Steps to Complete Florida Summary Administration Paperwork

If someone you love recently passed away in Florida and left behind a modest estate, you might qualify for a faster, simpler probate process called summary administration. Instead of the months-long wait typical of formal probate, summary administration can wrap things up in weeks but only if you file the paperwork correctly. Getting the forms right the first time saves you time, money, and stress during an already difficult period. Here's how to handle it step by step.

What Is Summary Administration in Florida?

Summary administration is a shortened version of probate available under Florida Statute §735.201. It applies when the total value of the probate estate excluding exempt property like a homestead is $75,000 or less, or when the person has been deceased for more than two years. Unlike formal administration, no personal representative is appointed by the court. The process centers on filing the right documents and getting a court order that distributes the assets directly to the people who inherit them.

This option exists because not every estate needs the full weight of the probate court. Small estates with straightforward assets a bank account, a car, maybe some personal belongings don't justify months of administration costs and delays.

Who Can File for Summary Administration?

Any beneficiary named in the will, or any heir under Florida intestacy law if there's no will, can file the petition. You don't need to be a Florida resident. If you're an out-of-state beneficiary trying to navigate this process, you may want to review our guide on filing requirements for out-of-state beneficiaries to understand additional considerations that may apply to your situation.

What Forms Do You Need to Start?

Gathering the correct forms is the foundation of a smooth filing. Here's what you'll typically need:

Petition for Summary Administration (Form 5.900(a)) This is the main document that asks the court to open a summary administration. It includes details about the deceased, the estate's value, the beneficiaries, and what assets are involved.
Order of Summary Administration (Form 5.900(b)) The judge signs this document to officially transfer assets to the beneficiaries. You prepare it for the court's signature.
Death certificate A certified copy of the Florida death certificate, or one filed with the Florida Bureau of Vital Statistics if the death occurred out of state.
Last will and testament If the person left a will, the original must be filed with the petition. If there's no will, the estate passes under Florida's intestacy statutes.
Oath of Witness form If the will was not self-proving (meaning it lacks the proper attestation clause with notarized witness affidavits), you'll need a witness to sign a sworn statement.
Notice to creditors A notice published in a local newspaper informing potential creditors that the estate is being administered.

For a deeper look at the filing process itself, check out our walkthrough on completing the summary administration paperwork with step-by-step filing instructions.

How Do You Fill Out the Petition for Summary Administration?

The petition is the most important form, so accuracy matters. Here's what each section requires:

Information about the decedent Full legal name, date of death, last known address, and the county where they resided.
Description of the estate List all assets that go through probate, along with their approximate values. This includes bank accounts, vehicles, personal property, and any real estate that isn't protected as a homestead. Be honest about the values; the court relies on these figures to confirm the estate qualifies.
Beneficiary information Full names, addresses, and relationship to the deceased for every person who stands to inherit. If there's a will, list the beneficiaries named in it. If there's no will, list the heirs under Florida law.
Creditor claims Note any known debts of the estate, including funeral expenses. Florida law requires that legitimate debts be paid before assets are distributed.
Request for distribution State clearly how you want the assets divided, consistent with the will or Florida intestacy law.

Where Do You File the Paperwork?

You file in the probate division of the circuit court in the county where the deceased person lived at the time of death. If they lived out of state but owned property in Florida, file in the county where the real property is located. Each Florida county has its own clerk of court, and most now accept electronic filing through the Florida e-filing portal.

Filing fees vary by county but generally fall between $235 and $400. Contact the clerk's office in the relevant county to confirm the exact amount before submitting.

What Happens After You File?

Once the petition is filed, the court reviews the documents. If everything checks out meaning the estate qualifies, the forms are complete, and there are no objections the judge signs the Order of Summary Administration. This order directs whoever holds the assets (banks, DMV, property managers) to release them to the named beneficiaries.

Before the order is entered, you must also publish a Notice to Creditors in a local newspaper. Creditors then have three months from the date of publication to file a claim against the estate. If no claims are filed, the estate distributes whatever remains after expenses.

Common Mistakes That Delay Summary Administration

These errors come up frequently and can slow down your case or cause the court to reject the filing:

Incorrect estate valuation Overestimating or underestimating asset values can disqualify the estate from summary administration or lead to disputes among beneficiaries.
Missing or incomplete forms Submitting a petition without a death certificate, will, or proper beneficiary information forces the court to issue a deficiency notice, adding weeks to the process.
Not addressing creditor claims Florida law protects creditors. If you skip the notice-to-creditors step or distribute assets before the claim period expires, you could be personally liable for unpaid debts.
Filing in the wrong county This seems basic, but it happens. Make sure you're filing where the deceased actually resided, not where a beneficiary lives.
Failing to include exempt property Florida law protects certain property, like a primary residence (homestead) and some personal items, from most creditor claims. These must be identified separately in the petition.

If the estate doesn't qualify for summary administration perhaps the assets exceed $75,000 and the person died less than two years ago you'll need to pursue formal probate instead. Our article on filing inheritance paperwork in Florida probate court covers that process in detail.

Do You Need a Lawyer for Summary Administration?

Florida law doesn't technically require you to hire an attorney for summary administration, but the court strongly recommends it and in some counties, it's practically expected. Judges may reject filings that have legal errors, and fixing those mistakes costs more time and money than getting it right initially.

A Florida probate attorney typically charges a flat fee for summary administration, often between $1,500 and $3,000 depending on the complexity. If the estate is truly simple one bank account, one beneficiary, no debts you might be able to handle it yourself using the court's self-help forms. But if there's real property, multiple beneficiaries, or any hint of a dispute, professional help is worth the cost.

You can also reference the filing requirements for personal representatives for a broader understanding of what the Florida probate court expects, even if summary administration doesn't formally appoint one.

How Long Does Summary Administration Take?

From filing to final order, summary administration typically takes two to four weeks if the paperwork is complete and there are no objections. The three-month creditor notice period runs concurrently, meaning it doesn't usually add extra time if no claims are filed. By comparison, formal administration in Florida takes an average of six to twelve months.

Can You Use a Small Estate Affidavit Instead?

Florida doesn't have a true small estate affidavit the way some states do, but the summary administration process functions similarly. If you're dealing with very limited assets for example, a single bank account under $75,000 summary administration is usually the most efficient route. For more on this topic, see our guide on small estate affidavit instructions under Florida inheritance law.

Quick Checklist: Steps to Complete Florida Summary Administration Estate Paperwork

Use this checklist to keep your filing on track:

Confirm eligibility Estate value is $75,000 or less (excluding homestead), or the person died more than two years ago.
Collect documents Death certificate, original will (if one exists), and an inventory of all probate assets with approximate values.
Download court forms Get the Petition for Summary Administration (5.900(a)) and Order of Summary Administration (5.900(b)) from the Florida courts website or the local clerk's office.
Complete the petition Fill in decedent details, asset inventory, beneficiary names, known debts, and requested distribution.
Prepare the order Draft the Order of Summary Administration for the judge's signature, matching the petition's details.
File with the correct county clerk Submit the petition, order, death certificate, and will together, along with the filing fee.
Publish the Notice to Creditors Arrange publication in a newspaper authorized to print legal notices in the relevant county.
Wait for the court's response If approved, the signed Order of Summary Administration becomes your authority to collect and distribute the estate's assets.
Distribute assets Present the court order to banks, the DMV, or other institutions holding the deceased's property.
Keep records Retain copies of everything you filed, the court order, and proof of distribution for your own records.

Tip: Call the probate clerk's office in your county before you file. Some counties have local requirements cover sheets, additional copies, specific formatting that aren't listed on the standard forms. A five-minute phone call can save you a rejected filing and a wasted trip to the courthouse.