Florida summary administration limit rises to $150,000

Updated Oct 10, 2026

Short answer

Florida summary administration is a shorter probate path. On July 1, 2026, the dollar cap rose from $75,000 to $150,000. Count Florida property that must be administered, then subtract property exempt from creditor claims. If the result does not exceed $150,000, the estate can qualify. It can also qualify at any value if the person has been dead for more than 2 years. This is general information, not legal advice.

The change in the law

Florida Statutes section 735.201 is the rule. Chapter 2026-57, Laws of Florida, section 7, changed one number in that section. The old text said the value must not exceed $75,000. The new text says it must not exceed $150,000. The rest of the sentence stayed, including the 2-year alternative. The statute history on section 735.201 cites section 7 of chapter 2026-57.

Section 14 of that chapter says the act takes effect July 1, 2026. The Governor approved it on April 29, 2026.

The only change in the dollar test is that cap. A result over $75,000 and not over $150,000 failed the old test. The same result meets the new one. A result over $150,000 still fails the dollar test. The 2-year rule is the other way in.

The probate cost in Florida page states the new cap. This guide adds who can file, what to subtract, and how the 2-year rule works.

Who qualifies

Section 735.201 says summary administration may be used for a resident or a nonresident. Two things must appear:

If there is a will, it does not direct administration as required by chapter 733. If there is no will, that sentence does not apply.
Either the dollar test is met, or the person has been dead for more than 2 years.

Those two tests are alternatives. The statute joins them with "or".

This path is optional. Section 735.202 says the estate may go through ordinary administration, or through the summary rules.

Section 735.203 says who files. A beneficiary may file. So may the person nominated as personal representative in the will offered for probate. The surviving spouse, if any, and the beneficiaries sign and verify the petition. A beneficiary who will get a full share under the proposed distribution does not have to join. That person must get formal notice. If a signer has died, is a minor, or is incapacitated, or has given away all interest in the property, section 735.203 names who signs instead: a personal representative, guardian, or the new owner.

Before the order, section 735.206 requires a diligent search for known or reasonably ascertainable creditors. The petitioner must serve those creditors and make provision for payment to the extent assets are available. People who receive property are personally liable for a pro rata share of lawful claims, but only up to the value they actually received. Property exempt from creditor claims is left out of that value.

Section 735.2055 says the petition may be filed at any stage, if the estate would qualify at the time of filing. The new cap takes effect July 1, 2026. The statutes do not add a sentence on whether $150,000 follows the date of death or the filing date. Ask a lawyer before you rely on a death from before that date.

The 2-year rule

Two rules use 2 years. They do different jobs.

The qualification rule is section 735.201(2). If the person has been dead for more than 2 years, summary administration may be used even when the estate is over $150,000. If there is a will, it still must not direct administration under chapter 733.

The claim rule is section 735.206(4)(f). After 2 years from the death, the estate and the people who received property are not liable for a claim against the person who died, unless a proceeding to enforce that claim was already started. That sentence limits claims. It does not set the dollar cap.

What counts toward $150,000

Start with the value of the entire estate subject to administration in Florida. Subtract property exempt from the claims of creditors. If that result does not exceed $150,000, the dollar test in section 735.201(2) is met.

Section 732.402 lists exempt property when the person lived in Florida at death. It goes to the surviving spouse, or to the children if there is no spouse. The list includes household furniture, furnishings, and appliances in the usual home up to a net value of $20,000, and two personal motor vehicles that meet the weight and use rules in that section (not over 15,000 pounds each). It also includes certain tuition-program benefits and benefits under section 112.1915. This share is in addition to protected homestead. A filing deadline in that section can waive the right. A perfected security interest is not wiped out.

Protected homestead is separate. Article X, section 4 of the Florida Constitution exempts a qualifying homestead from forced sale, with exceptions for taxes and assessments, purchase or repair debt, and labor on the land. The same section exempts $1,000 of personal property. Those conditions still apply. A house comes out only if it meets those conditions. A car comes out only if it meets the 732.402 rules.

Fla. Stat. 735.304 is an affidavit path for a person who died without a will and left only personal property. Nonexempt personal property can be up to $20,000, plus preferred funeral expenses and the reasonable and necessary medical and hospital expenses of the last 60 days of the last illness. The person must have been dead for more than 1 year, and an heir asks by affidavit. Section 10 of chapter 2026-57 raised that cap from $10,000. Section 735.301 is a different path, with no dollar cap: exempt personal property plus nonexempt personal property within preferred funeral costs and those same medical costs. See probate cost in Florida.

Clerk fee

Section 28.2401 sets the clerk fee. The amounts are maximums ("not to exceed"), so a clerk may charge less. A $4 service charge is added on a summary or formal petition. No other fee may be added except as general law allows.

Filing	Maximum fee	Added charge
Summary administration, estate of $1,000 or more	$340	$4
Summary administration, estate under $1,000	$230	$4
Formal administration	$395	$4

This site's Florida record stores the formal fee as $399, which is the $395 maximum plus the $4 charge. The same record notes the summary fee as $340 plus $4 for an estate of $1,000 or more. The Florida probate cost page and the probate cost calculator use that formal fee, not the summary clerk fee.

What to check before you file

Confirm the will does not require administration under chapter 733.
Subtract exempt property, then compare the result with $150,000. If it is over the cap, check whether the death was more than 2 years ago.
Search for known creditors and plan for payment to the extent assets are available.
Ask a lawyer how the July 1, 2026 date applies if the death was earlier.
Read the fee table on the Florida probate cost page if you are comparing this path with formal administration.

Sources

General information from official sources, not legal or tax advice.