Summary administration is Florida’s simplified, shortened probate procedure. It is available when the estate’s non-exempt value is $75,000 or less (increasing to $150,000 effective July 1, 2026 per CS/HB 1337) or when the decedent has been deceased for more than two years. The process is governed by Chapter 735 of the Florida Probate Code (F.S. §735.201) and typically takes just 4–8 weeks.
Unlike formal administration, there is no court-appointed personal representative, no verified inventory, and no mandatory creditor claims period. Instead, the court enters an Order of Summary Administration directing distribution of assets directly to the beneficiaries (F.S. §735.206).
At Bucelo Diaz Law, we handle Florida summary administration as a flat-fee, efficient alternative to full probate. If your loved one’s estate qualifies, contact us for a free consultation.
- Summary administration is Florida’s simplified probate procedure. Available under F.S. §735.201 when the estate’s non-exempt value is $75,000 or less (rising to $150,000 effective July 1, 2026 per CS/HB 1337) or the decedent has been deceased more than two years.
- The process typically takes 4–8 weeks. There is no mandatory 3-month creditor claims period, no court-appointed personal representative, and no final accounting. The court enters a single Order of Summary Administration directing distribution of the assets (F.S. §735.206).
- Summary administration can transfer Florida real property. The Order of Summary Administration can be recorded in the county land records to perfect title to the decedent’s real estate — including homestead property determined under F.S. §733.607 and Article X, §4 of the Florida Constitution.
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What Is Summary Administration in Florida?
Summary administration is a streamlined Florida probate procedure for small estates and for estates where the decedent has been deceased for more than two years. Instead of opening a full formal administration, all beneficiaries file a joint Petition for Summary Administration under F.S. §735.203 and the court issues an order directing distribution of the assets.
The process is governed by Chapter 735 of the Florida Probate Code. It differs from formal administration in several important ways:
- No personal representative is appointed — beneficiaries act jointly as petitioners,
- No mandatory Notice to Creditors publication; publication is optional under F.S. §735.2063 to start the 3-month claims bar,
- No verified inventory or final accounting is required by statute, and
- Significantly shorter timeline — most cases close within 4–8 weeks rather than 6–12 months.
Summary administration is the most cost-effective Florida probate procedure when the estate qualifies — but it is only available in the narrow circumstances set by statute. When the estate does not qualify, formal administration is required.
Wondering if your loved one's estate qualifies for Florida summary administration? Bucelo Diaz Law can confirm eligibility in a free consultation.
Contact NowWhen Is Summary Administration Available?
Summary administration is available under F.S. §735.201 in two independent situations: (1) when the decedent’s non-exempt estate does not exceed $75,000 in value (increasing to $150,000 effective July 1, 2026 per CS/HB 1337), or (2) when the decedent has been deceased for more than two years. If neither applies, formal administration is required.
Estate Value Threshold
Summary administration applies when the probate estate’s non-exempt assets are valued at $75,000 or less. The threshold excludes protected homestead property, statutory exempt property under F.S. §732.402 (certain household furnishings and a vehicle), and assets passing outside of probate (trust assets, joint-tenancy property, POD/TOD accounts). Effective July 1, 2026, CS/HB 1337 raises the threshold to $150,000, making summary administration available for a much larger pool of Florida estates.
Two-Year Rule
Summary administration is also available — regardless of estate size — when more than two years have passed since the decedent’s death. This is because F.S. §733.710 imposes a two-year outer bar on most creditor claims, removing the need for the formal creditor-claims process. Families who discover a previously-unprobated Florida asset years after a loved one’s death can often use summary administration regardless of the asset’s value.
Real Property & Homestead
Summary administration can transfer title to Florida real property — including homestead. Once the court enters the Order of Summary Administration, that order is recorded in the county land records and perfects the beneficiaries’ title. Homestead property may separately qualify for the constitutional protections of Article X, §4 of the Florida Constitution; we typically request a homestead determination in the same petition.
Creditor Claims & Optional Notice
Summary administration does not require a Notice to Creditors. However, when the decedent has been deceased less than two years, petitioners may optionally publish a Notice to Creditors under F.S. §735.2063 to start the 3-month claims bar and protect the beneficiaries. If no notice is published, petitioners remain personally liable to any valid creditor for up to two years after death, to the extent of the property received. If more than two years have passed since death, no notice is needed because F.S. §733.710 already bars most claims.
Out-of-State Beneficiaries in Florida Summary Administration
Summary administration is unique among Florida probate procedures because no personal representative is appointed. Under Florida Statute §735.203, the surviving spouse (if any) and ALL beneficiaries jointly sign the verified Petition for Summary Administration. When the family lives in different states, or another country, this raises a practical question: how do we coordinate everyone’s signature without traveling to Florida?
The answer in almost every case: signatures are coordinated remotely, and no one needs to travel to Florida.
Who Has to Sign the Summary Administration Petition
Under F.S. §735.203, the verified Petition for Summary Administration must be signed by:
- The surviving spouse, if any; AND
- Every beneficiary who would receive a share of the estate.
Unlike formal administration, no single petitioner is “in charge.” All interested parties join in the petition, attest to the same facts, and request the same relief. Each signer must sign in front of a notary.
Remote Notarization for Out-of-State Beneficiaries
Florida courts accept signatures notarized in any US state. For beneficiaries outside Florida, you have two clean options:
- Notarize in your home state. Sign the petition before a notary in your state, then return the signed and notarized document to us by overnight mail or scanned copy followed by mail.
- Use Florida Remote Online Notarization (RON). Florida law (F.S. §117.201–117.305) authorizes Remote Online Notarization. We can connect you with a Florida online notary who handles the signing entirely by encrypted video call. Useful when several beneficiaries need to sign on the same schedule from different states.
For international beneficiaries (Canada, Latin America, Europe), the Florida court typically accepts a signature notarized at a US embassy or consulate, or notarized in the home country with an apostille under the Hague Convention. We coordinate the correct method based on where each beneficiary lives.
When a Beneficiary Refuses to Sign or Cannot Be Located
If any beneficiary refuses to sign, or cannot be located despite reasonable effort, summary administration is not available and the estate must proceed through formal administration. We assess this early in the case so the family does not invest in a path that ultimately cannot close.
Summary vs. Formal Administration in Florida
Whether summary or formal administration applies depends on the estate’s value, the time since death, and whether complications such as creditor disputes or contested assets exist. Here is a side-by-side comparison:
| Feature | Summary Administration | Formal Administration |
|---|---|---|
| Eligibility | Estate value $75,000 or less (increasing to $150,000 eff. July 2026) or decedent deceased 2+ years (F.S. §735.201) | Required for estates exceeding the summary threshold or involving complex issues (real property outside summary eligibility, disputes, ongoing business) |
| Typical Timeline | 4–8 weeks | 6–12 months (12-month target per F.S. §733.901) |
| Personal Representative | Not appointed by court — beneficiaries petition jointly under F.S. §735.203 | Court-appointed; must qualify under F.S. §733.304 |
| Court Supervision | Minimal — single Order of Summary Administration entered under F.S. §735.206 | Full judicial oversight throughout the process |
| Creditor Claims | No formal claims process; optional publication under F.S. §735.2063 to start 3-month bar when recent death | Mandatory 3-month creditor notice period (F.S. §733.702) |
| Inventory / Accounting | Not required by statute | Verified inventory within 60 days (F.S. §733.604) plus final accounting |
| Attorney Requirement | Recommended but not always required | Required in virtually all cases (Florida Probate Rule 5.030) |
| Typical Cost | $4,500 flat fee | $8,500+ |
| Best For | Small estates, older deaths (2+ years), simple distributions, no creditor disputes | Larger estates, contested matters, ongoing business, complex real property transfers |
Not sure which path applies to your situation? Schedule a free consultation and we will review your case and recommend the most efficient approach.
Summary administration is the fastest way through Florida probate when you qualify. Bucelo Diaz Law handles the full petition at a flat fee.
Contact NowSummary Administration Timeline: Step by Step
The Florida summary administration process is considerably shorter than formal administration. Here is what to expect at each stage:
Florida law requires the custodian of a will to deposit it with the clerk of the circuit court within 10 days of learning of the testator’s death (F.S. §732.901). This step applies even when summary administration will be used.
Your probate attorney reviews the estate to confirm summary administration eligibility under F.S. §735.201 — either $75,000 or less in non-exempt assets or more than two years since death — and gathers asset details, beneficiary contact information, and the death certificate.
Under F.S. §735.203, the petition must be signed and verified by the surviving spouse (if any) and all beneficiaries. Our office prepares the petition, coordinates signatures, and obtains notarization.
The verified petition is filed with the circuit court in the county of the decedent’s Florida residence (or the county containing Florida property for a non-resident). The filing fee is approximately $400–$420.
If the decedent has been deceased less than two years, publishing a Notice to Creditors under F.S. §735.2063 starts a 3-month claims bar and shields the beneficiaries. If more than two years have passed, publication is generally unnecessary because F.S. §733.710 already bars most claims.
Under F.S. §735.206, the court reviews the petition and enters an Order of Summary Administration directing specific distribution of each estate asset. Many Florida counties will enter the order without a hearing if the petition is complete.
Once the Order of Summary Administration is entered, it is used to transfer bank accounts, investment accounts, vehicle titles, and other assets to the beneficiaries. For Florida real property, the order is recorded in the county land records to perfect title.
How Much Does Summary Administration Cost in Florida?
At Bucelo Diaz Law, summary administration is a $4,500 flat fee — no hourly billing, no surprises. Because summary administration does not involve a personal representative, mandatory publication, inventory, or final accounting, it is dramatically less expensive than formal administration. Florida Statute §733.6171 would otherwise set the presumed reasonable fee by estate size — for a $75,000 estate, that statutory fee is approximately $2,250.
Summary Administration
- Attorney fees included
- Full petition preparation & filing
- Coordination of beneficiary signatures
- Order of Summary Administration & recording
- No hidden attorney costs
Court filing fees (~$400–$420) and optional publication (~$150–$300) are separate.
Formal Administration
- Attorney fees per statutory schedule
- Court filing fees (~$400–$420)
- Notice to creditors publication (~$150–$300)
- Personal representative bond (if required)
- Inventory, accounting & discharge
Required when estate exceeds the summary threshold or includes complex matters. See Formal Administration.
Every consultation is free. No obligation. No surprises.
We review your situation, explain your options, and provide a clear fee estimate before you commit. Call (954) 399-1910 or schedule online.
How to Avoid Probate in Florida
Even summary administration involves court filings, fees, and delays. For many Florida families, proper estate planning can reduce or eliminate the need for any probate proceeding — including summary administration:
Revocable Living Trust
Assets held in a properly funded revocable living trust pass directly to beneficiaries outside of probate, maintaining privacy and avoiding court fees.
Lady Bird Deed
An enhanced life estate deed transfers homestead property to beneficiaries upon death while you retain full control during your lifetime. Preserves homestead tax exemptions and avoids probate for that property.
Pay-on-Death & Transfer-on-Death
Bank accounts with POD designations and investment accounts with TOD designations transfer directly to named beneficiaries under Florida law, bypassing probate.
Joint Tenancy / Tenancy by the Entirety
Property held as joint tenants with right of survivorship or, for married couples, as tenancy by the entirety, passes automatically to the surviving owner without probate.
A comprehensive estate plan typically combines several of these strategies. Learn about our Florida estate planning services or schedule a free consultation.
Related Florida Probate Services
Summary administration is one path through Florida probate. Depending on the estate, a different procedure may apply. Our team handles every form of Florida probate:
Florida Probate Overview
A complete guide to the Florida probate process, including when probate is required, the personal representative’s duties, and the Florida Probate Code (Chapters 731–735).
Learn MoreFormal Administration
The full, court-supervised Florida probate process under Chapter 733. Required when the estate exceeds the summary threshold or involves real property, creditor disputes, or other complex issues.
Learn MoreAncillary Probate
Used when the decedent was not a Florida resident but owned real property within the state. Coordinated with the domiciliary estate under F.S. §734.102.
Learn MoreWhat to Expect When You Partner with Bucelo Diaz Law
Summary administration is faster and cheaper than formal administration, but the petition must still be drafted with precision — improper eligibility findings, missing signatures, or incorrect asset descriptions can delay the order or require refiling. When you hire Bucelo Diaz Law, you can expect the following:
- Flat-fee transparency. $4,500 all-inclusive attorney fee — quoted in writing before you sign.
- Direct attorney handling. Alexis Bucelo Diaz and Rachel Peraza personally draft and review every summary petition. We do not pass your matter off to a paralegal.
- Eligibility review up front. We confirm the estate qualifies under F.S. §735.201 before filing — so you never pay for a petition that the court will reject.
- Statewide representation. We handle summary administration in all 67 Florida counties, with in-person meetings available at our Weston, Ocala, and Naples offices or by Zoom.
Speak with a Florida Summary Administration Attorney Today
If you believe a Florida estate may qualify for summary administration, contact Bucelo Diaz Law for a free 30-minute consultation. Call (954) 399-1910 or schedule online — both in-person and virtual meetings are available.
No will in the estate? Summary administration is available even when the decedent died intestate. The court distributes the estate under Florida’s intestate succession rules. See our Florida intestate succession chart for who inherits when there is no will.
Frequently Asked Questions About Summary Administration
What is summary administration in Florida?
Summary administration is a simplified Florida probate procedure, governed by Chapter 735 of the Florida Probate Code. It is faster and less expensive than formal administration because no personal representative is appointed, no mandatory Notice to Creditors is published, no verified inventory is required, and no final accounting is filed. The court enters a single Order of Summary Administration directing distribution of the estate’s assets.
When is summary administration available in Florida?
Summary administration is available under F.S. §735.201 in two situations: (1) the value of the decedent’s non-exempt probate estate does not exceed $75,000 (increasing to $150,000 effective July 1, 2026 per CS/HB 1337), or (2) the decedent has been deceased for more than two years. Either condition independently supports summary administration — both are not required.
How long does summary administration take in Florida?
Most summary administrations take 4–8 weeks from petition filing to the court’s Order of Summary Administration. Uncontested small-estate cases in well-staffed probate divisions can close in as little as 2–4 weeks. Cases involving real property, homestead determinations, or reluctant beneficiaries (who must all sign the petition) may take longer.
How much does summary administration cost in Florida?
At Bucelo Diaz Law, summary administration is a $4,500 flat fee for attorney services. Court filing fees (approximately $400–$420) and optional publication costs ($150–$300) are separate. Every consultation is free.
Is a personal representative appointed in summary administration?
No. Unlike formal administration, summary administration does not involve the appointment of a personal representative and no Letters of Administration are issued. Instead, under F.S. §735.203, the surviving spouse (if any) and all beneficiaries sign a verified Petition for Summary Administration jointly.
Is there a creditor claim period in summary administration?
Summary administration has no mandatory Notice to Creditors. However, when the decedent has been deceased less than two years, petitioners may optionally publish a Notice to Creditors under F.S. §735.2063 to start a 3-month claims bar and protect the beneficiaries from unknown creditors. When more than two years have passed since death, F.S. §733.710 already bars most creditor claims, so publication is generally not needed.
Can summary administration transfer Florida real property?
Yes. Once the court enters the Order of Summary Administration, that order is recorded in the county land records and perfects the beneficiaries’ title to Florida real property — including homestead. We typically request a homestead determination in the same petition so that the order both transfers the property and confirms its constitutional protection under Article X, §4 of the Florida Constitution.
Do I need a Florida attorney for summary administration?
Florida Probate Rule 5.030 does not require an attorney in summary administration when the petitioner is the only interested person. In practice, however, most Florida probate courts expect a properly drafted petition, proper signature and notarization of every beneficiary, correct asset descriptions, and an accurate eligibility finding under F.S. §735.201. An error at any of those points delays the order or requires refiling.
What happens if more than two years have passed since death?
Summary administration is available regardless of estate size once more than two years have passed since the decedent’s death. F.S. §733.710 generally bars most creditor claims at the two-year mark, which is why even a Florida estate with real property worth several hundred thousand dollars may qualify for summary administration if the death is old enough.
In which Florida county is summary administration filed?
Summary administration is filed in the circuit court of the county where the decedent was a Florida resident at death. If the decedent was not a Florida resident, it is filed in the county where the decedent’s Florida property is located. If property is located in multiple counties, the case is generally filed in the county containing the most valuable Florida asset.
My parent lived in Florida and passed away with a small estate. I live in New York and my siblings live in other states. How do we handle summary administration?
Under F.S. §735.203, the verified Petition for Summary Administration must be signed by the surviving spouse (if any) and all beneficiaries. You and your siblings each sign the petition before a notary in your home state, return the notarized signature pages to us, and we file the consolidated petition with the Florida court. No one needs to travel to Florida.
Our parents died in Florida with a smaller estate. The family lives across New Jersey and other states. Can we still do summary administration?
Yes, summary administration works regardless of where the family lives. The procedural requirement is that all beneficiaries sign the joint petition. We send the petition to each family member, each signs in front of a notary in their state, and we coordinate the assembled package for filing in the correct Florida county.
My mother lived in Florida and passed with under $75,000 in assets. I live in California. Do I need to travel to Florida to sign?
No. Summary administration only requires a notarized signature, not a Florida signature. You can sign the petition before any California notary or use Florida Remote Online Notarization (RON) by video call. We mail or email the petition to you, you sign and notarize, and you return it to us. The entire process is completed without travel.
My parents lived in Florida and just passed. I live in Texas with my siblings. Can we sign the summary petition remotely from Texas?
Yes. We prepare the joint petition naming all beneficiaries, send it to each of you by email and overnight mail, and you sign before a Texas notary. Once we have all signed and notarized signature pages, we file the petition in the correct Florida county. The court usually issues the Order of Summary Administration within four to eight weeks.
We’re scattered across Illinois and several other states. Our Florida parent died with a small estate. How do we coordinate signatures?
We handle the coordination. You give us the names and contact details of every beneficiary, we draft the joint petition, and we send a personalized signature package to each family member. They sign before a notary in their state and return the notarized pages to us. We assemble the final petition and file it with the Florida court.
Beneficiaries are spread across multiple US states. Our Florida parent’s estate qualifies for summary administration. How do we get everyone to sign?
We routinely coordinate signatures across multiple states. The process works the same regardless of how many states are involved: each beneficiary signs the petition before a notary in their home state and returns the notarized signature page to us. Florida courts accept signatures notarized in any US state. We assemble all signature pages and file the unified petition.
Our family lives in Canada. Our parent died in Florida with a smaller estate. Can we sign the petition from Canada?
Yes. Florida courts accept Canadian-notarized documents in summary administration. The Canadian signature should be notarized by a Canadian notary public and, in most cases, accompanied by an apostille (Canada became a Hague Apostille Convention party in 2024) or by certification through the Canadian government and the relevant US consulate. We coordinate the correct method with you to avoid procedural rejection.
Our family lives in Latin America and reads Spanish. Can you coordinate Florida summary administration in Spanish?
Yes. Our Spanish-speaking attorneys handle Florida summary administration for Latin American families regularly. We translate the petition for review, coordinate notarization at a US embassy or consulate (or local notary with apostille), and walk each family member through their signature in Spanish. Most Latin American documents require apostille or consularización before Florida courts will accept them, and we manage that process.
Can we sign the Florida summary administration petition by Remote Online Notarization (RON)?
Yes. Florida law (F.S. §117.201–117.305) authorizes Remote Online Notarization. We can connect you with a Florida online notary who handles the signing entirely by encrypted video call. RON is useful when multiple beneficiaries need to sign on the same schedule from different states. The signed and notarized petition is delivered electronically and filed with the Florida court immediately.