FAQs

Summary Administration is a simplified, faster form of probate for smaller estates or older deaths. It avoids appointing a personal representative, requires less court oversight, and allows quicker asset distribution compared to formal administration.

An estate qualifies if: (1) the value of non-exempt probate assets in Florida is $75,000 or less (increasing to $150,000 on July 1, 2026), or (2) the decedent has been deceased for more than two years, regardless of estate value. Exempt assets like homestead property are generally not counted toward the limit.

It is significantly faster than formal probate and can often be completed in a few weeks to a couple of months, depending on the court docket and whether all beneficiaries agree and creditors are resolved.

No. The summary probate rules and applicable statutes allow an individual to file without a lawyer. That’s where DIYFlaprobate.com comes in. Based on the information you provide, we prepare all the forms and pleadings required, and you file them yourself. There are no hearings required absent special circumstances, and the entire process is generally completed within a couple of weeks. DIYFlaprobate.com will walk you through the entire process from start to finish.

Key items include a certified death certificate, a verified Petition for Summary Administration (detailing assets, beneficiaries, and eligibility), proposed distribution schedule, and often joinders/consents from beneficiaries, and an Affidavit of Heirs. Additional notices or creditor information may be required.

Creditors must generally be addressed. If debts are paid or claims are barred (especially after 2 years), the process proceeds smoothly. Recipients of assets may remain personally liable for certain claims up to two years after death in some cases.

Yes, but a protected homestead is typically exempt from creditor claims and does not count toward the value threshold. A separate petition to determine homestead status may be needed alongside or before the summary administration. DIYFlaprobate.com offers the Petition to Determine Homestead Status as part of its services. If the homestead property is the only asset needing probate, no summary probate petition is required.

Any beneficiary or the person nominated as personal representative in the decedent’s will (if any) can file. All beneficiaries should ideally join or consent to the petition.

Summary Administration is streamlined with no personal representative, lower costs, and faster timelines for qualifying small or old estates. Formal Administration involves more oversight, creditor notices, and is required for larger/complex estates.

Yes. It applies to Florida real or personal property owned by nonresidents, as long as the Florida-specific value threshold or two-year rule is met.

DIYFlaprobate.com charges a one-time flat fee of $950 for all the forms and pleadings required to complete the summary probate process. Every probate matter will also require a filing fee to be paid when the pleadings are filed. This fee can vary depending on the county, but is generally in the $300-$400 range. Compared to the typical law firm charge of $2500 (plus the filing fees) or more, you can save thousands.

Summary Administration is limited to estates with a value of $75,000 or less (increasing to $150,000 on July 1, 2026), excluding the value of any homestead real property. If your estate is valued at more than that, you will, in all likelihood, need a formal probate administration, which will require the hiring of a lawyer. DIYFlaprobate.com only handles summary probate proceedings, but can assist you in finding a lawyer in your area that handles probate matters.

Generally, NO, but every rule has its exceptions. Florida generally follows the survivorship rule for jointly owned assets. For example, if a bank account was titled in the name of the decedent and another person, the other person is the survivor and owns the account without any need for probate. The same rule also applies to real estate jointly owned by a husband and wife, but may not apply to real estate held by two or more people that are not husband and wife. As part of the initial review, DIYFlaprobate.com will review any deeds or determine whether the real property needs to be included in the summary probate petition.

Probably THE most misunderstood question in the world of probate! Short answer: YES. A valid Will is only a writing that tells us who gets what. It does not transfer anything from the decedent to the beneficiary. That transfer only happens with probate.

A couple of caveats, though. First, assets that are solely in the name of the decedent at the time of their death are usually the only assets that must be probated. If an asset is jointly titled (like a car) or has a beneficiary named (like a bank account), Florida law transfers that asset to the co-owner or beneficiary without having to go through probate. Second, one of the purposes of probate is to make sure that a Will is properly signed and witnessed and is a valid Will under Florida law.

The probate court will want to make sure what is called a will is valid before anyone starts transferring assets to the beneficiary listed in the will. Finally, and it really makes sense, if there are no assets in the decedent’s name alone, then there is no need to probate anything. We don’t probate debts unless there are potential assets to pay them. And co-owners and beneficiaries of bank accounts and the like are NOT liable for the debts owed by the decedent.

Why does it matter first? Exempt property is important for two reasons. First, it is not counted towards the $75,000 cap in the Florida summary administration proceedings. Whatever value is assigned to an exempt asset does not count against the cap. This makes many estates qualify for summary administration that would not qualify otherwise. Secondly, exempt property is not subject to creditors’ claims! The exempt asset transfers to the beneficiary without consideration of the debts owed by the estate and cannot be forced to be sold to satisfy a debt.

Exempt property includes the decedent’s HOMESTEAD property and the personal property listed under Section 732.402, Florida Statutes. The most common exempt property under the statute includes household furniture, furnishings, and appliances in the decedent’s home up to a value of $20,000 and two motor vehicles.

For Florida Homestead Property, a Petition to Determine Homestead Status of Real Property is filed
contemporaneously with the Petition for Summary Administration. The Petition to Determine Homestead may be accompanied by a property tax bill and an affidavit by a disinherited person stating under oath that the deceased person resided in the property and it was their homestead.

Once the court makes a determination that the property is the deceased person’s Homestead Property, the Probate Court will enter an Order Determining Homestead Status of Real Property, and the property will pass to the beneficiaries free of any creditor claims.