Florida Small Estate: Limit & How-To

Quick answer: a beneficiary or the will's named personal representative files a petition with the circuit court; if non-exempt assets are $150,000 or less, or the decedent has been dead more than 2 years, the court issues an Order of Distribution instead of appointing anyone. Check whether an estate qualifies with the Florida small estate checker.

Step by step

Confirm eligibility: non-exempt assets at or under $150,000, or more than 2 years since death.
Gather the will, if one exists, and confirm it doesn't direct formal administration.
File the Petition for Summary Administration with the circuit court in the decedent's county.
Address creditors known or reasonably ascertainable to the estate.
Attend any required hearing and obtain the Order of Distribution.
Present the order to banks, title companies, and other asset holders directly.

No personal representative, just the order itself

Worth knowing: summary administration produces an Order of Distribution rather than Letters of Administration — because there's no personal representative to appoint and no formal estate to wind down, the recipients named directly in the order handle collection and transfer themselves.

Fast, when nobody objects

Because there's no personal representative or formal estate to wind down, summary administration is often completed in a few weeks to a couple of months once the petition is filed — assuming it's unopposed and creditors have been properly addressed. Formal administration, by contrast, typically takes six months to over a year.

Creditors are still part of the picture

Known or reasonably ascertainable creditors must still be addressed even in this simplified process, and they can object to the petition — a contested filing takes meaningfully longer than an unopposed one.

Facing probate in Florida?

A local probate attorney can review your estate — many offer a free consultation.

Talk to a Florida attorney

The $150,000 threshold and the 2-year rule apply the same way in Miami-Dade, Broward, Orange, and every other Florida county — only which circuit court hears the petition differs.

Limit & how-to — frequently asked questions

Who can file a petition for summary administration in Florida?

Any beneficiary of the estate, or the person named as personal representative in the decedent's will, can file the petition — a surviving spouse or adult child most commonly does so.

What does the Order of Distribution actually do?

It directs how the estate's assets are to be distributed and names the specific recipients entitled to each asset — those named recipients then present the order directly to banks, title companies, or other asset holders themselves.

How long does summary administration typically take once filed?

Often a few weeks to a couple of months, assuming the petition is unopposed and creditor notice requirements have been properly addressed — much faster than the 6 to 12 months formal administration typically takes.

Do creditors still get a say in a summary administration?

Yes — known or reasonably ascertainable creditors must still be addressed, and creditors can object to the petition, which is part of why an unopposed filing moves so much faster than a contested one.

This page provides general guidance only and is not legal advice. Based on Florida Statutes §735.201, as amended by Chapter 2026-57, Laws of Florida. Confirm current requirements with the county circuit court or a licensed Florida attorney before acting.