Summary administration is a streamlined Florida probate procedure for qualifying estates. Instead of appointing a personal representative, the court enters an order directing distribution to the people entitled to the property. It can be a useful way to settle an estate when the assets, debts, and proposed distribution are sufficiently clear. Spiro Verras helps determine whether it fits the work the estate needs.
Check eligibility under the current rules
Current Fla. Stat. § 735.201 permits summary administration 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 for more than two years. The value limit increased under legislation effective July 1, 2026; the applicable rules should be checked for the particular estate. If there is a will, it must not direct administration under chapter 733. Existing liens, timely preserved claims, and other exceptions still require attention even after two years.
The calculation focuses on property subject to administration in Florida. Assets passing through a valid beneficiary designation, survivorship arrangement, or funded trust generally are outside that calculation, and qualifying exempt property is deducted. An individually owned account without an effective beneficiary arrangement may be included. Reviewing the actual titles and designations is the first step.
Prepare the petition and notice
A beneficiary or the person nominated as personal representative may file the petition. Florida requires verification and the appropriate participation of the surviving spouse and beneficiaries, but a beneficiary receiving a full distributive share need not join; formal notice is required for beneficiaries who do not join (§ 735.203). The petition identifies assets, values, proposed recipients, and the treatment of debts. Court requirements and the facts of the estate determine the timing.
Address creditor claims before distribution
Summary administration still requires a diligent creditor inquiry and appropriate provision for lawful claims. The statute permits publication of notice after the order and sets out the consequences for recipients (§§ 735.206, 735.2063). Notice, service, timing, and exempt-property rules matter; the two-year limitation has exceptions for certain preserved claims and liens. A Medicaid estate-recovery claim also requires review of its specific protections. Our estate debts page explains the broader process.
Establish the homestead’s status
Qualifying protected homestead is treated differently from ordinary probate assets. A petition to determine homestead may establish its protected status and the people entitled to it, providing useful documentation for the title record. The surviving spouse, descendants, minor children, deed, and will can all affect the result. Spiro coordinates the homestead issue with the administration and any planned sale.
Compare summary and formal administration
Formal administration may be more useful when a personal representative needs authority to investigate assets, manage a transaction, pursue a claim, or address unresolved issues. A disagreement does not automatically prevent summary administration merely because a beneficiary declines to sign, but a contested or complicated matter may call for a different procedure. Both approaches involve the court; the right choice depends on the estate’s needs rather than its value alone.
Where there is no will, the distribution follows Florida’s intestacy rules, with the applicable participation and notice requirements. The intestate succession page explains how those shares are determined.
Gather the information to begin
Useful starting materials include the death certificate, original will if there is one, a list of assets and approximate values, the names and addresses of the spouse and beneficiaries, and information about debts. Florida generally requires the person holding a will to deposit it with the clerk within ten days after learning of the death. Bring what you have; Spiro can help identify the remaining information and explain the scope, fees, and court costs before the work begins.
Contact our office to arrange a consultation with Spiro about estate planning, trusts, or probate. Meet in Palm Harbor, in Tampa or St. Petersburg by appointment, or by Zoom or teleconference.