Florida Small Estate Affidavit and Summary Administration

Florida offers two paths to settle an estate without formal probate: disposition without administration (the small estate affidavit) and summary administration. The July 2026 reforms under CS/SB 1500 doubled the thresholds for both, making these shortcuts available to far more families.

Disposition Without Administration: The Smallest Estates

Florida Statute 735.301 allows you to skip probate entirely for very small estates that contain no real property.

You qualify if:

• The estate contains no real estate
• The total value of non-exempt personal property does not exceed funeral expenses (capped at $6,000) plus reasonable medical/hospital expenses from the last 60 days of the final illness (capped at $5,000)
• The 2026 reform increased the combined threshold to $20,000 in exempt personal property

How it works: You file a short petition with the circuit court, present a death certificate, and obtain a court order authorizing the release of specific assets (typically bank accounts) to the petitioner.

Filing fee: $232.

No personal representative is appointed. No creditor notice is published. No attorney is required. The entire process can conclude in a single court visit.

The limitation: This only works for personal property. If the decedent owned any real estate — even a vacant lot — you must use summary or formal administration instead.

Summary Administration: The Middle Path

Summary administration is Florida's expedited probate track. It replaces the 6-to-12-month formal administration process with a 4-to-8-week procedure that does not require a personal representative or a creditor notice period.

You qualify if:

• The total value of non-exempt probate assets is $150,000 or less (doubled from $75,000 by the 2026 reform), OR
• The decedent has been dead for more than two years (regardless of asset value)

Critical: exempt assets are excluded from the $150,000 calculation. Under Florida law, exempt assets include:

• The primary homestead
• Up to two passenger vehicles
• Up to $20,000 in household furnishings and appliances

A family whose parent owned a $350,000 home, one car, and $120,000 in bank accounts qualifies for summary administration — because only the $120,000 in bank accounts counts toward the threshold. The home and car are exempt.

Filing fee: $346 for estates over $1,000; $236 for estates under $1,000.

How it works:

1. File a Petition for Summary Administration with the circuit court
2. Include joinders or waivers from all beneficiaries
3. The court reviews the petition and enters an order directly transferring assets to beneficiaries
4. No personal representative is appointed
5. No creditor notice is published (but known creditors should still be addressed)
6. No inventory or accounting is required

Attorney representation is not required for summary administration, though county clerks strongly recommend it for estates involving real property. The homestead determination alone can create title insurance complications if handled incorrectly.

Which Track Fits Your Situation?

What the 2026 Reform Changed

Florida CS/SB 1500 (HB 1337), effective July 1, 2026, made these specific changes:

• Summary administration threshold: $75,000 → $150,000
• Disposition without administration: $10,000 → $20,000
• IRS refund claims without probate: $2,500 → $5,000
• Direct bank releases: Financial institutions may release up to $2,000 to a family member upon presentation of a death certificate and signed affidavit
• Attorney fee transparency: Attorneys must disclose that probate fees are negotiable and provide itemized billing

These changes mean the majority of middle-class Florida estates — where the primary asset is a homestead-exempt home — can now use summary administration instead of formal probate.

The Homestead Wrinkle

Summary administration handles the transfer of most assets cleanly. But homestead property requires a separate judicial determination under Florida Statute 732.401 to confirm homestead status and establish who inherits.

If the home's homestead status is disputed — or if the decedent was survived by both a spouse and minor children — the court must resolve the constitutional descent rules before the property can be transferred. This can complicate what would otherwise be a straightforward summary proceeding.

The Florida Basic Estate Planning Kit includes a probate avoidance matrix that helps you determine which track applies to your family's estate — and what to prepare before filing.

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