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Chapter 735 — Small Estates

Florida Statute 735.201

Summary administration; nature of proceedings

Chapter 2026-57, Laws of Florida, raised the cap from $75,000 to $150,000 for deaths on or after July 1, 2026. For earlier deaths, the $75,000 cap still controls.

What it means

Summary administration is Florida's short-form probate — no personal representative appointed, no letters, a petition and an order of distribution. Section 735.201 sets the gate. It is available for residents and nonresidents, testate or intestate, so long as a testate decedent's will does not direct administration under chapter 733.

Then one of two doors must open: the value of the entire estate subject to administration in Florida, less exempt property, does not exceed $150,000 — raised from $75,000 effective July 1, 2026 — or the decedent has been dead more than 2 years, the same 2 years after which §733.710 bars most creditor claims.

— What it says
  • Cap: the entire Florida estate subject to administration, less exempt property, may not exceed $150,000.
  • The cap was $75,000 for decades; chapter 2026-57, Laws of Florida, raised it to $150,000 effective July 1, 2026.
  • Alternative door with no dollar cap: the decedent has been dead more than 2 years.
  • In a testate estate, the will must not direct chapter 733 administration — one sentence in a will can close this route.
  • Available for resident and nonresident decedents, testate and intestate alike.
— In a real probate

How it plays out

Summary administration is the workhorse for the estates we see most — a bank account, a car, maybe a homestead, which doesn't count against the cap because it isn't subject to administration. The 2026 change matters enormously in practice: estates that missed the old $75,000 line by a car's value now qualify. The two-year door is the other half of our summary docket — families who never probated and surface years later can usually take the short form regardless of estate size.

Questions people ask

What qualifies for summary administration in Florida?
An estate whose non-exempt Florida assets total $150,000 or less (for deaths on or after July 1, 2026 — $75,000 before), or any estate where the death was more than 2 years ago. The will must not direct formal administration. Florida Statute 735.201 sets both tests.
The official text
This page is a plain-English summary, verified against the 2026 Florida Statutes — it is not the statute, and it isn't legal advice for your situation.
Read § 735.201
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