How I Handle Summary Administration in Pinellas County, Florida, Probate Court

As a St. Petersburg probate attorney I receive many calls from family of deceased Pinellas County residents who want to know what to do about assets that were owned only by the deceased. I have found that the form of probate called summary administration is a quick and relatively inexpensive process for these cases. If there are no complications, then we can often see an order of summary administration entered in less than a month after the petition for summary administration is filed, and for less than $5,000 in legal fees and costs. Here is how I work on summary probate admin cases.

First, I obtain documents and factual information from the client. The documents include such things as the death certificate, will (if any), bank and financial account statements, and real estate records, etc. Other information includes the legal names and contact information for the deceased’s spouse, children, heirs, and named beneficiaries. (There is a Probate Questionnaire on my Contact page to assist in gathering this information, and I have an Intestate Heirs Decision Tree to help me determine who are the heirs when there is no will.)

Second, I draft a petition for summary administration for my client to electronically sign and a proposed order to file with the Pinellas County Clerk of Court. If there is homestead real estate that the deceased person owned as his or her permanent residence, I also draft a petition to determine protected homestead status of real property and a proposed order. And if there are vehicles or home contents passing to a spouse or children, then I might be able to petition the Probate Court to determine they are “exempt property” that is not subject to general creditors’ claims.

Third, the Clerk of Court reviews the petitions and proposed orders and presents them to the Probate Judge. Then, after the orders are signed, the orders relating to real estate are recorded in the Clerk’s Official Records where deeds are recorded.

Summary administration is allowed when the total value of the probate assets is less than $75,000 ($150,000 if the bill pending in the 2026 Florida Legislature is signed into law), but you don’t count the value of the homestead and the exempt property. So, even if the homestead is valued at hundreds of thousands of dollars, summary administration might still be available.

And, if the estate value is more than the limit, summary administration is still allowed if the person has been deceased for at least two years.

Clients want to know, are there complications that can arise in summary probate administration? Yes, there are, and here is a list of some of the issues that require additional time, fees, and costs: delays in obtaining the death certificate; the will lacking a valid self-proof clause; delays and inability to obtain asset information details; unpaid creditors, such as mortgages, car loans, and health care providers; disputes among beneficiaries, family, and others; homestead issues; etc.

I hope you find this information useful, and if you have lost a loved one, I extend my deepest sympathy on your loss.

Practice Areas

This page relates to one of the practice areas of St. Petersburg, Pinellas County, Florida lawyer James W. Martin. For other practice areas, click here.

Contact

If you have the need for a St. Petersburg wills, trusts, and probate attorney, you may use the contact form below or call James W. Martin directly at 727-821-0904 or email him at jim@jamesmartinpa.com .

This page was written by St. Petersburg Florida probate attorney James W. Martin and was last updated on March 1, 2026.