Florida Statutes

Fla. Stat. § 735.203 (2025)

Petition for summary administration.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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735.203 Petition for summary administration.—

(1) A petition for summary administration may be filed by any beneficiary or person nominated as personal representative in the decedent’s will offered for probate. The petition must be signed and verified by the surviving spouse, if any, and any beneficiaries except that the joinder in a petition for summary administration is not required of a beneficiary who will receive a full distributive share under the proposed distribution. However, formal notice of the petition must be served on a beneficiary not joining in the petition.

(2) If a person named in subsection (1) has died, is incapacitated, or is a minor, or has conveyed or transferred all interest in the property of the estate, then, as to that person, the petition must be signed and verified by:

(a) The personal representative, if any, of a deceased person or, if none, the surviving spouse, if any, and the beneficiaries;

(b) The guardian of an incapacitated person or a minor; or

(c) The grantee or transferee of any of them shall be authorized to sign and verify the petition instead of the beneficiary or surviving spouse.

(3) If each trustee of a trust that is a beneficiary of the estate of the deceased person is also a petitioner, formal notice of the petition for summary administration shall be served on each qualified beneficiary of the trust as defined in s. 736.0103 unless joinder in, or consent to, the petition is obtained from each qualified beneficiary of the trust.

History.—s. 1, ch. 74-106; s. 107, ch. 75-220; s. 1, ch. 77-174; s. 180, ch. 2001-226; s. 12, ch. 2009-115; s. 16, ch. 2010-132.

Note.—Created from former s. 735.05.

Notes of Decisions

Cited in 9 cases, 1981–2017 · leading case: Amendments to the Florida Prob. Rules, 848 So. 2d 1069 (Fla. 2003).

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Amendments to the Florida Prob. Rules, 848 So. 2d 1069 (Fla. 2003). · cites it 2× “§ 735.203, Fla. Stat. Petition for summary administration.”

JONES-BISHOP v. Est. of Sweeney, 27 So. 3d 176 (Fla. 5th DCA 2010). · cites it 2× “The Appellee’s position is that the Appellant had no standing to file the petition for summary administration as she is not one of the proper parties set forth in section 735.203(1), Florida Statutes (2008), authorized to bring the petition.”

Florida Bar, 537 So. 2d 500 (Fla. 1988). “F.S. 735.203 Petition for summary administration.”

Wolf v. Doll, 229 So. 3d 1280 (Fla. 4th DCA 2017). · cites it 2× “§ 735.203(1), Fla. Stat. (2013). The statute provides that the petition must be signed and vérified by the surviving spouse, if any, and any beneficiary not receiving a full distributive share.”

In Re Amendments to the Florida Prob. Rules, 50 So. 3d 578 (Fla. 2010). · cites it 2× “§ 735.203, Fla. Stat. Petition for summary administration.”

In Re Amend. to Florida Prob. Rules, 986 So. 2d 576 (Fla. 2008). · cites it 2× “§ 735.203, Fla. Stat. Petition for summary administration.”

Rosalie Wolf v. Jo Ann Doll (Fla. 4th DCA 2017). · cites it 2× “§ 735.203(1), Fla. Stat. (2013). The statute provides that the petition must be signed and verified by the surviving spouse, if any, and any beneficiary not receiving a full distributive share.”

Mosley v. Thomas, 402 So. 2d 594 (Fla. 5th DCA 1981). · cites it 2× “Section 735.203(2)(b), Florida Statutes (1979), also requires that the petition for summary administration contain a complete list of the assets of the estate, including those assets claimed to be exempt.”

Florida Bar, 531 So. 2d 1261 (Fla. 1988). “F.S. 735.203 Petition for summary administration.”

— 735.203(1) — 3 cases

JONES-BISHOP v. Est. of Sweeney, 27 So. 3d 176 (Fla. 5th DCA 2010). “The Appellee’s position is that the Appellant had no standing to file the petition for summary administration as she is not one of the proper parties set forth in section 735.203(1), Florida Statutes (2008), authorized to bring the petition.”

Wolf v. Doll, 229 So. 3d 1280 (Fla. 4th DCA 2017). “§ 735.203(1), Fla. Stat. (2013). The statute provides that the petition must be signed and vérified by the surviving spouse, if any, and any beneficiary not receiving a full distributive share.”

Rosalie Wolf v. Jo Ann Doll (Fla. 4th DCA 2017). “§ 735.203(1), Fla. Stat. (2013). The statute provides that the petition must be signed and verified by the surviving spouse, if any, and any beneficiary not receiving a full distributive share.”

— 735.203(2)(b) — 1 case

Mosley v. Thomas, 402 So. 2d 594 (Fla. 5th DCA 1981). “Section 735.203(2)(b), Florida Statutes (1979), also requires that the petition for summary administration contain a complete list of the assets of the estate, including those assets claimed to be exempt.”

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