Every Form a Florida Summary
Administration Actually Requires

Most summary administration petitions that fail don't fail on eligibility — they fail on paperwork. Courts deny or bounce petitions for missing dates, vague asset descriptions, unsigned consents, or a skipped county checklist. Here is the complete document inventory, what each one must contain, and the traps that generate deficiency notices.

1. The Verified Petition (Rule 5.530)

Florida Probate Rule 5.530(a) requires the petition to contain, at minimum:

1. Each petitioner's interest, name, and address (and their attorney's);
2. The decedent's name, last known address, last four SSN digits, date and place of death, and county of domicile;
3. Names, addresses, and relationships of the surviving spouse and all beneficiaries, with birth years for minors;
4. A statement of venue;
5. Whether proceedings are pending in another state;
6. In a testate estate, that the will does not direct Chapter 733 administration;
7. The eligibility statement — non-exempt assets of $150,000 or less, or death more than two years ago;
8. A schedule of all assets with estimated values, separately designating homestead and exempt property;
9. The indebtedness statement — claims barred, estate not indebted, or each creditor listed with payment provisions;
10. In an intestate estate, that no unrevoked will is known;
11. In a testate estate, identification of every unrevoked will and codicil;
12. A proposed distribution schedule naming who receives each asset.

The petition must be verified (sworn), signed by the surviving spouse if any, and joined or consented to by beneficiaries — except that a beneficiary receiving their full share under the proposed order need not join. Anyone who doesn't join gets formal notice instead.

2. The Death Certificate and the Original Will

File a certified death certificate — a photocopy is not accepted, and some counties want the version showing the cause of death unredacted for probate purposes. The original will must be deposited with the clerk of the decedent's county under Fla. Stat. § 732.901 — and here's the trap: the original cannot be e-filed. It goes by hand delivery or mail even when everything else is filed through the portal. If the will is self-proved under § 732.503, nothing more is needed; if not, a witness must execute an oath before a clerk, deputy clerk, commissioner, or judge — a notary stamp is not sufficient. A lost original requires a separate lost-will proceeding.

3. Joinders, Consents, and the Affidavit of Heirs

Every beneficiary who isn't receiving a full distributive share signs a notarized joinder/waiver/consent. In intestate estates, most circuits also require an Affidavit of Heirs mapping the family tree — on the circuit's own required form in some counties.

4. The Proposed Orders (Where the Real Lawyering Lives)

You draft the orders the judge signs: an Order Admitting Will (testate) and the Order of Summary Administration itself. The distribution order must be asset-specific and distributee-specific — bank name and account number, VIN, full legal description — because that order is what the bank honors and the title company examines years later. Vague orders are the most expensive mistake in this entire process: they get rejected at the institution even after the court signs them.

5. With Real Property: the Homestead Petition

When the estate includes the decedent's home, file a Petition to Determine Homestead Status with its own proposed order. This is what establishes the property's protected character and clears title for the heirs.

6. County Add-Ons

• Mandatory local checklists. Several circuits (Orange/Osceola and Palm Beach among them) require their own certified checklist filed with the petition — and will deny petitions with incomplete ones.
• Proof of paid funeral and medical bills. Some counties require proof of payment in full of the funeral bill and the last 60 days of medical expenses when the death was within two years.

Related Reading

• Florida Summary Administration: The Complete Guide — the full process in context.
• How Long Does It Take? — what clean paperwork buys you.
• Summary Administration With a House — the homestead petition explained.

This article is for general informational purposes and does not constitute legal advice. Eligibility and procedure depend on the specific assets, creditors, and family circumstances. Consult a licensed Florida attorney regarding your situation. Arthur Simpson, Esq. is licensed to practice law in the State of Florida. Attorney advertising.