Summary Administration v. Formal Administration
The ultimate guide to your Florida probate options.
Problem: Clients frequently misunderstand the difference between summary administration and formal administration.
Objective: Clarify the differences and help clients understand which option might suit them best.
Note: This guide is best read on a large screen (laptop or desktop).
What are my probate options?
In Florida, there are two (2) actual forms of probate: Summary Administration & Formal Administration
Strictly speaking in terms of eligibility – carefully noting that eligibility does not necessarily make the wisest option:
An estate must contain less than $75,000 in non-exempt assets OR the decedent must have died more than 2 years from the date of filing.
All estates are eligible for formal administration. There is no restriction for the use of this type of probate.
No. Summary Administration procedure was not designed for the actual appointment of a PR. It is meant for the direct distribution of assets to heirs and does not grant any further administrative powers of PR to you.
Yes, if you’re eligible to serve.
Summary Administration is faster (but you are very limited as to what you can accomplish).
If Summary Administration is faster, why would anyone choose Formal Administration?
In summary administration, no personal representative is appointed. An appointed PR is issued “Letters of Administration” which are effectively a license to act freely on behalf of the decedent’s estate.
If you are not the appointed PR:
- It is difficult to uncover and find all assets of the decedent
- Banks and other authorities will not freely discuss any of the decedent’s affairs (most notably, mortgage lenders/banks)
- Paying off or settling creditor claims is cumbersome and difficult
- You have no power to sue or defend the estate against claims
- You have no power to liquidate stocks/bonds within brokerage accounts
- If, after summary administration is completed, you later discover new assets, you have reopen and amend your summary administration pleadings. You would have to do this every time you discovered a new asset.
Is it true I don’t have to pay creditors if I choose summary administration?
No, not even a little bit.
No, the existence of a Will does not have any effect on the choice of Florida probate procedure.
Skip to Other Commonly Asked Questions
These are a handful of the many common questions about Florida probate law that we field every day.
- What are “Letters of Administration“?
- How much does probate cost?
- What is Formal Administration?
- What is Summary Administration?
- Do I need to come to Florida for probate?
- If the Will says I’m the Personal Representative, why do I need probate?
- What are the risks of starting probate too soon?
- Do I need probate if there is no Will?
- Do I actually need probate?
If the only asset requiring transfer was the decedent’s homestead property (principal residence), and the heirs to the estate are the spouse, children, siblings, etc., then summary administration will usually get the job done.
Need reasons to contact us?
How about 600 of them?
- We have helped over 600 clients effectively and efficiently handle their probate cases.
- It’s a completely free, zero-obligation, 20-minute phone consultation.
- You’ll find out ASAP if probate is even necessary.
- We try to give everyone a workable solution for their specific case (including solutions that don’t require an attorney).
- Fill out the form and you automatically get a free copy of our probate ebook (see more below).
INSTANT DOWNLOAD: Understanding Florida Probate Law
In addition to setting up your free phone consultation, you’ll also receive a free copy to our popular ebook, “Understanding Florida Probate Law” (downloaded over 5,000 times since 2008). Inside you’ll learn more about:
- Types of probate
- Real world probate scenarios
- When probate makes sense
Here’s what to expect:
- Fill out this form and you’ll receive an immediate confirmation email
- Typically, within one (1) business day, an attorney will review your submission and prepare for a consultation
- If a short email response will do, an attorney will reply directly to you.
- If your case calls for a full consultation (and quote), an attorney will reach out to you.
- If you aren’t available to talk, we will happily reschedule!
- After your consultation, the attorney will issue you a quote!
- We offer Flat Fees on all uncontested matters!
Hear a brief welcome clip from Long.