Statewide Probate
Attorneys in Florida
Attorneys in Florida
Summary Administration Florida: Fast, Affordable Probate in 2026
What is Summary Administration in Florida?
Summary administration in Florida is the fastest and most affordable probate option for qualifying estates. Florida summary administration allows families to settle estates worth less than $75,000 (non-exempt assets) or estates where the decedent passed away more than two years ago. Unlike formal administration, summary administration in Florida does not require appointing a personal representative, making it significantly faster, typically completing in 2–3 months versus 6–12 months for formal probate. At Florida Probate Law Group, we handle summary administration cases statewide for a flat $3,500 fee, including all court costs and certified mailings.
Quick Facts: Florida summary administration is governed by Chapter 735 of the Florida Statutes. Our flat fee of $3,500 covers everything attorney fees, court filing costs, and all certified mailings. The entire process is handled 100% remotely. We serve all 67 Florida counties. Free consultation: (352) 354-2654.
Who Qualifies for Florida Summary Administration in 2026?
Not every estate can use Florida summary administration. The law sets two separate eligibility tracks. Your estate only needs to meet one of these two conditions to qualify:
Florida summary administration vs. formal administration eligibility flowchart — Florida Probate Law Group
Track 1: Non-Exempt Assets of $75,000 or Less
If the total fair market value of the decedent’s non-exempt probate assets is $75,000 or less, the estate qualifies for Florida summary administration regardless of when the person died. The key here is the word “non-exempt.” Florida law excludes certain assets from this calculation entirely.
Exempt assets (excluded from the $75,000 calculation) include:
- The homestead property — the decedent’s primary residence, when passed to a spouse or descendants
- Up to $20,000 in household furnishings and furniture
- Up to two motor vehicles (each under 15,000 lbs)
- Up to $1,000 in personal property
Non-exempt assets — the ones that do count toward $75,000 — include:
- Bank accounts, investment accounts, and brokerage accounts without a pay-on-death (POD) designation
- Non-homestead real estate: vacation homes, rental properties, vacant land
- Business interests or closely held stock
- Valuable personal property that doesn’t fit the exempt categories
Getting this calculation right matters. Miscounting can push an estate into formal administration unnecessarily, costing your family more time and money. Our attorneys review every asset carefully before recommending a path forward.
Track 2: Decedent Has Been Deceased for More Than Two Years
If more than two years have passed since the date of death, the estate automatically qualifies for Florida summary administration, regardless of how much it’s worth. There’s no asset value limit under this track.
The reason: Florida’s two-year non-claim statute (§733.710) bars virtually all creditor claims after two years from the date of death. With creditors effectively barred, there’s no need for the extensive creditor process that formal administration requires. The only goal at that point is transferring title to the right heirs.
This track is especially useful for families who delayed starting probate, sometimes by years. The good news is that it makes the process simpler, not harder.
Summary Administration Cost in Florida: Transparent $3,500 Flat Fee Pricing
Most law firms charge hourly for probate work, and the bill keeps climbing as the case progresses. At Florida Probate Law Group, we don’t bill by the hour. Our Florida probate summary administration is handled on a fixed flat fee of $3,500, and that number covers everything.
Here’s exactly what’s included in your $3,500 flat fee:
- All attorney fees from start to finish
- Court filing fees for the circuit where your case is filed
- Certified mailings to creditors and interested parties within the United States
- Preparation of the Petition for Summary Administration
- Preparation of a Petition to Determine Homestead Status (if applicable)
- All notices, waivers, and joinder documents
- Filing of the final Order of Summary Administration
There are no hidden fees. We don’t charge a percentage of the estate’s value. You’ll know the total cost upfront, before you sign anything.
Comparison: Formal administration at Florida Probate Law Group starts at $5,500+. Summary administration is not only faster, but it also saves families an average of $2,000 or more in legal costs.
Summary Administration Process: Step-by-Step Timeline
Understanding what actually happens in a summary probate case in Florida takes the mystery out of the process. Here’s how it works from start to finish with our firm:
- Initial Consultation and Case Evaluation
We review the decedent’s assets, debts, and family situation to confirm eligibility for Florida summary administration. This consultation is free and can be completed by phone or video. We’ll tell you exactly what documents you need to gather. - Document Collection
You’ll provide the death certificate, the original Will (if one exists), and details on all probate assets, including specific account numbers and current balances. Florida courts require this level of detail to issue the Order of Summary Administration. - Petition Preparation and Beneficiary Joinder
Our attorneys draft the Petition for Summary Administration, the Petition to Determine Homestead Status (when applicable), and all supporting documents. All beneficiaries must join in or consent to the petition. We use secure electronic signature platforms so everyone can sign remotely, no notary trips, no travel. - Filing with the Circuit Court
We file the completed petition and all supporting documents with the appropriate Florida circuit court. Different circuits have different local rules and preferred forms; our attorneys know these nuances across all 67 counties. - Notice to Creditors and Interested Parties
Any interested party who didn’t sign a waiver, including known creditors, must receive a Formal Notice by certified mail. Once they sign for it, they have 20 days to object. After that window closes, we file Proof of Formal Notice with the court. - Court Order Issued
The judge reviews the petition and, once satisfied that all legal requirements are met and debts have been addressed, signs the Order of Summary Administration. This order legally directs all financial institutions, government agencies, and county clerks to transfer assets directly to the named beneficiaries. - Asset Distribution
With the court order in hand, beneficiaries can access bank accounts, transfer vehicle titles, and record real estate deeds. The estate is closed. The entire process typically takes 2–3 months from start to finish.
Summary vs Formal Administration: Which is Right for You?
Both summary and formal administration are legitimate probate paths in Florida. The right choice depends on the estate’s specific circumstances. Here’s a direct comparison:
| Feature | Summary Administration | Formal Administration |
|---|---|---|
| Timeframe | 2–3 months | 6–12 months |
| Cost (Our Flat Fee) | $3,500 | $5,500+ |
| Personal Representative Required | No | Yes |
| Eligibility | Under $75K non-exempt assets OR 2+ years since death | Any estate |
| Creditor Process | Simplified (or eliminated if 2+ years) | Full creditor notification and claim period |
| Court Oversight | Minimal | Ongoing throughout process |
| Remote Process | Yes — 100% remote | Yes — 100% remote |
When Formal Administration Is the Better Choice
Even if an estate technically qualifies for Florida summary administration, formal administration may be the smarter option in these situations:
- Significant debts (death under 2 years): In summary administration, heirs can become personally liable for the decedent’s debts (§735.206(4)) up to the value of assets they receive. If there are substantial debts, formal administration provides a better structure for managing and negotiating those claims.
- Need to investigate hidden assets: Summary administration doesn’t appoint a personal representative, so you don’t have the legal authority to compel financial records, investigate potential claims, or pursue a wrongful death action.
- Multiple properties in different counties: Managing several pieces of non-homestead real estate across multiple counties can be more practical under formal administration, where a personal representative has broad authority.
- Contested beneficiaries or disputed will: Formal administration provides more court oversight and defined timelines for challenging distributions or will validity.
If you’re unsure which route applies to your situation, a free consultation with our team will give you a clear answer fast. Read our complete Florida probate guide for a broader breakdown of both processes.
Florida Summary Administration Requirements by County
Florida’s 67 circuit courts each operate with some degree of local variation. The core requirements for Florida summary administration come from state statute, but the specific forms, filing procedures, and processing timelines differ meaningfully from county to county.
For example:
- Miami-Dade and Broward County courts use specific electronic filing portals with their own formatting requirements for petitions and orders.
- Hillsborough County (Tampa) courts have particular preferences for how homestead petitions are structured and which supporting exhibits must be attached.
- Palm Beach and Orange County courts each have local administrative orders that govern probate filings, including how certified mail proof must be documented.
- Smaller rural counties (such as Taylor, Gulf, or Hamilton) often process filings more quickly due to lower case volume, but may have limited e-filing options.
Our attorneys stay current on the local rules across all Florida circuits. We’ve handled summary probate Florida cases in every part of the state — from Pensacola to Key West and everywhere in between. No matter what county your loved one lived in at the time of their passing, we can file there.
Need Tampa summary administration? Visit our Tampa probate attorney page for Hillsborough County-specific details. Handling an estate in Broward? Our Fort Lauderdale probate attorney pagecovers the 17th Circuit’s local procedures. You can also browse our full Florida Probate by County resource library for county-specific guides.
When Not to Choose Summary Administration (Even if Qualifying)
Despite the apparent advantages of speed and cost, choosing summary administration over formal might not be advisable in several scenarios, even for estates that meet the qualifying criteria:
• Significant Creditor Claims (<2 years): If the decedent died less than two years ago and had substantial known or potential debts, formal administration may offer a more structured approach to managing and negotiating creditor claims, utilizing the personal representative’s powers. In contrast, under summary administration, heirs remain personally liable (Florida Statute section 735.206(4)) for the decedent’s debts to the extent of the value of the property they receive in probate, making creditor handling less defined and potentially more risky for beneficiaries. Local specificities for creditor handling and local rules vary, and you can explore this detail for your area in our extensive city probate guide, linked through our Florida Probate by City resources.
• Need to Investigate Assets or Access Medical Records: Since no personal representative is appointed, you lack the direct legal authority to investigate potentially hidden assets, gain access to sensitive medical records (useful for investigating potential claims or lawsuits, like a wrongful death action), or negotiate comprehensively with difficult institutions.
• Multiple Non-Homestead Real Estate Properties: Managing multiple pieces of non-homestead real estate, particularly in different counties, can add complexity that a personal representative is better equipped to handle under formal administration’s explicit powers. Local rules for real estate transfers also differ, and you can check county-specific rules for non-homestead properties through our Florida Probate by County guides.
• Potential Beneficiary Disputes: Formal administration provides more robust court oversight and specific timelines for disputing the validity of a Will or challenging distributions, offering greater protection if you anticipate significant conflict among heirs.
Homestead Property and Creditor Handling in Summary Administration
Two topics come up in almost every Florida summary administration case: homestead property and debts. Both require careful handling.
Homestead Determination
The decedent’s primary residence is usually the most valuable asset in the estate. While Florida’s constitution provides strong homestead protections under Article X, Section 4, those protections don’t transfer the title automatically. You still need a court order.
In a summary administration that involves homestead real estate, we file a separate Petition to Determine Homestead Status of Real Property alongside the main petition. The judge issues a Homestead Order that officially confirms the property’s protected status and authorizes its transfer to the correct heirs. Once that order is recorded in county public records, the property can be sold or transferred with clear title.
Our founding partner, R. Nadine David, spent time as a staff attorney for a Florida probate court before entering private practice. That experience gives our team an inside perspective on how judges evaluate homestead petitions — and how to draft them to move through the system efficiently.
Creditors in Summary Administration
If the decedent passed away less than two years ago, all known or reasonably ascertainable debts must be addressed before the court will grant the Order of Summary Administration. The petitioner must either pay the debts or demonstrate that sufficient non-exempt assets exist to cover them. If this step is skipped, heirs risk becoming personally liable for those debts — up to the value of the assets they receive.
If the decedent has been deceased more than two years, Florida’s two-year non-claim statute automatically bars most creditor claims. This significantly simplifies the process and allows asset distribution without requiring creditor payment in most cases.
Summary Administration in Action: A Real-World Example
Client Scenario: Out-of-State Family, Florida Bank Account, Under $75K
A family in Ohio contacted us after their father passed away in Gainesville, Florida. He left behind a checking account ($18,500), a savings account ($22,000), and a vehicle — totaling approximately $48,500 in non-exempt assets. The family didn’t know where to start and assumed they’d need to hire a local attorney and fly to Florida multiple times.
After a free 30-minute phone consultation, we confirmed the estate qualified for summary administration Florida based on the $75,000 non-exempt asset threshold. Our flat fee was $3,500 — all-inclusive. The family signed everything electronically from Ohio. We filed the petition in Alachua County and handled all communications with the court and creditors on their behalf.
The Order of Summary Administration was issued approximately 10 weeks after our first consultation. The family accessed both bank accounts and transferred the vehicle title without ever setting foot in Florida. Total cost to the family: $3,500. Estimated cost under formal administration: $6,000 or more, with a timeline of 9–12 months.
Note: Client details have been generalized to protect privacy. Results vary based on case complexity and court processing times.
Why Choose Florida Probate Law Group for Summary Administration?
There are plenty of law firms in Florida that handle probate. Most of them also handle personal injury, family law, criminal defense, and a dozen other practice areas. We don’t. Probate is all we do, and that focus matters when you’re trying to move an estate forward quickly and affordably.
- Probate-only firm: Every attorney on our team focuses exclusively on Florida probate and estate administration. There’s no learning curve when your case comes in.
- Flat $3,500 fee: The same price for every qualifying summary administration — no surprises, no hourly billing, no percentage of the estate.
- 100% remote process: You can complete your entire summary administration by phone, computer, or tablet. We use secure electronic signatures, video conferencing, and digital court filing. No travel required.
- Statewide coverage: We’re licensed in all 67 Florida counties. It doesn’t matter where your loved one lived — we can file there.
- Judicial insight: Our founding partner’s background as a probate court staff attorney gives us a practical understanding of how courts evaluate petitions. We draft documents that anticipate court expectations — which means fewer delays and fewer back-and-forth corrections.
- Hundreds of 5-star reviews: Our track record speaks for itself. Read our Google reviews to hear directly from families we’ve helped.
Our summary administration attorney Florida team is ready to evaluate your estate, confirm eligibility, and give you a clear timeline — at no cost to you. Call us at (352) 354-2654 or fill out the contact form on this page.
Frequently Asked Questions: Florida Summary Administration
What is summary probate administration in Florida?
Summary administration in Florida is a streamlined probate process governed by Chapter 735 of the Florida Statutes. It’s available for estates with $75,000 or less in non-exempt assets, or when the decedent passed away more than two years ago. Unlike formal administration, it doesn’t require appointing a personal representative. Instead, the court issues an Order of Summary Administration that transfers assets directly to beneficiaries. The process typically completes in 2–3 months.
How long does summary probate administration take in Florida?
An uncontested summary administration in Florida typically takes 2–3 months from filing to the issuance of the Order of Summary Administration. The timeline depends on the county court’s current caseload, the number of creditors and beneficiaries involved, and how quickly all parties return signed documents. Complex cases with multiple creditors or disputed assets may take longer. This is still substantially faster than formal administration, which commonly runs 6–12 months or more.
How much does summary probate administration cost in Florida?
At Florida Probate Law Group, the total cost for a summary administration is a flat $3,500 including all attorney fees, court filing fees, and certified mailings within the United States. We don’t charge hourly, and we don’t take a percentage of the estate. That $3,500 is the complete price you’ll pay from start to finish.
What assets qualify for summary administration in Florida?
An estate qualifies for summary administration if its non-exempt assets total $75,000 or less OR if the decedent has been deceased for more than two years, regardless of asset value. Exempt assets (homestead property, up to $20,000 in household furnishings, two vehicles, and $1,000 in personal property) do not count toward the $75,000 threshold. Non-exempt assets include bank accounts without POD designations, non-homestead real estate, and business interests, among others.
Do I need a lawyer for summary administration in Florida?
Yes. Florida law requires attorney representation for all probate proceedings, including summary administration. An attorney prepares the petition, coordinates joinder from all beneficiaries, handles creditor notices, and files the correct documents with the circuit court. Attempting to handle this without an attorney almost always results in rejected filings and significant delays. At Florida Probate Law Group, we handle the entire process for a flat $3,500 fee and it’s all done remotely.
Do exempt assets need to go through probate in Florida?
Yes. Exempt assets are protected from most creditor claims and don’t count toward the $75,000 non-exempt asset threshold but they still need to pass through the probate process in order to change legal ownership. The homestead property, for example, requires a court order confirming its status and directing its transfer to heirs before a new deed can be recorded. Exempt assets can’t simply be claimed by beneficiaries without court authorization.
Do I need to come to Florida for summary administration?
No. Our 100% Remote Probate process means you can manage every step from wherever you are — Ohio, California, or overseas. We use secure electronic signature platforms, video conferencing, and digital court filing. You’ll never need to appear in a Florida courtroom or visit our office in person. For city-specific information about local court procedures, see our Florida Probate by City guides.
What happens to debt in a Florida summary administration?
If the decedent passed away less than two years ago, provision must be made for all known or reasonably ascertainable debts before the court will issue the Order of Summary Administration. If that provision isn’t made, heirs can become personally liable (§735.206(4)) for debts up to the value of property they receive. If the decedent has been deceased for more than two years, Florida’s non-claim statute generally bars most creditor claims, allowing distribution to proceed without creditor payment.
What is the 10-day rule for Florida wills?
Florida law requires the person in possession of an original Last Will and Testament to deposit it with the Clerk of Court in the county where the decedent lived within 10 days of learning of their passing. This is required even if you haven’t decided to start probate yet. Failing to deposit the will within 10 days doesn’t invalidate it, but it can increase its vulnerability to challenges. More information is available in our Florida Probate by County guides.
Can summary administration transfer real estate in Florida?
Yes. Summary administration can transfer both homestead and non-homestead real estate. For homestead, a separate Petition to Determine Homestead Status is filed concurrently. For non-homestead real estate, the Order of Summary Administration is recorded in county public records and serves as conclusive evidence of the ownership transfer. Managing multiple properties across different counties may sometimes make formal administration more practical — our attorneys can help you evaluate this based on your specific situation. See our Florida Probate by County guides for county-specific recording requirements.
Ready to Start Your Florida Summary Administration?
Our summary administration attorneys handle cases in all 67 Florida counties for a flat $3,500 fee — all-inclusive, 100% remote. Most cases close in 2–3 months. There’s no obligation to speak with us.
Call (352) 354-2654 for a free consultation, or fill out the contact form on this page and we’ll get back to you the same business day.
For more detailed information on Florida’s probate process as a whole, read our complete Florida probate guide. You can also explore Florida Probate by City for court-specific procedures in your area.