Detailed Answer

Short answer: Under Florida law you can often move from formal administration to a “small estate” pathway — most commonly summary administration — if the estate qualifies. To do that you must confirm the estate meets Florida’s small-estate rules, file the correct petition with the probate court, disclose the year’s allowance and any payments already made, and ask the court to enter a summary administration order. The court will decide whether the estate qualifies and how remaining assets will be distributed.

What is summary administration and when it applies

Summary administration is a streamlined probate process Florida provides for small or nearly-administered estates. It is available when one of two conditions exists: (1) the decedent has been dead for more than 2 years before the petition is filed, or (2) the personal representative (or petitioner) represents that the value of the decedent’s estate subject to administration in Florida does not exceed the statutory threshold for summary administration. The rules and procedures for summary administration are in Florida probate law governing disposition and summary administration.

See Florida’s statutes on summary administration for details: Chapter 735, Florida Statutes (Summary Administration), and general probate provisions at Chapter 732, Florida Statutes (Decedents’ Estates).

Step-by-step: How to switch to the small-estate (summary administration) route

Inventory the estate assets subject to Florida probate. List assets that require court authority to transfer (bank accounts payable to the estate, real estate titled only in the decedent’s name, certain vehicles, etc.). Exclude assets that pass outside probate (payable-on-death accounts, jointly owned assets with right of survivorship, properly titled life insurance/retirement proceeds to named beneficiaries).
Confirm eligibility for summary administration. If the estate’s probate assets in Florida are at or under the statutory threshold (or the decedent died more than 2 years ago), you may qualify. If you are unsure how to value assets or whether an asset is probate property, check with the clerk of the circuit court or consult an attorney.
Disclose the year’s allowance and other claims. When you petition the court, you must report any family allowance (year’s allowance) that has been claimed or paid. Family allowance requests are given priority and affect distributions; the court will account for what has already been paid against that allowance.
Prepare and file a Petition for Summary Administration (or the applicable small-estate affidavit/process). Filing typically requires: the petition, a certified copy of the death certificate, a proposed order, an itemized list of assets and claimed values, and an affidavit that the estate qualifies. If a will exists, file it with the clerk. Use local court forms if available or follow form requirements in the statutes and local rules.
Serve notice to interested persons. The court will require notice to heirs, beneficiaries, and known creditors according to statute and local rules. The notice and timing can affect your ability to proceed quickly.
Attend a hearing if requested, or wait for the court’s order. If the court is satisfied the estate qualifies for summary administration it will enter an order authorizing distribution of the described property to named persons without full administration.
Follow the court order to distribute property and document distributions. Keep receipts and releases; if the year’s allowance was paid, show how those payments were applied and whether any remaining allowance is owed.

How the family (year’s) allowance interacts with small-estate procedures

Family allowance (often called a year’s allowance) is a statutory priority claim to support a surviving spouse and minor children for a limited period. If the year’s allowance has been claimed or paid, it must be disclosed when seeking summary administration. The allowance is treated as a priority against the estate; if payments already made exhaust the allowance or other priority claims, that affects how remaining assets are distributed under a summary administration order.

If year’s allowance payments have already reduced the estate below the summary administration threshold, that may help you qualify. Conversely, if the allowance uses up most estate assets, the court will still require full disclosure before approving a summary distribution.

If you already opened formal administration

You can petition the court to convert the matter to summary administration (or otherwise obtain an order permitting distribution) if the estate now meets the summary-administration requirements. You must file the petition, disclose actions already taken (including any year’s allowance payments and other administrative costs), and propose a final distribution. The court will review the history and outstanding claims before allowing a shortcut.

Practical documents you should gather before filing

Certified death certificate
Copy of the will (if any) and any codicils
An inventory or list of estate assets and approximate values (Florida assets only)
Records of year’s allowance or family-support payments made
Information for heirs and beneficiaries (names, addresses)
Copies of account statements or deeds showing which assets are probate property

Timing and likely costs

Summary administration is generally faster and less expensive than full administration because it eliminates many creditor notice and inventory obligations. Timelines vary by county and court load, but if the petition is straightforward and served properly you can often obtain an order in a matter of weeks to a few months. Court filing fees and service costs still apply. If you must convert from an open administration to summary administration, expect some additional court filings and possible notice to creditors and interested parties.

When to consult an attorney

Consider talking with a probate attorney if any of the following apply:

There are disputes among heirs or beneficiaries
Significant creditor claims exist or secured debts encumber assets
The title or ownership status of assets is unclear
The year’s allowance or other priority claims are large or contested
You want help preparing or filing the petition to reduce risk of delays

Where to read the law

Key Florida statutory resources:

Summary administration provisions — Chapter 735, Florida Statutes: https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0735/0735.html
General decedents’ estates statutes (includes family allowance and disposition rules) — Chapter 732, Florida Statutes: https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/0732.html

Helpful Hints

Talk to the probate clerk early. Clerks often provide procedural guidance and can point you to local forms and filing requirements.
Value only Florida probate assets for summary-administration eligibility. Many assets pass outside probate and are not counted.
Document every year’s allowance payment and keep receipts—these payments affect distribution and creditor priority.
Serve notices correctly. Improper service causes delays or reversal of orders.
Use plain, accurate affidavits. Courts rely on sworn statements when granting summary relief.
If in doubt about valuation or whether an asset is probate property (e.g., jointly owned property or retirement accounts), get professional help before filing.

Disclaimer: I am not a lawyer and this is not legal advice. The information above is a general explanation of Florida probate options and is intended to help you understand possible next steps. For advice tailored to your situation, consult a licensed Florida probate attorney or contact the probate clerk in the county where the decedent lived.