Florida Statutes

Fla. Stat. § 735.206 (2025)

Summary administration distribution.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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735.206 Summary administration distribution.—

(1) Upon the filing of the petition for summary administration, the will, if any, shall be proved in accordance with chapter 733 and be admitted to probate.

(2) Prior to entry of the order of summary administration, the petitioner shall make a diligent search and reasonable inquiry for any known or reasonably ascertainable creditors, serve a copy of the petition on those creditors, and make provision for payment for those creditors to the extent that assets are available.

(3) The court may enter an order of summary administration allowing immediate distribution of the assets to the persons entitled to them.

(4) The order of summary administration and distribution so entered shall have the following effect:

(a) Those to whom specified parts of the decedent’s estate, including exempt property, are assigned by the order shall be entitled to receive and collect the parts and to have the parts transferred to them. They may maintain actions to enforce the right.

(b) Debtors of the decedent, those holding property of the decedent, and those with whom securities or other property of the decedent are registered are authorized and empowered to comply with the order by paying, delivering, or transferring to those specified in the order the parts of the decedent’s estate assigned to them by the order, and the persons so paying, delivering, or transferring shall not be accountable to anyone else for the property.

(c) After the entry of the order, bona fide purchasers for value from those to whom property of the decedent may be assigned by the order shall take the property free of all claims of creditors of the decedent and all rights of the surviving spouse and all other beneficiaries.

(d) Property of the decedent that is not exempt from claims of creditors and that remains in the hands of those to whom it may be assigned by the order shall continue to be liable for claims against the decedent until barred as provided in the code. Any known or reasonably ascertainable creditor who did not receive notice and for whom provision for payment was not made may enforce the claim and, if the creditor prevails, shall be awarded reasonable attorney’s fees as an element of costs against those who joined in the petition.

(e) The recipients of the decedent’s property under the order of summary administration shall be personally liable for a pro rata share of all lawful claims against the estate of the decedent, but only to the extent of the value of the estate of the decedent actually received by each recipient, exclusive of the property exempt from claims of creditors under the constitution and statutes of Florida.

(f) After 2 years from the death of the decedent, neither the decedent’s estate nor those to whom it may be assigned shall be liable for any claim against the decedent, unless proceedings have been taken for the enforcement of the claim.

(g) Any heir or devisee of the decedent who was lawfully entitled to share in the estate but who was not included in the order of summary administration and distribution may enforce all rights in appropriate proceedings against those who procured the order and, if successful, shall be awarded reasonable attorney’s fees as an element of costs.

History.—s. 1, ch. 74-106; s. 108, ch. 75-220; s. 48, ch. 77-87; s. 1, ch. 77-174; s. 14, ch. 89-340; s. 1035, ch. 97-102; s. 181, ch. 2001-226.

Note.—Created from former s. 735.07.

Notes of Decisions

Cited in 10 cases (2 in the last 5 years), 1981–2021 · leading case: Correa v. Christensen, 780 So. 2d 220 (Fla. 5th DCA 2001).

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Correa v. Christensen, 780 So. 2d 220 (Fla. 5th DCA 2001). · cites it 2× “Section 735.206(3)(e), Florida Statutes, states: (e) The petitioners for the order of summary administration shall be personally liable for all lawful claims against the estate of the decedent, but only to the extent of the value of the estate of the decedent actually received…”

Amendments to the Florida Prob. Rules, 848 So. 2d 1069 (Fla. 2003). · cites it 2× “Section 735.206(2), Florida Statutes, relating to diligent search for, and service of the petition for summary administration on, reasonably ascertainable creditors is substantive.”

Briscoe v. Florida Nat. Bank of Miami, 394 So. 2d 492 (Fla. 3d DCA 1981). · cites it 2× “(1979)], pass by summary administration [§ 735.206, Fla. Stat. (1979)], or by disposition without administration [§ 735.”

In Re Amendments to the Florida Prob. Rules, 959 So. 2d 1170 (Fla. 2007). · cites it 2× “2005 Revision: Subdivision (a)(3) amended to include requirements of section 735.206(2), Florida Statutes. 2007 Revision: Rule substantially rewritten to require petition to include essentially the same information required to be stated in a petition for administration and to…”

Wallace v. Watkins, 253 So. 3d 1204 (Fla. 5th DCA 2018). · cites it 3× “In addition, the summary administration statute, section 735.206, Florida Statutes (2016), has its own nonclaim provision and a separate provision allowing heirs not included in a summary administration to enforce their rights.”

In re Amendments to the Florida Prob. Rules, 912 So. 2d 1178 (Fla. 2005). · cites it 4× “Section 735.206(2), Florida Statutes, relating to diligent search for, and service of the petition for summary administration on, reasonably ascertainable creditors is substantive.”

In Re: Amendments to the Florida Rules of Civil Procedure, Florida Rules of Gen. Practice & Jud. Admin., Florida Rules of Crim. Procedure, Florida Prob. Rules, Florida Rules of Traffic Court, Florida Small Claims Rules, Florida Rules of Juv. Procedure, Florida Rules of Appellate Procedure, & Florida Fam. Law Rules of Procedure (Fla. 2021). · cites it 2× “Section 735.206(2), Florida Statutes, relating to diligent search for, and service of the petition for summary administration on, reasonably ascertainable creditors is substantive.”

Amendments to the Florida Prob. Rules, 824 So. 2d 849 (Fla. 2002). · cites it 2× “Section 735.206(2), Florida Statutes, relating to diligent search for, and service of the petition for summary administration on, reasonably ascertainable creditors is substantive.”

Moreno v. Thompson, 456 So. 2d 976 (Fla. 3d DCA 1984). · cites it 2× “We hold that the trial judge was correct in ruling that the claim is barred by Section 735.206(3)(f), Florida Statutes (1981).”

— 735.206(2) — 6 cases

Amendments to the Florida Prob. Rules, 848 So. 2d 1069 (Fla. 2003). “Section 735.206(2), Florida Statutes, relating to diligent search for, and service of the petition for summary administration on, reasonably ascertainable creditors is substantive.”

In Re Amendments to the Florida Prob. Rules, 959 So. 2d 1170 (Fla. 2007). “2005 Revision: Subdivision (a)(3) amended to include requirements of section 735.206(2), Florida Statutes. 2007 Revision: Rule substantially rewritten to require petition to include essentially the same information required to be stated in a petition for administration and to…”

In re Amendments to the Florida Prob. Rules, 912 So. 2d 1178 (Fla. 2005). “Section 735.206(2), Florida Statutes, relating to diligent search for, and service of the petition for summary administration on, reasonably ascertainable creditors is substantive.”

In Re: Amendments to the Florida Rules of Civil Procedure, Florida Rules of Gen. Practice & Jud. Admin., Florida Rules of Crim. Procedure, Florida Prob. Rules, Florida Rules of Traffic Court, Florida Small Claims Rules, Florida Rules of Juv. Procedure, Florida Rules of Appellate Procedure, & Florida Fam. Law Rules of Procedure (Fla. 2021). “Section 735.206(2), Florida Statutes, relating to diligent search for, and service of the petition for summary administration on, reasonably ascertainable creditors is substantive.”

— 735.206(3)(e) — 1 case

Correa v. Christensen, 780 So. 2d 220 (Fla. 5th DCA 2001). “Section 735.206(3)(e), Florida Statutes, states: (e) The petitioners for the order of summary administration shall be personally liable for all lawful claims against the estate of the decedent, but only to the extent of the value of the estate of the decedent actually received…”

— 735.206(3)(f) — 1 case

Moreno v. Thompson, 456 So. 2d 976 (Fla. 3d DCA 1984). “We hold that the trial judge was correct in ruling that the claim is barred by Section 735.206(3)(f), Florida Statutes (1981).”

— 735.206(4)(f) — 1 case

Wallace v. Watkins, 253 So. 3d 1204 (Fla. 5th DCA 2018). “In addition, the summary administration statute, section 735.206, Florida Statutes (2016), has its own nonclaim provision and a separate provision allowing heirs not included in a summary administration to enforce their rights.”

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