Florida Summary Administration: The Shortcut Through Probate (Updated for the New $150,000 Limit)
Florida raised the summary administration threshold to $150,000 on July 1, 2026. Here's who qualifies, how it works, and how to sell an inherited house.
If you’re settling a Florida estate that includes a house, summary administration is probably what you’re hoping qualifies. It’s the fast, cheap version of probate - weeks instead of a year, and no personal representative to appoint.
Important 2026 update: Florida just doubled the dollar threshold. Most articles online still quote the old number.
What changed on July 1, 2026
CS/HB 1337 (Chapter 2026-57), signed April 29, 2026, amended Fla. Stat. §735.201 to raise the summary administration ceiling from $75,000 to $150,000.
The new limit applies to deaths on or after July 1, 2026. If the person died before that date, the old $75,000 limit still governs.
The two-year rule is unchanged - see below.
This matters a lot. Estates that would have required full formal administration under the old limit - a process that runs 8 to 12 months and costs several times more - may now qualify for a proceeding that finishes in a few weeks.
Who qualifies for summary administration
You qualify if either of these is true:
1. The estate is small enough. The value of the estate subject to administration, less exempt property, doesn’t exceed:
- $150,000 for deaths on or after July 1, 2026
- $75,000 for deaths before July 1, 2026
2. The person died more than two years ago. If more than two years have passed since the date of death, summary administration is available regardless of the estate’s value. After two years, all claims against a Florida estate are barred under Fla. Stat. §733.710 - which is why the value cap stops mattering.
That second path is genuinely useful and widely overlooked. If a parent died three years ago and the house has been sitting in limbo, you may be able to clear title through summary administration no matter what it’s worth.
You do not qualify if the will expressly directs formal administration.
The exempt property piece - this is where the house comes in
The threshold counts only assets “subject to administration,” less exempt property. Several categories don’t count toward the limit:
- Protected homestead. If the property was the decedent’s homestead and passes to a surviving spouse or heirs, it’s generally exempt and doesn’t count toward the cap. This is the big one - a $450,000 homestead may not disqualify the estate at all.
- Household furniture, furnishings, and appliances up to a statutory value
- Two motor vehicles under the statutory conditions
- Qualified tuition program funds
- Certain death benefits for teachers and school administrators
A house that isn’t homestead - a rental, a vacation home, a property the decedent didn’t live in - is generally not exempt and does count toward the threshold. That’s the distinction that decides which path you’re on, and it’s worth getting an attorney’s read on.
Summary vs. formal administration
| Summary administration | Formal administration | |
|---|---|---|
| Typical timeline | 3–8 weeks | 8–12 months |
| Personal representative appointed | No | Yes |
| Court order | Distributes assets directly | Letters of administration issued first |
| 3-month creditor period | Not required in the same way | Required after publication |
| Typical attorney fees | Lower - often a flat fee | Higher, often percentage-based |
| Qualifies | Under threshold, or 2+ years since death | Everything else |
How the process works
- File a Petition for Summary Administration in the circuit court of the county where the decedent lived. All beneficiaries must join in the petition or be formally served.
- File the will (if there is one) within 10 days of learning of the death, per Fla. Stat. §732.901.
- Handle creditors. You must make a reasonably diligent search for creditors and either pay them, provide for payment, or show they’re barred. If death was more than two years ago, claims are already barred under §733.710.
- The court enters an Order of Summary Administration identifying the assets and directing who receives what.
- Record the order in the county’s official records. For real estate, that recorded order is what moves title to the heirs.
The whole thing commonly takes three to eight weeks in an uncontested case.
Selling an inherited house: the sequence that matters
This trips people up constantly.
You generally cannot sell the house before the court order. Until the order is entered and recorded, title still sits in the deceased person’s name. A title company won’t insure the sale and a buyer’s lender won’t fund it.
A quit claim deed signed by the heirs does not fix this. You can’t convey what isn’t yet legally yours. See Florida quit claim deeds.
The workable sequence:
- File the petition
- Get the Order of Summary Administration
- Record it
- Now the heirs hold title and can sell
You can line up a buyer and get under contract while the petition is pending - many cash buyers will sign a contract with a closing date contingent on the order. That’s normal, and it compresses the total timeline. Just be clear with any buyer about where you are in the process.
What it costs
- Filing fee: roughly $235–$400 depending on the county
- Attorney fees: commonly $1,500–$3,500 flat for an uncontested summary administration
- Publication (if required): $100–$200
- Certified copies and recording: $50–$150
Compare that to formal administration, where attorney fees are often calculated as a percentage of the estate and routinely run $6,000 and up.
Do you need a lawyer? If any beneficiary other than you is involved, Florida practice effectively requires one, and most circuit courts expect counsel on probate petitions. For a few thousand dollars on a matter involving a house, hire the attorney.
While you wait: the house still costs money
The estate keeps paying:
- Property taxes - still due; delinquency leads to tax certificates
- Homeowners insurance - critical. Many policies limit or void coverage on vacant property, often after 30–60 days. Call the carrier and get a vacancy endorsement or a vacant-property policy. An uninsured loss on an estate house is a disaster.
- The mortgage, if there is one. It doesn’t pause because someone died. Missed payments start the foreclosure clock - see lis pendens in Florida.
- HOA dues, utilities, lawn care, and basic upkeep
Under the federal Garn-St Germain Act, a lender generally can’t call the loan due when property passes to a relative on death. But payments still have to be made.
Frequently asked questions
What is the summary administration limit in Florida? $150,000 for deaths on or after July 1, 2026. $75,000 for deaths before that date. There’s no dollar limit at all if the person died more than two years ago.
How long does summary administration take in Florida? Typically three to eight weeks uncontested, versus 8–12 months for formal administration.
Does the homestead count toward the threshold? Generally no. Protected homestead is exempt property and is excluded from the calculation. A non-homestead property - a rental or second home - does count.
Can I sell the house during summary administration? You can go under contract, but you generally can’t close until the Order of Summary Administration is entered and recorded. Many cash buyers will hold a contract while you complete it.
Do I need a lawyer for summary administration in Florida? Practically, yes, if there’s more than one beneficiary or real estate involved. Costs are modest relative to the stakes.
What if the person died more than two years ago? You qualify for summary administration regardless of estate value, and creditor claims are barred under Fla. Stat. §733.710.
What if there’s no will? Summary administration still works. Florida’s intestacy statutes determine who inherits.
What if the heirs disagree? All beneficiaries must join the petition or be served. A contested matter usually has to proceed as formal administration. If siblings can’t agree on whether to sell, a partition action may eventually be needed - talk to a probate attorney early.
General information about Florida probate law, not legal advice. The $150,000 threshold took effect July 1, 2026 under CS/HB 1337 (Ch. 2026-57) and applies to deaths on or after that date. Probate is fact-specific - consult a Florida probate attorney.
*Beach Bums Real Estate buys inherited houses for cash in Orlando and Central Florida. We’re used to working around probate timelines and can hold a contract while your order is pending. Call (689) 249-4888
- and if listing the house would net the heirs more, we’ll say so.*
Weighing your options?
We buy houses for cash across Florida - but if listing your house would net you more, we’ll tell you that instead. No pressure, no obligation, no follow-up spam.