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Estate Affidavit Guide

What Qualifies for Florida's Summary Administration?

Florida's Summary Administration applies when the estate's value falls at or under $150,000 (non-exempt estate value only, excluding homestead; no cap at all if the decedent has been dead more than 2 years; applies to deaths on or after 2026-07-01 (prior estates remain capped at $75,000)), under Florida Statutes § 735.201. This is a statutory line, not a judgment call — compare your own total against it before assuming either way. This is informational only — we don't determine your eligibility for you.

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The statutory line, exactly

Florida's Summary Administration applies when the estate, measured the way the statute measures it, is at or under $150,000, under Florida Statutes § 735.201. That figure specifically means: non-exempt estate value only, excluding homestead; no cap at all if the decedent has been dead more than 2 years; applies to deaths on or after 2026-07-01 (prior estates remain capped at $75,000). This is a statutory line, not a judgment call — the clerk or asset holder either sees your total under the cap or they don't.

The mistakes that actually sink an otherwise-eligible estate

4 reasons account for most of the rejections Florida families run into — cited to the specific Florida Statutes § 735.201 section behind each one, not general advice:

  • Estate exceeds $150,000 and the decedent died less than 2 years ago. Summary Administration has two independent eligibility paths: the entire estate (minus creditor-exempt property) is $150,000 or under, OR the decedent has been dead more than 2 years — in which case there is no dollar cap at all. Estates that miss both conditions need full (formal) administration instead. The $150,000 figure applies only to deaths on or after July 1, 2026; an estate from a death before that date is capped at the prior $75,000 figure. — Fla. Stat. § 735.201

  • The will directs formal administration. If the decedent left a will and that will specifically directs that the estate be formally administered under Chapter 733, Summary Administration is not available even if the estate is well under the dollar cap. — Fla. Stat. § 735.201(1)

  • A non-joining beneficiary wasn't properly served notice. Every beneficiary who doesn't sign and verify the petition themselves must be formally served notice, and the statutory notice period has to run before the court can act. A petition that omits or improperly serves a beneficiary is a common reason a court won't yet issue the order. — Fla. Stat. § 735.203

  • Missing or incomplete petition contents. Florida Probate Rule 5.530 requires specific information in the petition — an itemized list of assets and values (with exempt/homestead property described separately), a statement about known or unrevoked wills, a creditor statement, and a proposed distribution schedule, among other required elements. An incomplete petition is a common reason a court sends it back for correction rather than a substantive denial. — Fla. Prob. R. 5.530(a)-(d)

Once you've confirmed the estate qualifies, the next question is the actual filing sequence — see how to file Summary Administration in Florida, step by step.

Once you know the estate qualifies, this is what trips families up next

Not the eligibility math — presenting the approved filing to an asset holder who's never seen one before. Free one-pager: what to bring and say before you go, emailed now. Then a few short follow-ups over the next few weeks — then we stop.

Email only — we never ask for estate value, family details, or account numbers, and never sell your address.