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Florida Petition for Summary Administration

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Florida Summary Administration

Title XLII, Chapter 735, Florida Statutes

Control Number: FL-ET30

Instructions and Disclaimer

Florida law provides for several alternate abbreviated procedures other than the formal administration process.

“Summary Administration” is generally available only if the value of the estate subject to probate in Florida is not more than $75,000.00, and if the decedent’s debts are paid or the creditors do not object.

Forms to be submitted to the Court:

1) Petition for Summary Administration;

2) Original Will - if decedent died testate;

3) Order Admitting Will to Probate – if appropriate;

4) Proof Funeral Expenses and Last Medical Expenses were paid;

5) Proof of Payment of Nursing Home Expenses incurred by decedent;

6) Death Certificate; and

7) Order of Summary Administration.

Petition for Summary Administration

IN THE CIRCUIT COURT IN AND FOR COUNTY, FLORIDA

IN RE THE ESTATE OF PROBATE DIVISION
File Number:
Division:

Deceased.

1. Petitioner and Decedent Information

The Petitioner, alleges that , a resident of County, whose last four digits of his/her social security number were and whose last known address was:

died on at .

The decedent was domiciled in the state of and county of .

Death Certificate attached

Decedent’s Will was not deposited with the Clerk.

was deposited with the Clerk on

The Petitioner, , whose address is:

has the following interest in the estate of :

(if applicable) Petitioner’s attorney is , whose address is:

Eligibility for Summary Administration

The Decedent died intestate and meets the statutory requirements.

The Decedent died testate and meets the statutory requirements.

Assets of the estate and their estimated values

Asset description / complete asset address / dollar value

Obligations and Expenses of the Estate

Funeral and burial expenses (attach statement and/or receipts)

Type of service:

Services by:

Address:

Amount:

Paid/Due:

Last illness expenses (attach statement and/or receipts)

Type of service:

Services by:

Address:

Amount:

Paid/Due:

A diligent search and reasonable inquiry for any known or reasonably ascertainable creditors has been made.

The estate is not indebted.

Creditor:

Address:

Nature of Debt:

Amount Due: This is an estimated amount This is an exact amount

Amount Paid:

Those Entitled to Distribution

Surviving Spouse:

Address:

City:

State:

Zip Code:

Heirs, Beneficiaries or Creditors

I know of no other assets in the decedent’s name alone except:

I also acknowledge that neither the application, nor the granting of this Petition for Summary Administration, in any way relieves me, or this Estate, of the possible obligation of filing a State or Federal Tax Return.

No domiciliary or principal proceedings are pending in another state or country.

Domiciliary or principal proceedings are pending in another state or country.

Name and address of the foreign personal representative:

Name and address of the court issuing letters:

Date:

Signature of Petitioner

Type or Print Name

Street Address

City, State, Zip

(Area Code) Telephone No.

Relationship to Decedent

Submitted By

Attorney name:

Firm name:

Address:

Telephone Number(s):

Email address:

Florida Number:

Counsel for:

Verification

STATE OF

COUNTY OF

I, the undersigned Petitioner, being sworn, state that I have read and understood the Petition for Summary Administration in the above styled case; that the petition was filed at my request and direction; and that the allegations are true and correct.

Date:

Name / Signature

Type or Print Name

Notary Public

My commission expires:

Order Admitting Will to Probate

IN THE CIRCUIT COURT IN AND FOR COUNTY, FLORIDA

IN RE THE ESTATE OF

File Number: Division:

Deceased.

ORDER ADMITTING WILL TO PROBATE

The instrument presented to this court as the last will of is admitted to probate.

CIRCUIT JUDGE

Order of Summary Administration

IN THE CIRCUIT COURT IN AND FOR COUNTY, FLORIDA

IN RE THE ESTATE OF

File Number: Division:

Deceased.

The Court grants Summary Administration and orders distribution of the estate as shown below.

ORDERED on:

CIRCUIT JUDGE

Notice to Creditors

Notice is hereby given that on the day of , the Court entered an Order of Summary Administration of the above Estate.

The total cash value of the Estate was found to be ().

All creditors having claims against the Estate are required to file their claims, with supporting documentation attached, with the Clerk of the Circuit Court, County, Florida, within Ninety (90) days after the first publication of this Notice.

DATE:

Signature of Personal Representative

Print Name

Street Address

City, State

Zip Code

Submitted By

Attorney name:

Firm name:

Address:

Telephone Number(s):

Email address:

Florida Number:

Counsel for:

Enter text✕

What the Florida Petition for Summary Administration Is

The Florida Petition for Summary Administration is a streamlined probate filing used to transfer assets of a decedent when the estate qualifies for a simplified process. It is designed for relatively small estates or situations where the decedent died more than two years prior and no administration is necessary. The petition asks the court to dispense with full administration, permit direct distribution to beneficiaries or heirs, and clear title to property. Filing this petition triggers clerk review, notice to interested parties where required, and a court order that completes estate disposition without a full probate case.

Why Summary Administration Is Used in Florida

Summary administration shortens probate timelines, reduces court costs, and avoids the need for a full personal representative appointment when statutory criteria are met. It is a legally recognized alternative under Florida probate law for qualifying estates.

Why Summary Administration Is Used in Florida

Who Typically Prepares This Petition

The petition is appropriate when the estate facts are straightforward; complex creditor, tax, or dispute issues may require full administration.

  • Heirs and beneficiaries preparing to receive property directly without full probate proceedings.
  • Small-firm probate attorneys handling low-complexity estates and modest asset pools.
  • Personal representatives confirming that estate value or timing qualifies for summary procedure.

Key Parts of a Professional Petition

A complete petition combines verified facts, asset schedules, legal declarations, and proposed distribution language to allow the clerk or judge to enter an order without full probate administration.

Caption

Court heading and case caption identifying the decedent, county, and petitioner; must match county clerk format and include case type.

Decedent Details

Full legal name, date of death, last residence, and social security number suffix or identifying information to confirm identity in the estate file.

Asset Schedule

Itemized list of estate property subject to probate with approximate values and whether property is encumbered or jointly owned.

Beneficiary Information

Names, addresses, relationships, and proposed shares for each beneficiary or heir, plus any alternate distribution instructions.

Statement of Entitlement

A sworn statement that the estate qualifies for summary administration and that no administration or personal representative is needed.

Proposed Order

Draft order for the judge to sign approving distribution, transferring title, or discharging the clerk to distribute funds.

Essential Data Elements to Include

Decedent Name: Full legal name
Date of Death: MM/DD/YYYY
Last Residence: City, county, state
Asset List: Property and values
Beneficiary Info: Names and contacts
Verification: Notarized signature

Step-by-Step: Completing the Petition

Follow these steps to assemble and submit a Florida Petition for Summary Administration; gather facts and supporting documents before preparing the filing.

  • 01
    Gather documents: Collect death certificate, title documents, and beneficiary records.
  • 02
    Complete petition: Fill caption, decedent facts, asset schedule, and distribution requests.
  • 03
    Sign and verify: Sign before a notary; include verification or affidavit as required.
  • 04
    File with clerk: Submit to county clerk with filing fee and service where applicable.

Where and How the Petition Is Routed

Understanding the routing steps helps anticipate review, required service, and the judge or clerk actions that complete the case.

  • County Clerk: Files and assigns a case number.
  • Clerk Review: Clerk checks form completeness and fees.
  • Service: Notices sent to interested parties when required.
  • Court Order: Judge signs order approving distribution.

Digital Filing and eSubmission Notes

Use secure PDF workflows with preserved audit trails and notarization where required; verify the receiving clerk's electronic submission and signature acceptance policy in advance.

  • File Formats: PDF/A preferred
  • Authentication: Signers must be verifiable
  • Integrations: Court ePortals vary

Consequences of an Incorrect or Incomplete Petition

Filing Rejection: Delays case processing
Creditor Claims: Unexpected liabilities may surface
Title Issues: Transfers may not clear
Fee Liability: Additional court costs and refiling
Professional Risk: Attorney malpractice exposure
Tax Consequences: Potential late filings or penalties

Typical Timelines and Clerk Processing Expectations

Processing times depend on county caseload, completeness of the petition, and whether notice or service is required; plan accordingly.

Clerk Initial Review:

Often 1–4 weeks depending on county workload

Notice Period:

If required, allow additional time for service and response

Objection Window:

Creditors or interested parties may have statutory time to object

Order Entry:

Judge or clerk signs order once review is complete

Title Transfer Timing:

Allow extra time for recording or title company processing

Best Practices to Avoid Delays and Disputes

Adopt a careful checklist and confirm local clerk requirements before filing to minimize rejections and creditor issues.

Verify Eligibility
Confirm the estate meets statutory summary-administration criteria before preparing petition; eligibility errors cause wasted fees and time.
Provide Full Asset Detail
Itemize each asset with value and title status; vague inventories invite clerk questions and potential disputes.
Secure Notarization
Obtain required notarizations and witness signatures where applicable to prevent rejection or requirement to re-execute documents.
Document Proofs
Attach certified death certificate and supporting title documents to substantiate disposition requests and speed clerk review.

Frequently Asked Questions About the Florida Petition for Summary Administration

Answers to common questions about eligibility, required documents, e-signature acceptance, and next steps after filing.


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eSignature Pricing and Feature Comparison for Petition Workflows

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