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Fla. Stat. § 735.201 · checked 2026-10-20
Florida small estate affidavit limit
In Florida the summary administration is available when the value of the entire estate subject to administration, less exempt property is $150,000 or less; the statute sets no waiting period. It works through a short court proceeding started by petition.
- 1Dollar limit $150,000
- 2Waiting period None stated
- 3Filed with Court
- 4Statute Fla. Stat. § 735.201
What Fla. Stat. § 735.201 says
The operative words of the statute, as read on 2026-10-20:
“does not exceed $150,000”
That test is applied to the value of the entire estate subject to administration, less exempt property. Summary administration is also available, whatever the value, when the decedent has been dead for more than two years. Separately, § 735.301 allows disposition without any administration when the only non-exempt personal property does not exceed preferred funeral expenses plus medical and hospital expenses of the last 60 days of the last illness; that test has no fixed dollar figure.
Source: Fla. Stat. § 735.201. Last checked 2026-10-20.
Worked examples against the $150,000 limit
| Estate value | Result under Fla. Stat. § 735.201 |
|---|---|
| $90,000 | Within the limit |
| $150,000 | Within the limit |
| $151,000 | Over the limit by $1,000: the small-estate route is closed |
Values are the estate as the statute measures it — value of the entire estate subject to administration, less exempt property — not everything the person owned. Florida's figure is $87,500 above the $62,500 median of the 48 jurisdictions with a dollar limit on this site, ranking 5th from the top, level with Illinois.
When the route opens
Fla. Stat. § 735.201 does not write a waiting period into the procedure, so timing depends on the court's own processing after the papers are filed. 31 of the 51 jurisdictions here do set one, most often around 30 days.
If the estate goes through full probate instead, creditors have 3 months counted from first publication of the notice to creditors (Fla. Stat. § 733.702(1)). The Florida probate timeline works those dates through.
Filing and fees
This route is still a court proceeding, but a shorter one than full administration: a petition, notice to interested persons, and an order. The Fla. Stat. § 28.2401(1) schedule charges $340 for the summary administration. Opening full administration for an estate of $151,000 would cost $395 under Fla. Stat. § 28.2401(1) — see probate court fees in Florida.
The free route is the probate court itself: the clerk or register in the county where the person lived can say which form the court uses for the summary administration and what it charges. This site does not supply forms or refer anyone to a lawyer.
Nearby South Atlantic jurisdictions
Delaware: $50,000 after 30 days; District of Columbia: $80,000; Georgia: no dollar cap; Maryland: $50,000; North Carolina: $20,000 after 30 days; South Carolina: $45,000 after 30 days; Virginia: $75,000 after 60 days; West Virginia: $50,000.
Related: small estate limits compared · assets that skip probate · all 51 jurisdictions.
General information from the statute as written on 2026-10-20; not legal advice. Statutes change, courts add local rules, and the facts of an estate decide which route applies. Confirm with the Florida probate court or its self-help center before filing.