Summary administration vs. formal administration in Florida
When a person passes away in Florida, their estate may need to go through probate if assets are not jointly owned or do not have a designated beneficiary. There are two main probate processes in Florida: Summary Administration and Formal Administration. Choosing the right type is essential for the efficient and lawful distribution of assets. A qualified Florida Probate Attorney can help you determine the best course of action.
What is probate administration?
Probate is the legal process through which a deceased person’s estate is settled and distributed. If the decedent owned real property or other assets without a joint owner or payable-on-death beneficiary, probate becomes necessary. Florida law provides two main probate options: Summary Administration, which is quicker and simpler, and Formal Administration, which is more comprehensive.
Summary vs. Formal Administration Procedure
Summary administration
Summary administration is appropriate when the total value of the estate subject to probate is $75,000 or less, or if the decedent has been deceased for more than two years. The process involves:
- Preparation of court documents
- Signature and agreement by all beneficiaries
- Publication of notice to creditors (if required)
- Determination of homestead (if applicable)
- Final distribution of assets based on court approval
Formal administration
Formal administration is required for larger estates or when a personal representative (executor) is necessary. The process includes:
- Filing initial probate documents
- Appointment of a personal representative by court order
- Publication of notice to creditors
- Inventory and valuation of assets
- Determination of homestead and tax return filings
- Sale of property, if needed
- Final payment to creditors and asset distribution to beneficiaries
Cost and timeline for each probate method
Summary administration
- Court Cost: Typically ranges from $300 to $500 + attorney fees
- Timeframe: Around 3 to 6 months, depending on complexity
- Note: If a will is contested or litigation arises, the case may need to convert to formal administration
Formal administration
- Court Cost: $400 + attorney fees and additional procedures
- Timeframe: May take between 6 and 18 months, depending on the size of the estate and any legal issues
- Note: The estate cannot be closed while litigation is pending
Comparison of Summary and Formal Administration
| Feature | Summary Administration | Formal Administration |
|---|---|---|
| Eligibility | Estates under $75,000 or death over 2 years ago | Larger estates or legal complexities |
| Timeframe | 3 to 6 months | 6 to 18 months |
| Court Cost | Around $300 to $500 | $400 |
| Personal representative | Not appointed | Required and court-appointed |
| Letters of administration | Not issued | Issued by the court |
| Complexity | Lower | Higher |
| Ideal for | Simple, uncontested estates | Larger, disputed, or complex estates |
Pros and cons
Each type of administration has its own benefits and limitations.
Summary administration
-
- Faster and generally less expensive
- Fewer documents and legal formalities
- Suitable for smaller or older estates
However, it does not allow for the appointment of a personal representative, which can be a drawback if you need access to financial records or wish to initiate litigation. Institutions are not legally required to release information to anyone who isn’t a court-appointed representative. Additionally, Letters of Administration are not issued in summary proceedings.
Formal administration
- Provides a court-appointed personal representative with authority to manage the estate
- Enables access to financial records and other sensitive information
- Suitable for complex, contested, or higher-value estates
While formal administration is more time-consuming and costly, it offers a more comprehensive legal structure and is necessary when litigation or asset investigation is required.
FAQs
Do I always need a personal representative?
No. Summary administration does not appoint one. However, formal administration does and is required in cases involving litigation or large assets.
Can I start with summary administration and later switch?
Yes, especially if issues arise that require court oversight or if creditor claims emerge.
Speak with a Florida probate attorney
Deciding between summary and formal administration depends on your specific situation. If you are unsure, consulting an experienced probate lawyer in Florida is your best next step. The right legal guidance can simplify the process and help you avoid costly delays.
Contact a Florida probate attorney today to learn more about which probate option is right for your case. Feel free to reach out to us today at 727-235-6005, or contact us to schedule a consultation.
