Died More Than Two Years Ago?
The Two-Year Rule Changes Everything

Every week, somewhere in Florida, a family discovers the problem at the worst possible time: a contract to sell the old family house falls apart because title still stands in Mom's name — and Mom died in 2019. Or a forgotten brokerage account surfaces. Or the unclaimed-property site shows funds no one can collect. Nobody ever "did probate," and everyone assumes that after all these years the situation is a legal mess. It usually isn't. It's usually a two-year-rule summary administration — one of the cleanest procedures in Florida probate.

How the Rule Works

Fla. Stat. § 735.201 opens summary administration to any estate where the decedent has been dead more than two years — no dollar limit. The reason is Fla. Stat. § 733.710, a statute of repose: two years after death, claims against the estate are barred outside narrow exceptions (properly perfected liens, for instance, survive — a mortgage doesn't vanish). With creditors barred, the elaborate protective machinery of formal administration serves no purpose, so Florida lets the estate pass by a straightforward petition and order.

Practically, that also makes these the simplest summary administrations: the diligent creditor search, creditor service, and payment provisions drop out of the petition entirely. What remains is identifying the heirs correctly and describing the assets precisely.

The Classic Scenarios

• The stuck house. A parent died years ago; the family kept paying taxes and never retitled. The summary administration order — with a homestead determination where it applies — recorded in the official records, restores a clean chain of title so the heirs can sell or refinance.
• The discovered asset. A dormant bank account, stock certificates, an insurance policy with no beneficiary, unclaimed property held by the state. The order directs the holder to pay the persons entitled.
• The out-of-state decedent's Florida condo. A parent who died years ago in another state, still on a Florida deed — handled through a Florida proceeding covering the Florida property.
• The closing-table emergency. A title examiner flags a deceased owner in the chain mid-transaction. Because these petitions are decided on the papers, an experienced firm can often clear the issue fast enough to save the deal.

What Still Has to Be Done Right

• The will still counts. If there was a will, the original still must be deposited and admitted; distribution follows its terms. No will means Florida's intestacy statutes control.
• Heirs are fixed at the date of death — then traced forward. If an heir has since died, their share typically passes into their estate or to their descendants, which can multiply the consent signatures needed. A death in 1995 with three generations since is genuinely more genealogy than law — but it's solvable, and the Affidavit of Heirs is where it gets documented.
• Homestead treatment still matters for title purposes, no matter how old the death.
• Property taxes and liens that survive (recorded mortgages, tax certificates) ride through — the two-year bar kills unsecured claims, not perfected liens.

What It Costs

These are flat-fee matters at Truestead: $1,495, or $2,495 when real property is involved (the homestead determination and title-grade orders included), plus court costs at cost — statewide, almost entirely by e-filing and mail. Start on the flat-fee summary administration page.

Related Reading

• Florida Summary Administration: The Complete Guide — the procedure this rule unlocks.
• Summary Administration With a House — clearing title on the family home.
• How Long Does It Take? — why two-year-rule estates move fastest.

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.