Last updated September 2, 2026
Do I Qualify for Summary Administration in Florida?
Short answer: You qualify if the probate estate, after subtracting property exempt from creditor claims, is worth $150,000 or less, or if the decedent has been dead for more than two years — in which case the value of the estate does not matter. The $150,000 limit took effect on 1 July 2026 under chapter 2026-57, Laws of Florida, doubling the old $75,000 figure.
Informational purposes only. This is not legal advice and no attorney-client relationship is created by reading it. PBP Real Estate, LLC is a licensed Florida real estate brokerage (License CQ1064615), not a law firm. Speak to a Florida probate attorney about your estate, and to a CPA about anything involving money or tax.
Two doors, and you only need one
Section 735.201 of the Florida Statutes opens summary administration by either of two independent routes. Most families only ever hear about the first one.
| Route | Test | Value matters? |
|---|---|---|
| Small estate | Probate estate, less property exempt from creditor claims, is $150,000 or less | Yes |
| Two years elapsed | The decedent has been dead for more than two years | No — any value qualifies |
The second route matters more than people expect in South Florida, where a house sits unsold for years while heirs in different states decide what to do. An estate worth well over a million dollars can travel the summary route purely because more than two years have passed. If a family has been putting off a decision, the passage of time has quietly made the process shorter, not longer.
The threshold changed in 2026 — most sources still have it wrong
The limit was doubled from $75,000 to $150,000 by CS/HB 1337, signed on 29 April 2026 and enacted as chapter 2026-57, Laws of Florida, effective 1 July 2026. Any article, calculator or AI answer still quoting $75,000 is describing repealed law. Estates that would have been pushed into a nine-to-eighteen-month formal administration a year ago may now finish in one to three months.
What comes off the top before you test the number
The $150,000 test applies to the probate estate after subtracting property exempt from creditor claims. Under section 732.402 that includes household furniture, furnishings and appliances in the decedent's usual home up to a net value of $20,000, two motor vehicles, certain qualified tuition programs, and certain teacher and school-administrator death benefits. Constitutionally protected homestead is generally outside the probate estate for this purpose as well.
This is why the arithmetic surprises people. In Palm Beach County the house is usually the largest number on the page, and if it passes as protected homestead, an estate that looks like a seven-figure problem can turn out to be a small estate on paper. Whether a particular property is protected homestead is a legal question with real consequences, and it is one for the estate's attorney rather than for a broker's opinion of value.
The part that affects selling the house: nobody is in charge
No personal representative is appointed in a summary administration. That is the trade for the speed, and it is the detail that causes the most trouble on the real estate side. Without a personal representative there is no one holding court authority to sign a listing agreement, accept a contract, sign a deed, negotiate with a lender or deal with an asset that surfaces later.
Instead, the court enters an order of summary administration that designates each asset and the person entitled to receive it. From that point those people are the owners and they sign as owners. A title company will ask for a certified copy of the order. Practically, that means:
- Nothing can be signed on behalf of the estate before the order is entered.
- Once it is entered, every designated recipient of the property signs — not one representative on everyone's behalf.
- If the recipients are scattered across states, signature logistics, not the court, become the critical path.
We work backwards from that reality. Pricing, photography, an opinion of value and pre-marketing preparation can all be done while the petition is pending, so that the property is ready to go to market in the days after the order is entered rather than the weeks after.
When formal administration is the better choice anyway
Qualifying is not the same as choosing. Formal administration is frequently the safer route, even for an estate that clears the test, when any of the following is true:
- There is a mortgage, lien or short-payoff to negotiate, which needs someone with authority to negotiate it.
- An asset may still surface — an old account, a policy, a second property.
- Heirs disagree, or one of them may not sign. The summary petition must be signed and verified by the surviving spouse, if any, and by the beneficiaries.
- A creditor claim is disputed and someone needs standing to resolve it.
There is also a creditor dimension. Under section 735.206 the recipients of a summary distribution are not simply free and clear on day one; after two years from the date of death, neither the estate nor those to whom assets were assigned remain liable for a claim against the decedent unless enforcement proceedings have been taken. Which route protects a particular family is a legal judgement, and it belongs to their attorney.
Where we fit
We are not lawyers and we do not file petitions. What we do is the property: a written opinion of value prepared by hand from current BeachesMLS sales, including date-of-death valuations when the estate needs one for filings, preparation and marketing timed to the court's calendar, and a sale run so that the closing is not the thing holding the estate open. If a family does not yet have a probate attorney, we can refer several who handle Palm Beach and Broward estates regularly.
Summary Administration Questions and Answers
Do I qualify for summary administration in Florida?
You qualify if the probate estate, after subtracting property exempt from creditor claims, is worth $150,000 or less, or if the decedent has been dead for more than two years. In the two-year case the value of the estate does not matter at all. The $150,000 figure took effect on 1 July 2026 under chapter 2026-57, Laws of Florida, which doubled the previous $75,000 limit.
What property is exempt when testing the $150,000 limit?
Exempt property under section 732.402 includes household furniture, furnishings and appliances in the decedent's usual home up to a net value of $20,000, two motor vehicles, certain qualified tuition programs and certain teacher and school-administrator death benefits. Constitutionally protected homestead is also generally outside the probate estate for this test. Because the homestead is often the largest asset, estates that look far too big at first glance frequently do qualify.
Who signs the listing agreement and the deed in a summary administration?
The people the court names in the order of summary administration, acting as the new owners. This is the single most important practical difference from formal administration: no personal representative is appointed in a summary administration, so there is no one holding court authority to sign a listing agreement, a contract or a deed on behalf of the estate. Nothing can be signed for the estate until that order is entered.
Can I sell the house before the order of summary administration is entered?
In practice, no. Until the court enters the order there is no personal representative and no confirmed owner, so there is nobody who can convey title. Once the order is entered it designates each asset and who receives it, and the recipients can sell as owners. A title company will want a certified copy of that order.
Is summary administration always the better choice if I qualify?
No. Because no personal representative is appointed, nobody has standing to deal with a forgotten asset, sue on behalf of the estate, negotiate with a lender or resolve a disputed claim. Where there is a mortgage to negotiate, an asset that may surface later, or heirs who disagree, formal administration is often the safer route even when the estate qualifies for the shorter one. That is a decision for the estate's attorney, not for us.
How long does summary administration take in Palm Beach County?
Commonly one to three months from filing to order, against nine to eighteen months for a formal administration. The petition must be signed and verified by the surviving spouse, if any, and by the beneficiaries, so the practical delay is usually gathering signatures from family members in different states rather than the court's own calendar.
Related
- Probate real estate in South Florida — the full guide for executors and personal representatives
- How long probate takes in Palm Beach County
- The Florida probate process, stage by stage
- For probate and estate attorneys
See what your home is worth
No instant estimate can read a renovation, a view or a lot line. Tell us about the property and Gia Freer, our Broker of Record, prepares a written opinion of value by hand from current BeachesMLS sales - usually the same day, with the sales attached. See what your home is worth.
Questions and answers
Do I qualify for summary administration in Florida?
You qualify if the probate estate, after subtracting property exempt from creditor claims, is worth $150,000 or less, or if the decedent has been dead for more than two years. In the two-year case the value of the estate does not matter at all. The $150,000 figure took effect on 1 July 2026 under chapter 2026-57, Laws of Florida, which doubled the previous $75,000 limit.
What property is exempt when testing the $150,000 limit?
Exempt property under section 732.402 includes household furniture, furnishings and appliances in the decedent's usual home up to a net value of $20,000, two motor vehicles, certain qualified tuition programs and certain teacher and school-administrator death benefits. Constitutionally protected homestead is also generally outside the probate estate for this test. Because the homestead is often the largest asset, estates that look far too big at first glance frequently do qualify.
Who signs the listing agreement and the deed in a summary administration?
The people the court names in the order of summary administration, acting as the new owners. This is the single most important practical difference from formal administration: no personal representative is appointed in a summary administration, so there is no one holding court authority to sign a listing agreement, a contract or a deed on behalf of the estate. Nothing can be signed for the estate until that order is entered.
Can I sell the house before the order of summary administration is entered?
In practice, no. Until the court enters the order there is no personal representative and no confirmed owner, so there is nobody who can convey title. Once the order is entered it designates each asset and who receives it, and the recipients can sell as owners. A title company will want a certified copy of that order.
Is summary administration always the better choice if I qualify?
No. Because no personal representative is appointed, nobody has standing to deal with a forgotten asset, sue on behalf of the estate, negotiate with a lender or resolve a disputed claim. Where there is a mortgage to negotiate, an asset that may surface later, or heirs who disagree, formal administration is often the safer route even when the estate qualifies for the shorter one. That is a decision for the estate's attorney, not for us.
How long does summary administration take in Palm Beach County?
Commonly one to three months from filing to order, against nine to eighteen months for a formal administration. The petition must be signed and verified by the surviving spouse, if any, and by the beneficiaries, so the practical delay is usually gathering signatures from family members in different states rather than the court's own calendar.
Families we have helped through an estate sale
PBP Real Estate holds 94 Google reviews at an average of 5.0 out of 5. Every quote below is a verbatim excerpt from a public review on that profile, shortened only where marked.
Gia and John from PBP Real Estate exceeded expectations in selling my mother's Delray Beach condo, which had previously failed to sell with another firm. Despite being in New York, I experienced excellent communication and responsiveness via phone, text, and email, making the remote process, including the closing, stress-free.
★★★★★ Robert S. · Google review, December 2024
I needed to sell my mothers home from out of state and Gia made the whole process very easy. She helped me getting the right people to get the house emptied and cleaned.
★★★★★ Roger D. · Google review, December 2024
We live in Ohio and had to sell a home in South Florida that needed a lot of work. She is extremely knowledgable and very helpful when it came to what should be done and what could be left alone to get us the most profit. Gia has a large network of reliable contractors.
★★★★★ A Google reviewer · Google review, April 2020
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