What Is Summary Administration?
Summary administration is Florida's shortcut through probate. Instead of appointing a personal representative and supervising months of estate administration, the court reviews a petition and, if everything checks out, signs an order distributing the assets directly to the beneficiaries — often within a matter of weeks.
It's governed by Florida Statutes §§ 735.201–735.2063, and it's available for a meaningful share of the estates that come through our office, particularly where the decedent kept things simple.
Who Qualifies in 2026
An estate is eligible for summary administration if either of the following is true:
- The value of the non-exempt probate assets is $150,000 or less (this threshold was doubled from $75,000 under the 2026 reform, CS/SB 1500), or
- The decedent has been dead for more than two years — regardless of how much the estate is worth.
Homestead property and certain exempt assets generally don't count toward that $150,000 cap, which is why estates that look larger on paper can still qualify. All beneficiaries and any surviving spouse must agree to proceed this way and sign consents; if even one heir objects, the estate typically has to go through formal administration instead.
How It's Different from Formal Administration
Formal administration appoints a personal representative who has to publish a notice to creditors, wait out a claims period, inventory the estate, and get court approval before closing — usually six months to a year, sometimes longer if there's a dispute. Summary administration skips the personal representative step entirely. The court's order itself is what transfers title to the beneficiaries (or to whoever paid final expenses, if that's part of the petition).
The tradeoff is that summary administration offers less protection against unknown creditors. It's the right tool for a clean, low-conflict, modest estate — not for one with disputed debts or family disagreements.
The Process and Timeline
A typical summary administration in Broward County runs 30–60 days from filing to final order, though it can move faster if the paperwork is clean and slower if a judge has questions or a beneficiary is hard to track down. The general steps:
- Prepare and file the Petition for Summary Administration, along with the death certificate and the original will (if there is one).
- Every beneficiary and any surviving spouse signs a consent, or is otherwise properly noticed.
- The court reviews the petition — no personal representative is appointed, and there's typically no hearing required if the paperwork is in order.
- The judge signs an Order of Summary Administration distributing the assets and, for real property, vesting title in the beneficiaries.
What It Costs
Filing fees are set by the Clerk of Court: $236 if the estate's assets are valued under $1,000, and $346 for everything above that. Attorney's fees for summary administration are typically a fraction of what formal administration costs, since there's far less work involved — we quote these flat where we can, so you know the number going in.
When You Still Need an Attorney
Summary administration looks simple on paper, and often it is. But a few things trip people up: real estate with a mortgage or a title issue, a beneficiary who can't be located, disagreement over what's actually exempt from the $150,000 cap, or a will that doesn't clearly name who inherits what. An attorney also makes sure the order you get actually does what you need it to do — particularly for real property, where a defective order can create title problems years later when the property is sold.