Florida offers a shorter, simpler form of probate — summary administration — for smaller or older estates. Here is a plain-language look at how it works and when it may apply.
Florida law provides two primary forms of probate: formal administration and summary administration. Formal administration is the traditional, fuller process. Summary administration is a streamlined alternative that can save families considerable time and expense when an estate qualifies.
When does summary administration apply?
Summary administration is generally available in two situations: when the value of the probate estate (not counting property that is exempt, such as Florida homestead) is below the statutory threshold, or when the person passed away more than two years ago. Because the specific dollar threshold and requirements are set by statute and can change, it is always wise to confirm eligibility with an attorney.
How it differs from formal administration
The most significant difference is that summary administration does not require the court to appoint a personal representative to manage the estate over time. Instead, the process is resolved through a petition that, once approved, directs how the assets are to be distributed — often in a single court order.
The general process
- —A petition for summary administration is filed with the court
- —The petition is typically signed by the surviving spouse and beneficiaries
- —Known creditors are addressed as required by law
- —The court enters an order distributing the estate’s assets to those entitled to them
Things to keep in mind
Summary administration can be faster and less costly than formal administration, but it is not the right fit for every estate. Larger estates, ongoing creditor issues, or disputes among heirs may call for formal administration instead. An attorney can review the circumstances and recommend the most efficient path.
If you are settling a loved one’s estate and wonder whether summary administration is an option, Hill & Hill can help you understand your choices and guide you through the process.