A few weeks after his mother’s funeral, a son in Jacksonville walks into her bank with a death certificate and a copy of her will. He expects to close her account and pay the last bills. Instead, a polite employee tells him the bank cannot release a dollar without a court order. Her small brokerage account is frozen the same way.
Many Florida families reach this point and assume they face a long, expensive probate case. For smaller estates, that is often not true. Florida offers a shorter court process, and a 2026 change to the law has made far more families eligible for it. The process is simpler, but it still has rules that, when skipped, can leave heirs personally responsible for debts.
This guide explains how summary administration in Florida works, who qualifies under the new $150,000 limit, and how to file. It also covers timing, creditors, and whether you need a lawyer. Finally, it looks at shortcuts for estates too small to need even this process.
What Is Summary Administration in Florida?
Summary administration is a shortened form of probate. No personal representative is appointed to manage the estate for months. Instead, the court reviews a petition from the family and signs an order telling banks and other institutions who receives each asset. Once the order is entered, the property can be distributed right away.
Florida’s other main option is formal administration, the full probate process. In formal administration, the court appoints a personal representative and issues letters of administration, a process explained on our letters of administration page. The two paths differ in several important ways:
| Issue | Summary Administration | Formal Administration |
| Who manages the estate | No personal representative is appointed | A personal representative is appointed |
| Court document | Order of summary administration | Letters of administration |
| Clerk’s filing fee | $340, or $230 if the estate is under $1,000 | $395 |
| Lawyer | Not required by court rules, though often helpful | Required in almost every case |
| Creditors | The family must find and provide for known creditors | A published notice and a formal claims period |
Who Qualifies for Summary Administration in Florida
Not every estate can use the shorter path. Under Section 735.201, the will, if there is one, must not require formal administration. The estate must also meet at least one of these tests:
- The estate is small enough: The property that must go through probate in Florida, minus property protected from creditors, is worth $150,000 or less.
- Enough time has passed: The death occurred over two years before the petition, no matter how large the estate is.
The $150,000 Limit Since July 1, 2026
Until mid-2026, the limit was $75,000. House Bill 1337, which took effect on July 1, 2026, doubled it to $150,000 and brought many more families within reach of the faster process.
The law does not clearly say whether the new limit depends on the date of death or the date the petition is filed. Some Florida lawyers read it as applying to any petition filed after July 1, 2026, even when the death happened earlier. If your loved one died before that date and the estate is worth between $75,000 and $150,000, have the timing reviewed before you file.
What Does Not Count Toward the Limit
The $150,000 figure is not the total of everything a person owned. Only property that actually has to pass through probate counts. Several valuable items are left out:
- Protected homestead: The person’s Florida home usually passes outside the creditor process and is left out of the calculation.
- Exempt property: If the person left a spouse or children, household furniture and appliances worth up to $20,000, up to two vehicles used by the family, and qualified college savings plans are excluded.
- Accounts with named beneficiaries: Bank accounts marked POD or TOD, life insurance, and retirement accounts with a living beneficiary pass directly to that person.
- Jointly owned property: Accounts and real estate held with a right of survivorship belong to the surviving owner.
- Property with a planning deed: A home transferred through a Lady Bird deed passes to the named beneficiary without probate.
How to File for Summary Administration in Florida
The process takes place in the circuit court of the county where the person lived. For Jacksonville families, that means the Duval County courthouse. Most cases follow these steps:
- Deposit the original will: Anyone holding the original will must file it with the clerk within 10 days after learning of the death.
- List the assets and values: Gather statements for bank accounts, vehicles, investments, and any real estate, and note which items are exempt.
- Search for creditors: Look through mail, bills, and records to identify anyone the person owed money.
- Prepare the petition: A beneficiary, or the person named in the will as personal representative, prepares a Petition for Summary Administration describing the estate and the proposed distribution.
- Collect signatures: The surviving spouse and the beneficiaries generally sign the petition. Anyone who does not sign must receive formal notice.
- File and pay the fee: File the petition, the death certificate, and the will with the clerk, along with the filing fee.
- Receive the order: The judge reviews the petition and, if everything is in order, signs an order of summary administration.
- Distribute the assets: Banks and other institutions release property based on the order, and a certified copy is recorded for any real estate.
How Long Does Summary Administration Take?
Summary administration is usually much faster than full probate. When every family member signs, the creditors are handled, and the paperwork is complete, many cases finish within a few weeks to a few months. The exact time depends on the county’s workload and how quickly the judge reviews the file.
Formal administration takes longer by design. It includes a creditor claims period of at least three months after notice is published, an inventory, and a final accounting. A simple formal case commonly takes six months to a year, and a family conflict or unusual assets can stretch it further. That is why the answer to how long probate takes in Florida depends so much on which path the estate can use.
Creditors and Debts in Summary Administration
Summary administration does not make debts disappear. Before the judge signs the order, the family must make a diligent search for creditors. They must send a copy of the petition to the creditors they find and arrange for payment as far as the estate’s assets allow. If the person received Medicaid benefits after age 55, the state may have a claim and should be treated like any other known creditor.
Skipping this step has real consequences under Section 735.206:
- Personal liability: Each person who receives property can be personally responsible for a share of valid debts, up to the value of what they received.
- Attorney fees: A creditor who was ignored and later wins in court can recover its attorney fees from the people who signed the petition.
- The two-year cutoff: Two years after the death, the estate and the heirs are generally no longer liable for claims that were never pursued.
The family may also choose to publish a notice to creditors after the order is entered. This step is optional, but it cuts off claims from unknown creditors three months after the first publication instead of leaving them open for two years.
Can You File Summary Administration Without a Lawyer?
Often, yes. Florida’s probate rules require a lawyer for a personal representative in most cases, and summary administration does not appoint one. Some clerks’ offices offer forms or checklists, and families with a simple estate and full agreement among the heirs sometimes file on their own.
Doing it yourself carries risks that are easy to underestimate:
- A rejected petition: Missing signatures, wrong values, or an incomplete creditor search can lead the judge to deny or delay the order.
- Debts that follow you: Heirs who distribute property without providing for known creditors can end up paying those debts personally.
- An omitted heir: A relative left out of the petition can later sue the people who signed it and may recover attorney fees as well.
- Real estate problems: Title companies often review summary administration orders closely before insuring a sale of the property.
The court costs are modest, generally the filing fee plus small charges for certified copies and recording. A lawyer adds a fee, but it usually costs far less than formal probate. It also lowers the risk of a mistake that surfaces when the house is sold, or a creditor appears.
Simpler Options for Very Small Estates
Some estates are so small that even summary administration is more than they need. The 2026 law also raised several of the limits for these shortcuts:
| Option | When It Can Be Used | How It Works |
| Disposition without administration | The estate has only exempt property and enough other property to cover the funeral and final 60 days of medical bills | A simple request, after which the court issues a letter authorizing transfer |
| Small estate affidavit | There is no will, the person died more than one year ago, and other personal property is worth $20,000 or less | The heirs sign an affidavit, and the court authorizes distribution |
| Small bank accounts | Accounts in the person’s sole name total $2,000 or less, six months have passed, and no probate case has been opened | The closest family member collects the funds from the bank by affidavit, without court |
| Federal tax refund | The refund is $5,000 or less | A surviving spouse or child can claim it without a probate case |
Settle Your Loved One’s Estate With Weldon Law Group
Summary administration can spare a family months of waiting and thousands of dollars in costs. It also asks a grieving family to handle details that matter, such as signatures, creditor searches, and property values, at a time when nobody feels like reading statutes.
Weldon Law Group, PLLC helps Northeast Florida families choose the right probate path and complete it correctly, in English or Spanish. Our estate planning and probate attorneys handle:
- Eligibility review: Confirming whether the estate qualifies and which assets count toward the limit.
- Petition preparation: Drafting the petition, collecting signatures, and serving formal notice.
- Creditor protection: Searching for creditors and publishing notice when it makes sense.
- Real estate transfers: Preparing the documents needed to sell or transfer a home after the order.
Schedule a free consultation to find the fastest legal path for your family’s estate.
Frequently Asked Questions
| Question | Answer |
| Does summary administration require a will? | No. It works whether the person left a will or not. With a will, the property goes as the will directs. Without one, Florida’s intestate succession rules decide who inherits. |
| Can a house be transferred through summary administration? | Yes. A certified copy of the order is recorded in the county records. If the house was protected homestead, heirs usually still need the court to confirm it, often through an order determining homestead. |
| What if more assets are found after the order? | The family can usually return to court and ask for an additional order covering the newly found property. Banks generally will not release an asset that is not listed in an order. |
| Can summary administration be changed to formal probate? | Generally, yes. If a dispute arises or the estate turns out to be larger than expected, a party can ask the court to open a formal administration instead. |
| Do I have to live in Florida to file? | No. A beneficiary who lives in another state can file a petition in the Florida county where the person lived, although out-of-state families often find it easier to work with a local attorney. |