Summary Administration
When the Estate Includes a House

The most common summary administration question we hear: "The only real asset is the house — does that knock us out?" Almost always, no. In fact, homestead-plus-bank-account is the classic Florida summary administration estate. But real property is also where do-it-yourself filings go quietly wrong — producing orders a title company rejects at a sale years later. Here's how it actually works.

Why the House Usually Doesn't Count

Summary administration's $150,000 threshold counts the probate estate less property exempt from creditors' claims. Under Article X, Section 4 of the Florida Constitution, protected homestead passing to the surviving spouse or heirs is exempt from most creditor claims — so it is designated separately on the petition's asset schedule and excluded from the $150,000 math. A $450,000 homestead plus $60,000 in bank accounts is, for eligibility purposes, a $60,000 estate.

The Homestead Petition: the Step That Clears Title

Qualifying is the easy half. The valuable half is the Petition to Determine Homestead Status of Real Property, filed with (or alongside) the summary administration. The resulting order judicially establishes that the property was protected homestead and identifies exactly who takes it. Recorded in the county's official records, that order is what a future buyer's title company relies on. Skip it — or draft an order with a defective legal description — and the heirs discover the problem at the worst moment: at a closing, years later, with a sale falling apart.

Special Situations

• Surviving spouse & minor children. Florida restricts how homestead can be devised when there's a surviving spouse or minor child — a will that tries to leave the home contrary to those rules doesn't control, and the constitutional scheme (life estate or elective 50% tenancy-in-common for the spouse) takes over. This is exactly the fact pattern to run past an attorney before filing anything.
• The old, unprobated house. A home still titled in a parent who died years ago is the classic two-year-rule case: any-size eligibility, creditor claims barred, and the summary administration order plus homestead order clear the chain of title.
• Selling after the orders. Once recorded, the heirs own the property and can sell it like any owner. Truestead's real estate side handles the sale or the deed work that follows — one firm, start to finish.
• A mortgage doesn't block anything. The home passes subject to its mortgage; the lender's lien survives regardless of the probate path.

What It Costs With a House

Truestead handles summary administrations that include real property for a flat $2,495 — the standard package plus the homestead petition and title-grade orders — versus $1,495 without real property. Recording costs are billed at cost. Most Florida firms charge $3,500 or more for the same work. Details on the flat-fee service page.

Related Reading

• Florida Summary Administration: The Complete Guide — eligibility and process.
• The Two-Year Rule — clearing title on long-unprobated homes.
• Forms & Required Documents — the homestead petition in the full checklist.

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.