Understanding Florida’s Summary vs. Formal Administration for Probate
- twarnock16
- Jun 4
- 2 min read
Which Probate Process Applies to Your Loved One’s Estate?
When someone passes away in Florida, their assets often need to go through probate—a court-supervised process for identifying, gathering, and distributing a person’s assets after death. But not all probate cases are the same. In Florida, there are two main types of probate administration: Summary Administration and Formal Administration. Understanding the differences between the two can help you choose the most efficient and cost-effective path forward during a difficult time.
What Is Summary Administration?
Summary administration is a simplified probate process available in certain situations. It’s generally faster and less expensive than formal administration, making it an attractive option when it applies.
Summary administration may be used if:
The total value of the probate estate is $75,000 or less, excluding exempt property, or
The decedent has been deceased for more than two years (regardless of estate value).
In a summary administration, there is no personal representative (executor) appointed. Instead, the court issues an order that directs the distribution of assets to the rightful beneficiaries. This means less paperwork, fewer formalities, and faster resolution—sometimes in as little as a few weeks.
However, because there is no personal representative, it can be more difficult to deal with creditors, locate hidden assets, or manage property sales. It’s best suited for straightforward estates with clearly known assets and few or no debts.
What Is Formal Administration?
Formal administration is the standard and most comprehensive type of probate in Florida. It’s required when:
The estate exceeds $75,000 in non-exempt assets, and/or
The decedent passed away within the last two years.
In a formal administration, the court appoints a personal representative to manage the estate. This person is responsible for:
Gathering and inventorying the decedent’s assets,
Notifying creditors,
Paying valid debts and expenses,
Distributing the remaining assets to beneficiaries.
While formal probate takes longer—often six months to over a year—it offers more oversight, protection, and tools for handling complex or contested estates. It’s the best route when the estate includes real property, substantial assets, or potential disputes among heirs or creditors.
Choosing the Right Path
Deciding between summary and formal administration depends on a variety of factors:
The total value and nature of the estate
How long it has been since the decedent passed away
Whether creditors are involved
Whether asset distribution is straightforward or contested
If you’re unsure which option fits your situation, an experienced probate attorney can evaluate your case and help you proceed with confidence. Filing for the wrong type of administration can delay the process and add unnecessary expense.
Need Help Navigating Probate in Florida?
At The Warnock Law Group, we help families throughout Florida understand their options and guide them through the probate process—whether it’s a quick summary administration or a more complex formal case. Let us take the burden off your shoulders and help you handle the estate efficiently and respectfully.
Contact us today to schedule a consultation and get clear guidance on the next steps for your loved one’s estate.
For a free consultation regarding Probate or for further help with the Probate process please contact us at:
(239) 437-1197
6843 Porto Fino Cir,
Fort Myers, FL 33912, USA
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