Florida Statute 735.201

“Summary administration; nature of proceedings”

What it means

Summary administration may be had in the estate of a resident or nonresident decedent when it appears: (1) in a testate estate, that the decedent's will does not direct administration as required by chapter 733; and (2) that 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 that the decedent has been dead for more than 2 years.

Chapter 2026-57, Laws of Florida (ss. 7 and 14), amended subsection (2) to read $150,000 in place of $75,000, effective July 1, 2026. The act has no provision on which deaths or filings the new amount covers. The other test in subsection (2), death more than 2 years ago, has no dollar limit.

Text of the statute (2026)

Excerpts are the subsections the summary relies on. Read the full official text of § 735.201.

History. s. 1, ch. 74-106; s. 105, ch. 75-220; s. 2, ch. 80-203; s. 13, ch. 89-340; s. 179, ch. 2001-226; s. 7, ch. 2026-57.

How it applies

Eligibility turns on two questions. First, for a testate estate, whether the will directs administration as chapter 733 requires. Second, whether either test in subsection (2) is met: the value of the Florida estate subject to administration, less property exempt from creditors' claims, is at or below $150,000, or more than 2 years have passed since death. Property outside the estate subject to administration does not count toward the dollar amount.

Where this shows up

Pages on this site where § 735.201 does real work:

• Do I need probate in Florida? Which assets and estates skip it
• Florida probate timeline 2026
• Will vs. trust in Florida: what each does, how each is signed and what each avoids
• What Florida homestead protects: tax exemption, creditor protection and inheritance rules
• When to update a Florida estate plan: marriage, divorce, a birth, a death, a move, new assets and incapacity, what Florida law changes automatically and which documents to review after each event
• Florida intestate succession: who inherits when there is no will, the spouse's share, descendants, parents, siblings and other relatives, the homestead, who is not an heir and steps to settle the estate
• Florida personal representative duties: who can serve, a phased checklist from appointment to discharge, creditor and tax deadlines, compensation, liability, resignation and removal
• Selling an inherited Florida home: who can sign, probate steps, mortgage and taxes
• Ancillary probate in Florida: when it is needed, who can serve, steps and alternatives
• What happens to a bank account when someone dies in Florida

Related sections

Questions people ask

Sources

• Fla. Stat. § 735.201 (2026), flsenate.gov (Eligibility: will does not direct administration, estate at or below $150,000 less creditor-exempt property, or death more than 2 years ago.)
• Chapter 2026-57, Laws of Florida (Section 7 amends § 735.201(2) from $75,000 to $150,000 (History: s. 7, ch. 2026-57); section 14: "This act shall take effect July 1, 2026.")

Last checked: October 17, 2026