Formal Administration vs Summary Administration in Florida
Florida probate is the legal process by which the court identifies and gathers together the deceased’s assets, gets any necessary outstanding debts paid, and completes distribution of assets to the rightful beneficiaries. The Florida probate process is complex – one of the first hurdles to get over is actually understanding that there are two different types of probate administration: formal administration, and summary administration.
Formal probate administration is the traditional path. However, some estates do qualify to complete a summary administration instead. As a simplified form of the traditional, formal process, many people choose to pursue summary administration instead when the estate qualifies for it.
Save yourself some time, and read this quick article that will run you through some basics that will help you understand whether pursuing formal administration, or summary administration, might be right for you. For specific advice on your own nuanced case, contact the esteemed wills & probate attorneys at Suncoast Civil Law.
This type of administration in Florida starts by filing a petition to open a probate estate and appointing a personal representative (also called an executor). Florida summary administration is a simplified form of probate. As opposed to the formal type of administration, the summary version does not require the appointment of a personal representative, and this helps expedite the process and make it less expensive and time-consuming. This option is only available when a decedent has been dead for over two years, or the total value of their probate assets is $75,000 or less. In this article, we examine the difference between these two types of administration in the state of Florida.
The Formal Administration Process in Florida
Most estates in Florida undergo the formal probate process. In Florida, the formal probate administration process involves court supervision and the appointment of a personal representative. Those taking an estate through Florida’s probate process should expect the following steps:
- Preparation of documents
- Execution of documents by beneficiaries
- Appointment of a personal representative
- Publication of notice to the decedent’s creditors
- Inventory of the estate assets
- Setting aside estate assets for later distribution
- Payment to creditors, which might require a sale of estate assets
- Distribution of assets to beneficiaries
- Finalization of probate and distribution of the estate
There are potential additional steps as well, dependent on the details of the estate at hand. Speak to an experienced wills & probate attorney for formal advice in your own case.
Formal Probate Cost and Time Frame
Every estate is different. However, the cost of putting an estate through the formal probate process will usually be over $500 and take between 6 and 18 months to complete.
The Summary Administration Process in Florida
Summary administration is a simplified probate process, and is available to some estates that meet certain requirements. This simplified probate option is only available when the deceased person passed away over two years ago, or if the total value of the estate assets is $75,000 or less. Summary probate in Florida consists of the following steps:
- Execution of documents by beneficiaries
- Publication of notice to creditors (if it has been under two years since the decedent passed away) and if there is homestead property
- Distribution of funds to beneficiaries and creditors
There is more detail that anyone pursuing this process will need to understand – contact an experienced wills & probate attorney for more information.
Contact Suncoast Civil Law
Whatever your estate needs – the experienced Sarasota wills & probate attorneys at Suncoast Civil Law have the experience and knowledge to guide you exactly where you need to go. Contact our office today to begin discussing your case.
Sources:
floridatoday.com/story/news/2025/02/08/estate-planning-protect-your-familys-future-with-10-timeless-tips/78298246007/
help.flcourts.gov/Other-Resources/Probate