The Estate Desk

Last verified 2026-10-24; facts checked against the primary sources below

Florida summary administration limit in 2026: $150,000

Last verified: October 24, 2026

The short answer: Florida's summary administration, its shorter court process for small estates, is available when the estate subject to administration in Florida, less property exempt from creditors' claims, is worth $150,000 or less, or when the person has been dead for more than 2 years (Fla. Stat. § 735.201). The limit was $75,000 until a 2026 law raised it, effective July 1, 2026 (Laws of Florida ch. 2026-57). It is still a court case: a judge signs the order that releases the property.

The limit and the date it changed

Item Rule Source
Limit from July 1, 2026 $150,000, less property exempt from creditors' claims Fla. Stat. § 735.201(2); ch. 2026-57, §§ 7 and 14
Limit before July 1, 2026 $75,000 ch. 2026-57, § 7
No limit When the person has been dead for more than 2 years § 735.201(2)
With a will Allowed only if the will does not direct formal administration under chapter 733 § 735.201(1)
Who it covers Florida residents and nonresidents with property in Florida § 735.201

The 2026 law says only that it "shall take effect July 1, 2026." It does not say whether the new limit depends on the date of death or the date the petition is filed (ch. 2026-57, § 14). Published summaries disagree on this point. If the death was before July 1, 2026 and the estate is between $75,000 and $150,000, ask a Florida probate lawyer which limit the court will apply.

What counts toward the $150,000

The statute counts "the entire estate subject to administration in this state, less the value of property exempt from the claims of creditors" (§ 735.201(2)). Assets that pass outside the estate, such as a joint account with a survivor or an account with a payable-on-death beneficiary, are generally not part of the estate subject to administration; see can a bank freeze an account after death for how account ownership decides this. Which property is exempt in a given estate is a question for a Florida probate lawyer.

How summary administration works

Step What the law requires Source
Who files Any beneficiary, or the person named as personal representative in the will § 735.203(1)
Who signs The surviving spouse, if any, and the beneficiaries; a beneficiary who gets a full share under the proposed distribution need not join, but must get formal notice § 735.203(1)
The will Proved and admitted to probate when the petition is filed § 735.206(1)
Creditors Before the order, the petitioner must search diligently for known or reasonably findable creditors, serve them a copy of the petition, and provide for paying them as far as assets allow § 735.206(2)
The order The court may order immediate distribution to the people entitled to the assets; banks and others holding property may pay on the order § 735.206(3), (4)(b)
Optional notice to creditors Publishing a notice bars unknown creditors who do not file within 3 months of first publication § 735.2063

What the people who receive the property still owe

Rule Source
Each recipient is personally liable for a share of lawful claims against the estate, up to the value they received, not counting exempt property § 735.206(4)(e)
A known creditor who got no notice and no provision for payment can still enforce the claim, and recover attorney's fees from those who joined the petition § 735.206(4)(d)
After 2 years from the death, no claim can be enforced unless proceedings were already started § 735.206(4)(f)
An heir left out of the order can sue those who obtained it, and recover attorney's fees § 735.206(4)(g)

Smaller Florida options that skip court

The same 2026 law raised two smaller limits (ch. 2026-57, §§ 9 and 10):

Option Limit Main conditions Source
Bank pays a family member with no court case $2,000 total in the person's sole-name accounts with no payable-on-death designation Not earlier than 6 months after the death; death certificate and sworn affidavit; spouse first, then adult child, adult descendant, parent Fla. Stat. § 735.303
Disposition without administration Nonexempt personal property up to $20,000, plus preferred funeral expenses and medical expenses of the last 60 days No will, only personal property, dead more than 1 year, no administration pending Fla. Stat. § 735.304

If the person lived in another state, the rules are different. See the Texas small estate affidavit guide or the California small estate affidavit guide.

This is general information about Florida law, not legal advice. A Florida probate lawyer can tell you whether summary administration fits your estate.

The Estate Desk helps families settle estates. theestatedesk.com

Primary sources