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Florida does not have a traditional "small estate affidavit" like many other states. Instead, Florida offers two simplified probate alternatives that achieve similar results: Summary Administration (Fla. Stat. § 735.201) and Disposition of Personal Property Without Administration (Fla. Stat. § 735.301).
Both alternatives let small Florida estates skip full formal probate, with significantly lower costs and faster timelines. This guide explains when each one applies and how the process works.
| Feature | Summary Administration | Formal Administration |
|---|---|---|
| Asset limit | $150,000 non-exempt (or 2+ years deceased) | No limit |
| Personal representative | Not appointed | Required |
| Letters of Administration | Not issued | Issued |
| Inventory required | No | Yes (Fla. Prob. R. 5.340) |
| Creditor notice period | No (creditors barred after 2 years) | 3 months from first publication |
| Typical timeline | 60-90 days | 9-14 months |
| Typical attorney fee | $1,500-$3,000 | $3,500-$5,000+ flat or per § 733.6171 |
When someone dies on or after July 1, 2026, Florida's summary administration ceiling is $150,000 in non-exempt assets, up from $75,000. Chapter 2026-57, Laws of Florida, made the change to section 735.201(2), Florida Statutes. An estate of any value may still qualify if the decedent died more than two years ago.
The same act raised the limit for disposition without administration in small intestate estates under section 735.304 from $10,000 to $20,000. For deaths before July 1, 2026, the older $75,000 and $10,000 limits still apply.
Summary administration is not something one heir can push through alone if others object. Florida law requires that the petition be signed by the surviving spouse (if any) and by every beneficiary who is entitled to a share of the estate, or by someone acting on their behalf with authority to do so. If a beneficiary will not sign, the petitioner generally has to serve that person with formal notice and give them a chance to object before the court will act. In practice, a single uncooperative heir can slow down or block summary administration, which is one of the most common reasons families end up needing an attorney even though the process looks simple on paper.
Another point people searching for a "small estate affidavit" often do not realize: Florida's process does not cut off creditor claims the way formal administration can. Because there is no publication of notice to creditors, anyone who received assets through summary administration can remain responsible to pay valid claims of the decedent's creditors for up to two years after the date of death, up to the value of what they received. This is different from formal probate, where a completed creditor claims period can close that door much sooner.
Banks, title companies, and the DMV are also not always required to accept a Florida Order of Summary Administration the same way they might accept a small estate affidavit in another state. Most Florida banks and brokerage firms will release funds once they see a certified copy of the court's order, but some institutions have their own internal thresholds or require additional paperwork, especially for accounts with out-of-state custodians. If real estate is involved, a title company will usually want to review the order and the underlying petition before insuring title, which can add a step if the goal is to sell or refinance the property quickly.
Yes, in almost all cases. The surviving spouse and all beneficiaries who would receive property under the will or under intestate succession need to either sign the petition or receive formal notice and be given an opportunity to object.
Yes. Because there is no creditor publication period in summary administration, recipients of estate assets can remain liable to pay valid creditor claims for up to two years from the date of death, limited to the value of what each person received.
Most banks will accept a certified copy of the Order of Summary Administration, but policies vary by institution, and some require extra forms, especially for out-of-state accounts or brokerage assets.
A title company will typically review both the petition and the court's order before insuring title, so it helps to raise the sale plan with your attorney before filing so the paperwork supports a clean transfer later.
Florida does not have a traditional small estate affidavit. Instead, Florida offers two simplified probate alternatives: (1) Summary Administration under Fla. Stat. § 735.201, available when non-exempt estate assets are $150,000 or less (for deaths on or after July 1, 2026), OR when the decedent died more than 2 years ago; and (2) Disposition of Personal Property Without Administration under Fla. Stat. § 735.301, available for very small estates with limited personal property.
Summary administration is Florida’s simplified probate procedure under Chapter 735, Florida Statutes. It is available when (a) the value of the decedent’s non-exempt probate estate does not exceed $150,000 (for deaths on or after July 1, 2026), OR (b) the decedent died more than 2 years ago. Summary administration does not appoint a personal representative; instead, the court enters an Order of Summary Administration directly distributing assets to beneficiaries.
$150,000 in non-exempt assets (for deaths on or after July 1, 2026) (Fla. Stat. § 735.201(2)). Exempt assets — homestead, exempt personal property up to $20,000 under Fla. Stat. § 732.402, and protected allowances — are not counted toward the $150,000 threshold. If the decedent died more than 2 years ago, the $150,000 limit does not apply and summary administration is available regardless of estate size.
Typically 60 to 90 days from filing the petition to the order distributing assets. This is significantly faster than formal administration, which usually takes 9 to 14 months. The streamlined process is possible because summary administration skips appointment of a personal representative, the inventory requirement, the 3-month creditor publication, and the formal accounting.
Court filing fees are approximately $345 to $400 depending on the county. Attorney fees for summary administration are typically $1,500 to $3,000 — substantially less than formal administration ($3,500 to $5,000 for most matters under Fla. Stat. § 733.6171 statutory schedule). The savings reflect the reduced procedural complexity.
Under Fla. Stat. § 735.301, an interested person can ask the court to pay the funeral expenses and reimburse a person who paid them, from the decedent’s personal property — without opening probate. It is available when (a) the only assets are exempt personal property under Fla. Stat. § 732.402 (limited household goods, vehicles, etc.) and non-exempt personal property not exceeding the sum of preferred funeral expenses (up to $6,000) and reasonable last-illness medical expenses incurred in the last 60 days.
Yes. Summary administration is available whether the decedent died testate (with a will) or intestate (without a will). The will is admitted to probate at the same time the summary administration is petitioned. The court’s order of distribution follows the will if there is one, or the intestate succession statute if there is not.
Florida Probate Rule 5.030 generally requires legal representation for probate proceedings. There is a narrow exception for summary administration where the petitioner is the sole interested person or is themselves a Florida-licensed attorney. In practice, even when self-representation is technically permitted, the procedural complexity, creditor notice issues, and statutory requirements make legal representation strongly advisable.
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