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Florida small estate

Florida small estate limit

Florida's limit for summary administration, a shorter court process, is $150,000 of Florida probate property, not counting property exempt from creditors. The limit doesn't apply when the death was more than two years ago. Either way, the will can't require formal administration (Fla. Stat. § 735.201).

Last updated

What counts in Florida: Value of the entire estate subject to administration in Florida, less the value of property exempt from the claims of creditors.

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Did the person who died leave a will?
Is there a surviving spouse or registered partner?

Florida's limit for summary administration, a shorter court process, is $150,000 of Florida probate property, not counting property exempt from creditors. The limit doesn't apply when the death was more than two years ago. Either way, the will can't require formal administration (Fla. Stat. § 735.201).

General information, not legal advice. Statutes change, and courts apply them to the facts of each estate. Check with the probate court or a probate attorney before you rely on a figure or a date.

Summary administration (Fla. Stat. § 735.201)

Limit$150,000
What countsValue of the entire estate subject to administration in Florida, less the value of property exempt from the claims of creditors.
StatuteFla. Stat. § 735.201

Summary administration is a court proceeding, not an affidavit. It's also available at any value when the death was more than two years ago. Florida has a separate option, disposition without administration, when the only assets are exempt property plus other personal property worth no more than the funeral expenses and last-illness medical bills (§ 735.301). The $150,000 figure comes from the 2026 amendment of § 735.201 (s. 7, ch. 2026-57, Laws of Fla.). For a death before that change took effect, ask the clerk which limit applies.

Common questions

What is the small estate limit in Florida?

The limit is $150,000 for the summary administration (Fla. Stat. § 735.201). Summary administration is a court proceeding, not an affidavit. It's also available at any value when the death was more than two years ago. Florida has a separate option, disposition without administration, when the only assets are exempt property plus other personal property worth no more than the funeral expenses and last-illness medical bills (§ 735.301). The $150,000 figure comes from the 2026 amendment of § 735.201 (s. 7, ch. 2026-57, Laws of Fla.). For a death before that change took effect, ask the clerk which limit applies.

What counts toward the Florida limit?

Value of the entire estate subject to administration in Florida, less the value of property exempt from the claims of creditors.

Sources

We last checked the statute text against the official publishers in August 2026.