneficiary who receives a full distributive share. Any other beneficiary who does not join must be served with formal notice of the petition (§ 735.203(1); Fla. Prob. R. 5.530(b)).
  • A creditor was missed. A known or reasonably ascertainable creditor who received no notice and was not provided for can enforce the claim and recover attorney's fees from those who joined in the petition (§ 735.206(4)(d)).
  • An heir was left out. An omitted heir or devisee can enforce rights against those who procured the order and recover attorney's fees if successful (§ 735.206(4)(g)).
  • A trust is a beneficiary. The trustees and qualified beneficiaries are covered by a separate signature and notice rule (§ 735.203(3)).
  • A local form shows an old limit. Check the limit on any circuit form against § 735.201(2).
  • Homestead title is left open. The order distributes probate assets; homestead status is determined in its own proceeding (Fla. Prob. R. 5.405).
Questions

Frequently asked questions

How do I get a summary of administration in Florida?+−
File a verified petition for summary administration with the clerk of the circuit court in the county of venue, signed by the surviving spouse and the beneficiaries, with the twelve statements required by Fla. Prob. R. 5.530(a) (Oct. 15, 2026 ed.). Serve formal notice on any beneficiary or creditor who does not join, and ask the court for an order distributing the assets (§ 735.203(1); § 735.206(3)). The steps are listed above.
What is the probate threshold in Florida for 2026?+−
The summary administration limit in § 735.201(2), Fla. Stat. (2026) is $150,000 of estate value subject to administration in Florida, less property exempt from creditors. Ch. 2026-57 changed the figure from $75,000 effective July 1, 2026 (Ch. 2026-57, § 7, Laws of Fla.). The same act changed three smaller thresholds: § 735.302 to $5,000, § 735.303 to $2,000 and § 735.304 to $20,000. A decedent who has been dead more than 2 years qualifies at any value if the will, if any, does not direct administration as required by chapter 733 (§ 735.201(1)).
What are the changes in Florida's probate system for 2026?+−
Ch. 2026-57, Laws of Fla. (CS/HB 1337), effective July 1, 2026, amended § 735.201 to $150,000, § 735.302 to $5,000, § 735.303 to $2,000 and § 735.304 to $20,000. It also revised the duties of a safe-deposit box lessor toward personal representatives and other fiduciaries in §§ 655.933 and 655.936, revised the issues a court may resolve for a personal representative in § 733.603, added a power in § 733.612(28) to start a proceeding to enforce the personal representative's authority, created § 733.6125 on costs and attorney fees in those proceedings, and added a category of extraordinary attorney services to § 733.6171(4)(l).
Does the homestead count toward the $150,000 limit?+−
No. The limit is measured after subtracting property exempt from the claims of creditors (§ 735.201(2)). Protected homestead is exempt under Art. X, § 4, Fla. Const., and the petition describes it separately (§ 731.201(33); Fla. Prob. R. 5.530(a)(8)). The homestead's title is handled by a homestead determination.
Do I have to publish a notice to creditors?+−
No. Before the order, the requirement is a diligent search and service of the petition on known or reasonably ascertainable creditors (§ 735.206(2)). After the order, a person may publish a notice to creditors. If proof of publication is filed, claims of creditors who are not known or reasonably ascertainable are barred unless filed within 3 months after first publication (§ 735.2063).
Can I file for summary administration without a lawyer?+−
Fla. Prob. R. 5.030(a) (Oct. 15, 2026 ed.) requires a personal representative to be represented by a Florida attorney unless the personal representative remains the sole interested person. The rule applies to personal representatives. Summary administration ends in an order of summary administration, not letters (Fla. Prob. R. 5.530(d)). The statutes and rules cited on this page do not state whether a petitioner for summary administration must be represented by an attorney. Ask the clerk of the circuit court or a Florida attorney.
What if the decedent died more than two years ago?+−
The estate qualifies regardless of its value if the will, if any, does not direct administration as required by chapter 733 (§ 735.201(1) and (2)). Two years after the death, neither the estate nor the beneficiaries are liable for claims against the decedent, with the exceptions in § 733.710. The petition states that the decedent has been dead for more than 2 years (Fla. Prob. R. 5.530(a)(7)).
What if a beneficiary will not sign the petition?+−
Joinder is required of the surviving spouse and the beneficiaries, except a beneficiary who will receive a full distributive share under the proposed distribution. A beneficiary who does not join must receive formal notice of the petition (§ 735.203(1); Fla. Prob. R. 5.530(b)). Summary administration is optional, and the estate may be administered like any other estate (§ 735.202).
Can a nonresident's Florida property go through summary administration?+−
Yes. Summary administration may be had in the estate of a resident or a nonresident decedent, and the limit applies to the estate subject to administration in Florida (§ 735.201). The 17th Judicial Circuit publishes a checklist for a summary ancillary petition.
How long does summary administration take?+−
No statute or rule sets a time for the court's order. The time depends on the petition being complete, service of formal notice on any beneficiary or creditor who did not join, and the court's calendar. The only fixed periods in this procedure are the 3-month claims period after an optional publication (§ 735.2063(2)) and the 2-year bar (§ 733.710).
In short

Summary administration turns on three tests: the $150,000 limit or the 2-year rule, a will that does not direct administration, and joinder or formal notice for every beneficiary and known creditor (§ 735.201; § 735.203; § 735.206).

Last checked: October 16, 2026

Sources

Each source below was read on the date shown. Statute links open the 2026 edition on the Florida Senate site. The Florida Probate Rules edition is the one the Florida Bar posted on October 15, 2026.

  1. § 735.201, Fla. Stat. (2026), Summary administration; nature of proceedings. The Florida Senate. Eligibility: $150,000 limit, 2-year alternative, will that does not direct administration, resident or nonresident decedent. Amended by s. 7, ch. 2026-57. Plain-English page on this site.
  2. § 735.202, Fla. Stat. (2026), May be administered in the same manner as other estates. The Florida Senate. A qualifying estate may be administered like any other estate.
  3. § 735.2055, Fla. Stat. (2026), Filing of petition. The Florida Senate. The petition may be filed at any stage of the administration.
  4. § 735.203, Fla. Stat. (2026), Petition for summary administration. The Florida Senate. Who files, who signs and verifies, formal notice, deceased or incapacitated beneficiaries, trusts as beneficiaries.
  5. § 735.206, Fla. Stat. (2026), Summary administration distribution. The Florida Senate. Will proved on filing, creditor search and service, order of distribution, effect of the order.
  6. § 735.2063, Fla. Stat. (2026), Notice to creditors. The Florida Senate. Optional publication after the order; 3-month bar for unknown creditors.
  7. § 733.2121, Fla. Stat. (2026), Notice to creditors; filing of claims. The Florida Senate. Publication requirements that § 735.2063 incorporates. Plain-English page on this site.
  8. § 733.702, Fla. Stat. (2026), Limitations on presentation of claims. The Florida Senate. Claims period: later of 3 months after first publication or 30 days after service. Plain-English page on this site.
  9. § 733.710, Fla. Stat. (2026), Limitations on claims against estates. The Florida Senate. Claims barred 2 years after death. Plain-English page on this site.
  10. § 733.101, Fla. Stat. (2026), Venue of probate proceedings. The Florida Senate. Venue: county of domicile, or any county where property is located. Plain-English page on this site.
  11. § 731.201(14), (18), (33), Fla. Stat. (2026), General definitions. The Florida Senate. Definitions of estate, formal notice and protected homestead. Plain-English page on this site.
  12. § 732.402, Fla. Stat. (2026), Exempt property. The Florida Senate. Exempt property: furniture up to $20,000 net, two vehicles, tuition programs, benefits. Plain-English page on this site.
  13. § 732.901, Fla. Stat. (2026), Production of wills. The Florida Senate. Will custodian deposits the will with the clerk within 10 days. Plain-English page on this site.
  14. § 28.2401, Fla. Stat. (2026), Service charges and filing fees in probate matters. The Florida Senate. Clerk filing fee caps and the $4 service charge.
  15. Ch. 2026-57, Laws of Fla., CS/HB 1337, An act relating to estates. Florida Department of State, Laws of Florida. Section 7 amends § 735.201(2) from $75,000 to $150,000; section 14 sets the effective date, July 1, 2026.
  16. § 735.302, Fla. Stat. (2026), Income tax refunds in certain cases. The Florida Senate. Federal income tax refund limit of $5,000. Amended by s. 8, ch. 2026-57.
  17. § 735.303, Fla. Stat. (2026), Payment to successor without court proceedings. The Florida Senate. Bank account limit of $2,000. Amended by s. 9, ch. 2026-57.
  18. § 735.304, Fla. Stat. (2026), Disposition without administration of intestate property in small estates. The Florida Senate. Intestate small-estate limit of $20,000. Amended by s. 10, ch. 2026-57.
  19. § 733.603, Fla. Stat. (2026), Personal representative to proceed without court order. The Florida Senate. Amended by s. 3, ch. 2026-57.
  20. § 733.612(28), Fla. Stat. (2026), Transactions authorized for the personal representative; exceptions. The Florida Senate. Subsection (28) added by s. 4, ch. 2026-57. Plain-English page on this site.
  21. § 733.6125, Fla. Stat. (2026), Proceedings to enforce authority. The Florida Senate. Created by s. 5, ch. 2026-57.
  22. § 733.6171(4)(l), Fla. Stat. (2026), Compensation of attorney for the personal representative. The Florida Senate. Paragraph (4)(l) added by s. 6, ch. 2026-57. Plain-English page on this site.
  23. Fla. Prob. R. 5.530, Summary administration. The Florida Bar, Florida Probate Rules (Oct. 15, 2026 ed.). Petition contents, service, will, order.
  24. Fla. Prob. R. 5.205, Filing evidence of death. The Florida Bar, Florida Probate Rules (Oct. 15, 2026 ed.). Death record filed before the order of summary administration.
  25. Fla. Prob. R. 5.030, Attorneys. The Florida Bar, Florida Probate Rules (Oct. 15, 2026 ed.). Personal representative must have a Florida attorney unless the sole interested person.
  26. Art. X, § 4, Fla. Const., Homestead; exemptions. The Florida Senate, Florida Constitution. Homestead exemption; the exemption inures to the surviving spouse or heirs.
  27. Florida Department of Health, Death Certificates. Florida Department of Health. Who may apply for a certified death record without the cause of death.
  28. Florida Courts Help, Probate. Florida Courts Help. States that it provides no probate forms.
  29. Florida Courts E-Filing Portal. Florida Courts. Statewide electronic filing portal.
  30. 15th Judicial Circuit Law Library, Summary Administration Packet, Testate (rev. 07/2026). 15th Judicial Circuit. Packet contents, $150,000 limit, original death certificate and will filing instruction, self-represented use.
  31. 8th Judicial Circuit, Petition for Summary Administration. 8th Judicial Circuit. Blank petition with the $150,000 limit; original will with petition; separate homestead petition.
  32. 14th Judicial Circuit, Checklist for Summary Administration (2026). 14th Judicial Circuit. Checklist with the $150,000 limit.
  33. 14th Judicial Circuit, Petition for Summary Administration (rev. 7/22/26). 14th Judicial Circuit. Fillable petition with the $150,000 limit.
  34. 14th Judicial Circuit, Order of Summary Administration. 14th Judicial Circuit. Standard order form.
  35. 17th Judicial Circuit, Affidavit of Heirs. 17th Judicial Circuit. Affidavit filed in intestate cases.
  36. 17th Judicial Circuit, Affidavit Regarding Criminal History. 17th Judicial Circuit. Affidavit filed in testate and intestate cases.
  37. 17th Judicial Circuit, Checklist for Petition for Summary Ancillary Administration. 17th Judicial Circuit. Hearing or no-hearing selection; local checklist lists $75,000, the figure replaced by ch. 2026-57.
  38. 17th Judicial Circuit, Checklist for Petition for Summary Administration of Intestate Estate. 17th Judicial Circuit. Local checklist that lists $75,000, the figure replaced by ch. 2026-57.
  39. 17th Judicial Circuit, Checklist for Petition for Summary Administration of Testate Estate. 17th Judicial Circuit. Local checklist that lists $75,000, the figure replaced by ch. 2026-57.
  40. 9th Judicial Circuit, Checklist for Summary Administration (rev. Oct. 31, 2022). 9th Judicial Circuit. Local checklist that predates ch. 2026-57 and lists $75,000, the figure replaced by that act.

General information, not legal advice. The official text controls. Disclaimer.

Rachel Brannan Schadt, Esq.
Your attorney
Rachel Brannan Schadt, Esq.

Florida probate and estate attorney. Florida Bar #127500, admitted 2017. Third-generation Florida attorney and Sarasota native. Florida State University; Western Michigan University Cooley Law School. Admitted to the U.S. District Courts for the Northern, Middle and Southern Districts of Florida.

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