The Short Answer

In Florida, you can only get a testate (will-based) summary administration if the court can admit a valid will to probate—typically by filing the original will with the clerk. If you do not have the original will, you may still have options, but the case can quickly shift from a “simple” summary administration into a contested or evidence-heavy probate issue.

What Florida Law Says

Summary administration is Florida’s streamlined probate process for qualifying estates. It is generally available when the estate (excluding exempt property) is under the statutory threshold, or when the decedent has been dead for more than two years. However, if there is a will, the court still needs a legally provable will before it can enter an order distributing assets under that will.

The Statute

The primary law governing eligibility for summary administration is Fla. Stat. § 735.201.

This statute establishes that summary administration may be used when the estate qualifies by value (generally $75,000 or less, excluding exempt property) or when the decedent has been dead for more than 2 years, and (in a testate estate) the will does not require formal administration.

Why the “original will” issue matters

Florida law also requires the custodian of a will to deposit it with the clerk after the testator’s death, and the clerk preserves the original. See Fla. Stat. § 732.901. In practice, if the original can’t be located, you may be forced to proceed as if there is no will (intestate) or litigate whether a copy can be admitted—either way, it can affect who inherits and whether summary administration is even realistic.

Why You Should Speak with an Attorney

Even though summary administration is designed to be simpler, missing-will cases are where “simple probate” often becomes complicated fast. Legal outcomes often depend on:

• Strict Deadlines and Eligibility Rules: Summary administration is only available if the estate meets the conditions in Fla. Stat. § 735.201 (value limits/exempt property calculations and the “more than 2 years” rule).
• Burden of Proof: If the original will is missing, the court may require substantial proof about what the will said, whether it was properly executed, and why the original is unavailable—issues that can trigger objections from family members.
• Exceptions and Disputes: A missing original will can raise arguments that the will was revoked, that a different will exists, or that the estate must pass under Florida’s intestacy rules instead of the copy you have.

Because the “right” approach depends on what documents you have, where the decedent lived, what assets are involved, and whether anyone is likely to object, it’s smart to get a Florida probate attorney involved early to avoid delays, rejected filings, or a distribution order that later gets challenged.

If you want more background reading, see: What to Do If You Can’t Find the Will in Florida and Small Estate vs. Full Probate in Florida: What’s the Difference When You Inherit Assets?.

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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.