What counts toward Florida's $75,000 summary administration limit?

What is the $75,000 line?

Florida law sets a dollar line for a faster probate process called summary administration. If the value of what actually goes through probate is $75,000 or less, the estate may qualify for summary administration — a process that can take a few weeks and does not need a personal representative. Above that line, the estate generally needs formal administration instead, which in Florida requires a lawyer under Rule 5.030, except in narrow cases.

What does not count toward the $75,000

Not everything a person owned counts toward this line. Some assets pass outside probate entirely and are set aside before the math is done:

Joint accounts or joint property
Anything with a named beneficiary, like a payable-on-death account or a life insurance policy
Assets held in a trust
The homestead, under Article X, Section 4 of the Florida Constitution

These assets are not part of the probate estate, so they are not added to the $75,000 total.

What is left counts

What remains after setting those assets aside is the actual probate estate. That is the total compared against the $75,000 summary-administration line. The math has its own rules — for example, exempt property and any funeral expense reimbursement are accounted for separately, not just added up like ordinary assets.

Two creditor clocks still apply

Whether the estate ends up in summary or formal administration, Florida law has creditor deadlines to be aware of: a 2-year clock and a 3-month clock, both running from the date of death. These clocks matter no matter which process fits. Confirm exact deadlines with the clerk of court's probate division.

What this does not tell you

This is general information, not legal advice. Titling, beneficiary designations, and homestead status depend on documents — deeds, account agreements, trust paperwork — that a tool like this cannot see. Values you describe are estimates. Whether an asset truly passes outside probate depends on how it is actually titled, not just how you remember it.

What to do next

The free tool reads what you describe — each asset, its rough value, and whose name was on it — and sorts it for you. It sets aside what passes outside probate, totals what is left against the $75,000 line, and tells you whether summary or formal administration fits, along with the creditor clocks and where to file. If you are unsure about anything it tells you, the clerk of court's probate division and the Florida Bar's lawyer referral service are free to ask.

Use the free tool

Probate Needed? FL is an informational tool based on the Florida Probate Code (Fla. Stat. chapters 731–735), the Florida Probate Rules, and Art. X §4 of the Florida Constitution as of 2025–26. It is not legal advice and does not file anything. Titling, beneficiary designations and homestead status depend on documents this tool cannot see; values are estimates. It is not affiliated with any court, bank or law firm.