Florida Summary Administration
Fla. Stat. § 735.201
Summary Administration is the shorter, simpler form of Florida probate — available when an estate's non-exempt assets fall at or below the statutory threshold, or when the decedent died more than two years ago. It typically resolves in 4–8 weeks rather than the 6–12 months a Formal Administration requires.
What it is
Summary Administration is one of two principal forms of probate authorized by Florida law (the other being Formal Administration). It is governed by Florida Statutes Chapter 735, Part I, and exists to give Florida families a faster, lower-cost path through probate when the estate qualifies.
The procedure is initiated by a Petition for Summary Administration filed in the probate division of the circuit court for the county where the decedent resided. There is no Personal Representative appointed; instead, the court issues an Order of Summary Administration directly distributing the assets to the beneficiaries or heirs at law.
Because no Personal Representative is appointed, Summary Administration cannot be used when ongoing estate administration is needed — for example, when there are creditors to satisfy, lawsuits to pursue or defend on behalf of the estate, or business interests to wind up. In those situations, Formal Administration is the correct procedure.
When Summary Administration is Available
Under Fla. Stat. § 735.201, Summary Administration is available in either of two circumstances:
- The value of the estate's non-exempt assets does not exceed the statutory threshold ($75,000 at the time of writing — confirm current threshold, as Florida has periodically adjusted this figure), OR
- The decedent has been dead for more than two years (regardless of estate size, because creditor claims are barred under Fla. Stat. § 733.710 after two years).
Note that "non-exempt" is doing important work in the threshold calculation. Florida exempts certain property from the estate for purposes of this calculation — including homestead real property under Fla. Const. art. X, § 4 (in most cases), exempt personal property under Fla. Stat. § 732.402, and a few other categories. As a practical matter, many Florida estates with significant real estate still qualify for Summary Administration because the homestead is excluded.
Summary vs. Formal Administration
| Aspect | Florida Summary Administration | Formal Administration |
|---|---|---|
| Governing statute | Fla. Stat. Ch. 735, Part I | Fla. Stat. Ch. 733 |
| Typical timeline | 4–8 weeks from filing | 6–12 months minimum |
| Personal Representative appointed | No | Yes |
| Attorney required | Not always (see below) | Yes — Fla. Prob. R. 5.030 |
| Creditor notice required | Limited (must serve known creditors) | Full publication + 3-month claim period |
| When it can be used | Non-exempt assets ≤ statutory threshold, or decedent dead > 2 years | Any estate; required if not eligible for Summary |
Typical Timeline in Orange County
Summary Administration in the Orange County Probate Division generally resolves within 4 to 8 weeks of filing, assuming the petition is complete, the required parties consent, and no objections are raised.
- Week 1: Initial intake and document gathering — death certificate, original will (if any), preliminary asset inventory, beneficiary information.
- Week 1–2: Petition for Summary Administration drafted, signed by interested parties, filed with the court.
- Week 2–4: Court reviews petition. Judge may request additional information or set a hearing if questions arise.
- Week 4–8: Order of Summary Administration issued. Assets distributed to beneficiaries by court order.
- Closing: Brief follow-up to confirm distributions, file any required closing documents.
Is an attorney required?
Unlike Formal Administration — where Florida Probate Rule 5.030 requires an attorney to represent the Personal Representative — Summary Administration does not always require attorney representation. However, the procedure involves drafting the petition, securing consents from all interested parties, complying with creditor-notice obligations, and presenting the matter to the court in a form that will result in a clean Order of Summary Administration. Most Florida families choose to be represented because the cost of representation is modest relative to the cost of a defective petition that requires a do-over or that draws an objection.
Frequently Asked Questions
How much does Summary Administration cost in Florida?
Court filing fees in Orange County are approximately $400 (confirm current fee with the Clerk of Court). Attorney fees for a straightforward Summary Administration typically range from $1,500 to $3,500 in Central Florida, depending on the number of beneficiaries, the complexity of the assets, and whether any consents must be specially obtained. We provide a written fee estimate at the consultation.
What is the current asset threshold for Summary Administration?
Fla. Stat. § 735.201 sets the threshold at $75,000 in non-exempt assets at the time of writing. The Florida Legislature has periodically adjusted this figure. Confirm the current threshold at the time of filing, and remember that exempt property (including the Florida homestead in most cases) is excluded from this calculation.
Does Summary Administration work for a decedent who died many years ago?
Yes. The two-year rule under Fla. Stat. § 735.201 allows Summary Administration regardless of estate size if the decedent has been dead for more than two years. This is because Florida bars creditor claims after two years (Fla. Stat. § 733.710), removing the need for the longer Formal Administration creditor-notice process.
Can Summary Administration be used if the will is contested?
No. If a will contest is anticipated or raised, the matter requires Formal Administration so a Personal Representative can be appointed to address the contest. Will contests under Fla. Stat. § 733.109 require the procedural protections of Formal Administration.
What happens to the Florida homestead in Summary Administration?
The Florida homestead is treated separately. The Order of Summary Administration typically includes a determination of homestead status under Fla. Const. art. X, § 4, which confirms the property's protected character and identifies who inherits it. Homestead is exempt from creditor claims and passes outside the probate estate in most circumstances.
Can I do Summary Administration without an attorney?
Florida does not require an attorney for Summary Administration. However, the procedural rules and statutory requirements are exacting, and a defective petition can require months of refiling and amendments. For most families, the cost of competent representation is modest compared to the cost of a botched filing.
The information on this page is for general informational purposes and does not constitute legal advice or create an attorney-client relationship. Florida law changes. Consult a licensed Florida attorney for guidance specific to your matter.
Ready to discuss Summary Administration for a Florida estate?
Call (407) 843-0430 or schedule a consultation online to determine whether Summary Administration is the right path for your matter.
Or text PROBATE to (407) 906-9507 for a faster response.
Yergey & Yergey, P.A. | 910 N. Fern Creek Avenue, Orlando, FL 32803
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