In either event, the application must show that the decedent was not indebted, that provision has been made for the payment of the decedent’s debts, or that the entire estate is exempt from the claims of creditors under the constitution and statutes of the state, and that no administration of the estate, including summary administration, has been initiated and that none is planned, to the knowledge of the applicant.


State of      

County of      

Before the undersigned authority personally appeared   (name of affiant)   , of   (residential address of affiant)   , who has been sworn and says the following statements are true:

(a) The affiant is (initial one of the following responses):

  The surviving spouse of the decedent.

  A surviving adult child of the decedent, and the decedent left no surviving spouse.

  A surviving adult descendant of the decedent, and the decedent left no surviving spouse and no surviving adult child.

  A surviving parent of the decedent, and the decedent left no surviving spouse, no surviving adult child, and no surviving adult descendant.

(b) As shown in the certified death certificate, the date of death of the decedent was   (date of death)   , and the address of the decedent’s last residence was   (address of last residence)   .

(c) The affiant is entitled to payment of the funds in the decedent’s depository accounts and certificates of deposit held by the financial institution   (name of financial institution)   . The total amount in all qualified accounts held by the decedent in all financial institutions known to the affiant does not exceed an aggregate total of $1,000. The affiant requests full payment from the financial institution.

(d) A personal representative has not been appointed to administer the decedent’s estate, and no probate proceeding or summary administration procedure has been commenced with respect to the estate.

(e) The affiant has no knowledge of any last will and testament or other document or agreement relating to the distribution of the decedent’s estate.

(f) The payment of the funds constitutes a full release and discharge of the financial institution regarding the amount paid.

(g) The affiant understands that he or she is personally liable to the creditors of the decedent and other persons rightfully entitled to the funds under the Florida Probate Code, to the extent the amount paid exceeds the amount properly attributable to the affiant’s share.

(h) The affiant understands that making a false statement in this affidavit may be punishable as a criminal offense.

By   (signature of affiant)  

Sworn to and subscribed before me this   day of   by   (name of affiant)   , who is personally known to me or produced   as identification, and did take an oath.

  (Signature of Notary Public - State of Florida)  

  (Print, Type, or Stamp Commissioned Name of Notary Public)  

My commission expires:   (date of expiration of commission)  

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Florida Probate Attorney

Florida Estate and Probate Law

Florida Probate | Summary Administration in Florida

Summary administration is a shortened form of Florida probate that does not require the appointment of a Florida personal representative . Florida summary administration usually requires less time, effort, and expense than formal administration .

There are two ways in which an estate can qualify for summary administration in Florida. For summary administration to be available:

How Summary Administration Works

Like a formal administration, a Florida summary administration starts with filing a petition in court. The petition for summary administration may be filed by any beneficiary or by a person nominated as a personal representative by the decedent’s will, but must be signed and verified by the surviving spouse (if any).

The probate rules require that the petition include facts showing that the estate is eligible for summary administration, a list of assets and their values, certain information about the estate’s debt, and a plan for distributing the assets.  Once the court receives the petition and is satisfied that the estate qualifies, the court issues an order distributing the assets.  Unlike a formal administration, a personal representative is not appointed.

The assets of the estate are immediately distributed to beneficiaries and creditors upon the entry of the order admitting the estate to probate.

Effect of Creditor Claims on Summary Administration

If the decedent has been dead for more than two years, creditor claims are not an issue.  Florida has a two year nonclaim provision that effectively bars any creditor claims that are not brought within two years of the decedent’s death.  Because of the nonclaim provision, creditor claims do not need to be addressed as part of the summary administration process if the decedent has been dead for more than two years.

If the decedent has not been dead for two years, creditor claims must be dealt with before an order of summary administration can be issued. Florida law requires the petitioner in a summary administration proceeding to “make a diligent search and reasonable inquiry for any known or reasonably ascertainable creditors, serve a copy of the petition on those creditors, and make provision for payment for those creditors to the extent that assets are available.”

Effect of Florida Homestead on Summary Administration

If the decedent owned a home in Florida that was used as a primary residence, Florida homestead law must be considered.  A Florida homestead is a special type of asset. It passes automatically to a deceased person’s heirs pursuant to the Florida Constitution. But that doesn’t mean that the heirs have clear title  (title that can be sold) .   Many title underwriters will require an Order Determining Homestead before issuing a title policy.  Until then, the heirs will not have clear title.

If the decedent owned a Florida homestead, a separate proceeding to determine homestead must be brought along with a Florida summary administration.  This can affect the timeline in some Florida counties.  Most Florida probate judges will enter the Order Determining Homestead at the same time as the Order of Summary Administration.  This allows the summary administration to be completed in the usual timeline, usually within four to eight weeks.  A few judges, though, will require a three month waiting period before issuing the Order Determining Homestead, extending the summary administration by three months.

Florida homestead is not counted for purposes of determining whether the estate meets the $75,000.00 limitation. If the Florida homestead is the only asset of the estate, it will qualify for summary administration regardless of the value of the homestead.

Related Resources

(305) 489-1415

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order of summary administration testate florida


Summary Administration in Florida is a simplified probate process used to provide efficiency in small estates and when the person has been dead for over two years and all creditors of the deceased are barred.

When does Summary Administration apply in Florida?

According to Section 735.201 of the Florida Statutes , summary administration in Florida can be done if the person has been deceased for over two years or if the assets are less than $75,000. 

If the person has been dead for over two years then there is no cap in the amount of assets of the administration. 

The probate process provides a vehicle for creditors of the deceased to be able to recover money owed to them after the person has passed away. However in Florida, creditors have two years to bring any claims against the deceased person. After two years all creditors are barred against bringing any further claims.

Summary administration can be done because the Probate Court does not have to deal with all the formalities and notices that must be given to creditors during a formal administration.

Differences between a Summary Administration and a Formal Administration in Florida

The first major difference between a summary administration and a formal administration in Florida is the amount of time it takes to close out the administration. 

Summary administration usually are able to be closed between 1-2 months. Formal administration will take at a minimum 6 months in order to be able to close out the estate administration.

Why is summary administration in Florida so much faster you may ask yourself? The reason for this is because if you qualify for summary administration, a lot of the formalities of the formal administration process are not done.

Summary administration is ideal when the deceased person had no creditors (i.e. people he or she owed money too), the only assets of the deceased person are exempt assets (protected against creditors), or if the deceased person has been dead for over two years and all the creditors are barred. 


Another major difference in the summary administration process in Florida is that a personal representative is not appointed to administer the probate process. Since there is no assets to be administered and no creditors (in most situations) to deal with, the probate court can distribute the assets to the rightful beneficiaries. 

Since the process is a lot faster, the cost of probate attorneys are usually lower compared to formal administration. 

Most probate attorneys will charge a flat fee cost to help you file the petition for summary administration in Florida. The filing fees in the summary administration are also lower, approximately $346 in Miami-Dade County and other counties as well.

Dealing with Creditors in Summary Administration

Summary Administration in Florida is ideal when the deceased person had no creditors. This is specially true when the deceased person has been dead for less than two years.

Florida has a two-year statute of limitations for creditors to bring a claim against a deceased person. After two years, all creditor claims are barred and the probate assets can be distributed to the beneficiaries without having to go through the formal notice of creditor requirement.

If the person has been dead for less than two years and the assets are less than $75,000, the petitioner in the Summary Administration can either file a Notice to Creditors to bar any future creditors from bringing claims or can file an Affidavit where they remain personally liable for any claims brought before the two year mark. This only applies to the extent that the property distributed is not exempt property (i.e. Homestead Property). 

If you know that the deceased person had a lot of creditors then summary administration might not be the best vehicle to administer the deceased assets.

Under the Petition for Summary Administration, you as the Petitioner must certify that you have made a diligent search and inquiry as to any known or reasonable ascertainable creditors and either a) the creditors are barred; b) the estate is not indebted; or c) that if the estate is indebted that provisions for payments of the debts are outlined.

In fact if there are several creditors that file claims against the estate, some probate judges will require you to convert the probate proceedings from summary to formal administration. An experience probate attorney can help you make this determination.

Exempt Property in Florida's Summary Administration.

Exempt property is not counted towards the $75,000 cap in the Florida summary administration proceedings.

Exempt property includes the decedent’s Homestead property and the exempt property listed under Section 732.402, Florida Statutes . 

The most common exempt property under Section 732.402 include household furniture, furnishing 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 is typically 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. 

A similar process is done for the exempt property. A Petition Determining Exempt Property is filed with the Probate Court and the Court will enter an Order determining its status. 

Cost of Miami Probate Attorney Fee for Summary Administration

There are two basic models for a Miami probate attorney to charge his or her attorney’s fees: Flat Fee or Hourly.

There is not one best method, in some situations the flat fee will be more convenient for the client, in other situations the hourly model will be more cost effective.

Flat Fee Probate Attorney Services

When quoting a flat fee, the probate attorney will first examine the complexity of the summary administration. Factors that probate attorneys examine in order to quote a flat fee include:

Depending on the complexity of the summary administration, the typical going rate for flat fees of Miami probate attorneys for a summary administration in Miami-Dade County is anywhere between $1,000 and $2,500, plus the cost involved in the Miami-Dade Probate Court.

Hourly Fee for Probate Attorney Services

Most Miami probate attorney charge between $250 an hour to $450 an hour depending on the experience of the probate attorney.

Summary Administration takes a lot less time than a formal administration. Typically, all the documents needed like the Petition for Summary Administration are filed in one batch. Once the Miami-Dade Probate Court ascertains that all the information is correct and there are no issues, then a Miami-Dade Probate Judge will enter an order for the distribution of the assets.

What must be included in a Petition for Summary Administration?

According to Florida Probate Rule 5.530, the Petition for Summary Administration must be verified and must contain the following information:

(1)     a statement of the interest of each petitioner, each petitioner’s name and address, and the name and office address of each petitioner’s attorney;

(2)     the name and last known address of the decedent, last 4 digits of the decedent’s social security number, date and place of death of the decedent, and state and county of the decedent’s domicile;

(3)     so far as is known, the names and addresses of the surviving spouse, if any, and the beneficiaries and their relationship to the decedent and the year of birth of any who are minors;

(4)     a statement showing venue;

(5)     a statement whether domiciliary or principal proceedings are pending in another state or country, if known, and the name and address of the foreign personal representative and the court issuing letters;

(6)     a statement that the decedent’s will, if any, does not direct administration as required by chapter 733, Florida Statutes;

(7)     a statement that the value of the entire estate subject to administration in this state, less the value of property exempt from the claims of creditors, does not exceed $75,000 or that the decedent has been dead for more than 2 years;

(8)     a description of all assets in the estate and the estimated value of each, and a separate description of any protected homestead and exempt property;

(9)     a statement either:

(A)     that all creditors’ claims are barred or

(B)     that a diligent search and reasonable inquiry for any known or reasonably ascertainable creditors has been made and one of the following:

(i)      A statement that the estate is not indebted.

(ii)     The name and address of each creditor, the nature of the debt, the amount of the debt and whether the amount is estimated or exact, and when the debt is due. If provision for payment of the debt has been made other than for full payment in the proposed order of distribution, the following information must be shown:

(a)     The name of the person who will pay the debt.

(b)     The creditor’s written consent for substitution or assumption of the debt by another person.

(c)     The amount to be paid if the debt has been compromised.

(d)     The terms for payment and any limitations on the liability of the person paying the debt.

(10)   in an intestate estate, a statement that after the exercise of reasonable diligence each petitioner is unaware of any unrevoked wills or codicils;

(11)   in a testate estate, a statement identifying all unrevoked wills and codicils being presented for probate, and a statement that each petitioner is unaware of any other unrevoked will or codicil; and

(12)   a schedule of proposed distribution of all probate assets and the person to whom each asset is to be distributed.

Contact our Miami Probate Attorney for a free consultation

I have a lot of experience with the summary administration in Miami-Dade County and other counties throughout Florida. I want to help you petition for the summary administration of your loved one.

Contact me at (305) 489-1415 or complete the form to reach my office. If you have any questions or concerns do not hesitate to reach out, I am always happy to answer any questions you may have, whether you end up retaining my firm or not.

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Florida Document Specialists

Florida Document Specialists

Leaders in Document Preparation, Online Notarization, and Apostille Services

Petition for Summary Administration Florida Probate Forms

Filing a Florida Summary Administration Probate Pro Se You Have Nonlawyer Options

Are you looking for florida summary administration forms to resolve the estate of a loved one  if you’ve been researching your options, you probably already know that:, 1.  in order to distribute assets from an estate, you need to file probate forms with the circuit court for a “summary administration”.  you’ve been trying to find the correct summary administration forms to use and the least stressful and most affordable way of preparing and filing them with the court., 2.  probate attorneys in florida charge a lot of money to type up summary administration probate forms.  a summary administration is supposed to be a simplified form of probate, not something that breaks the bank.  sometimes, after legal fees, there isn’t much left for the family., 3.  filing a florida summary administration case involves more than just, “a summary administration form”, and the more you read, the more complicated and intimidating the summary administration process seems to be. , 4.  you’ve found  the “we- do-it-all ” legal forms websites that promise simple and cheap solutions for downloading the proper forms for a florida summary administration, but you soon realize that they are only robots, and no one will ever be there to pick up the phone and answer your questions., we offer a flat-fee solution for summary administration document preparation, electronic filing, and the preparation and submission of proposed orders to your judge..

Florida Document Specialists is a family owned and operated Florida business that is A+ rated, 5-Star reviewed, and accredited by the Central Florida Better Business Bureau .  We  offer a nonlawyer summary administration preparation and filing service for all 67 counties in Florida .   We can also help out-of-state customers  who need assistance preparing ancillary summary administration forms for decedents who owned property in Florida.

If you don’t require legal advice or representation, our  unique and customer focused solution may be your best option.  We don’t just sell summary administration or probate forms, and our document preparation processes are not automated.  That means you’ll work with a real person who will keep you updated every step of the way.   We provide a complete, flat-fee solution to help you accomplish your goal of obtaining an order of summary administration and/or an order to determine status of homestead property.

Our services include:

How much does it cost?

Our flat fee is $895.  Court filing fees are not included.  Filing fees are typically $345 for estates valued at $1000 or more.

We’d be happy to speak with you.

Whether or not you choose to hire Florida Document Specialists to assist you with the preparation of your petition for summary administration, we have assembled some frequently asked questions that may help you with your research.  Contact us at any time by phone or by using the contact form at the bottom of this page.  Remember, we are not attorneys, so we cannot give you legal advice.  If you’d like to use or services, our summary administration intake questionnaire can be completed by clicking HERE .

Frequently Asked Questions FAQ about Summary Administration in Florida

What is florida summary administration  is it probate.

Yes.  Probate is a process supervised by the circuit court that identifies a decedent’s debts and distributes the decedent’s assets to creditors or beneficiaries of the decedent’s estate.

Florida Summary Administration is a shortened form of probate that requires less time and effort than formal administration.  Unlike formal administration, the court will not appoint a personal representative (PR).

What are some differences between a formal administration and a summary administration of probate?

Can I  file a summary administration in Florida without hiring an attorney?

Yes.  Despite what you may have been told, you can file a petition for summary administration from a pro se (self-represented) party without requiring a lawyer to be involved as long as you have standing to file the petition.

But I read online that unless the personal representative is the only interested party, an attorney is required to file a petition for summary administration.  Is this true?

No.  There is no, “personal representative” in a summary administration.   A personal representative is appointed by a judge in a formal administration of probate, and “letters of administration” are issued to that person to act on behalf of the estate with the authority of the court.

The decedent died without a last will (intestate).  How do I figure out how the assets of the estate will be divided?

When a Florida resident dies intestate – meaning without a proper will or living trust, their assets will be distributed according to the intestate succession laws of the State of Florida.   There is a handy, online Florida Intestacy Evaluator available that may be of use to you.

I have checks that are made out to, “The Estate of…..”, and I want to cash them,  Will I be able to do this with a summary administration?

Perhaps.  If you already have the checks made out to an estate, you’ll have to contact the bank, insurance company, etc., and ask them if they would be willing to cancel the checks and wait for an order of summary administration from the judge.  When the holder of the assets receives the court order, they will then have the authority to reissue the checks to you instead of the estate.

If that is not possible, the only way to cash checks made out to an estate would be to open an estate bank account.  To do that, a formal administration (and an attorney) is required.

I don’t know the account numbers and other information regarding the decedent’s assets, is this a problem?

It could be a big problem, and we run into this situation frequently.   Sometimes you know that the decedent had bank accounts, stock accounts, etc., but you don’t have complete information, i.e. the account numbers or the balance (value) of the account(s).  In a summary administration, the petitioner must describe the probate assets with specificity.  In a summary administration, “letters of administration” are not issued, as there is no personal representative to issue them to.  In other words, the pro se petitioner in a summary administration does not have the authority to demand additional information from the institutions that are holding the assets, and they are not going to tell you if you ask.  If you have the complete account numbers, or at least the last 4 digits, and have an exact or general idea of the value of the accounts, you’re probably in good shape, but not always.  Sometimes you can find all of the information you need by looking through the decedents papers and old mail.   If you don’t have any information, a summary administration is probably not going to work for you.  This situation typically only applies to bank accounts, stock accounts, insurance policies, retirement accounts, etc.  Specific information regarding real property (homestead, real estate, etc.) is easily found online through the clerk of court.

What if I don’t file the correct summary administration forms and proposed orders?

If you intend to prepare and file a summary administration on your own, you should focus on satisfying the requirements of the Florida statutes and your court’s local requirements .  It’s always a good idea to read the websites associated with the clerk of court and the judicial circuit you’re filing in , to find out if their probate judges have any local procedures or administrative orders that you need to be concerned about.  The probate clerk usually relies on a summary administration checklist, and these summary administration and homestead checklists are often available online for download.

The court will compare your petition for summary administration and associated Florida probate forms against their intake checklist.  If something is wrong with your  paperwork, it is possible that it could be rejected and returned to you without further explanation.  Generally speaking, probate clerks are not permitted to tell you what you are missing or how to correct your mistakes.  In some instances, a kind clerk or pro se coordinator may offer some assistance.   Be very polite and gracious if they do, because this is the exception, not the rule.

Is the estate eligible for a summary administration?

Before you file a Florida Petition for Summary Administration, you need to determine if the estate of the decedent is eligible.  To qualify for a Florida summary administration:

Does this mean a ten-million dollar estate can be probated with a summary administration, and no lawyer, if the decedent has been dead for over two years?

Yes.  Whether that is in your best interest or not is up to you.

Where do I start?

To begin a Florida summary administration, the petitioner must obtain the correct Florida summary administration forms and file a petition for summary administration with the circuit court that has jurisdiction over the estate.  The summary administration is typically filed in the county where the decedent resided at the time of death.  If the decedent did not live in Florida, the petition is usually filed in the county where the decedent owned real property.  The petition for  summary administration may be filed by any beneficiary or by a person nominated as a personal representative by the decedent in their will, but it must be verified and signed by the surviving spouse, if any.

I have the decedent’s original will, what should I do with it?

Florida Statute 732.901 directs that the custodian of a last will and testament must deposit the will with the clerk of court having venue of the estate of the decedent within 10 days after receiving information that the testator is dead.

When you deposit the will with the clerk, make sure you have a made a photocopy (or a quality scan) first for your records.  Take a copy of the decedent’s death certificate with you to the clerk’s office, as they may want to look at it.  The clerk will give you a receipt for the deposit of the will and a corresponding file number.  It is important that you keep the receipt/file number in a safe place, as you will need it when you prepare your petition for summary administration.  There is no cost for depositing a will with the clerk.  You cannot deposit or “file” a will with the probate clerk until the testator is deceased.

Where can I learn to prepare summary administration forms?

Florida statutes specify what information must be included in a petition for summary administration and a petition to determine the status of homestead property.  These include facts showing why the estate qualifies for summary administration, and information about the estate’s assets along with a proposed plan to distribute them.  Summary administration in Florida is governed by Chapter 731 of the Florida Statutes .

What is the end result, and how long does it take?

Once the judge reviews the petition(s) and is satisfied that the estate qualifies, and the requirements of the law are met, the court will issue orders distributing the assets or determining the status of homestead property.  Processing time in the courts is unpredictable and depends on things such as the size of the county, the workload and efficiency of the court, and even the time of year (vacations, holidays, etc.).  We have seen pro se parties receive signed orders in as little as a week after filing and as long as 7 months.  The procedures that Florida Courts use for getting proposed orders before a probate judge varies widely.

Are there any potential pitfalls with a summary administration?

Yes.  Just because an estate qualifies for a summary administration, it may not necessarily your best course of action.  There may be circumstances in your particular matter that you did not anticipate.  For instance, in a Florida summary administration there is a “petitioner”, but no “personal representative”.  A petitioner does not have the same legal authority to inquire about, collect, manage, or dispose of assets in the same way that a court appointed personal representative does in a formal administration.

You may  think that the estate is valued at $75,000 or less, but there may be bank accounts, stock accounts, life insurance policies, annuities, or other assets that you aren’t even aware of.  You will not have the authority to inquire about the existence of additional assets, and banks and other institutions have no responsibility to disclose them to you.

Probate can be a complex area of law.  That is why there are attorneys in Florida that specialize in probate.  Probate matters often require a Florida probate attorney, not a document preparation service.

There are other factors that may come into play too, such as IRS issues, beneficiaries who are minors, lawsuits, homestead and homestead exemption complications, and foreclosure proceedings, to name a few.  That’s why it’s always a good idea to consult with a Florida probate attorney to answer your legal questions and provide legal advice so that you can feel confident that you are making the right decisions.

I’ve heard that I need a copy of a paid funeral bill, is this true?

Yes.  In most cases where the decedent has been dead for less than two years, the court will require proof that the funeral and final arrangements have been paid for.  Some courts require proof of payment for the last 6-months of medical expenses.

Other Florida Summary Administration Forms that a pro se Filer May Need:

Petition for Summary Administration – Testate; Petition for Summary Administration – Intestate; Petition to Determine Homestead Status of Real Property; Proposed Order Determining Homestead Status of Real Property; Joinder, Waiver, and Consent; Proposed Order Admitting Will to Probate; Oath of Witness; Affidavit of Heirs; Notice to Creditors; Formal Notice; Affidavit Concerning Criminal History; and Miscellaneous Forms Required by Local Courts

If You Want to Do It on Your Own

If you decide to file a Florida summary administration case on your own, and you don’t require legal advice or representation, Florida Document Specialists can provide you with affordable  clerical and procedural assistance. If you’re ready to get started, and you want to hire us to prepare your summary administration documents, you are invited to complete our online summary administration questionnaire by clicking the button below.   The questionnaire provides us with the factual information that is needed to prepare your petition for summary administration and the rest of the various summary administration forms.


Fillable PDF

Last updated: 1/21/2022

Order Of Summary Administration Testate {P-2.0300}

What you get:.


P-2.0300, ORDER OF SUMMARY ADMINISTRATION (Testate), all interested persons have been served proper notice of the petition and hearing or have waived notice thereof; that the material allegations of the petition are true; that the will [dated], has been admitted to probate by order of this court as and for the last will of the decedent; and that the decedent's estate qualifies for summary administration and an Order of Summary Administration should be entered. Bar Form No. P-2.0300, Florida Lawyers Support Services, Inc., Revised January 1, 2022

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