Not all Florida probate cases go through the same process. For smaller estates, Florida offers a simplified option called summary administration — and for the families who qualify, it can save significant time and expense.
Here's what summary administration is, who qualifies, how the process works, and when formal administration is required instead.
Two Types of Florida Probate
Florida's probate process comes in two forms:
Formal administration is the full probate process. It involves court appointment of a personal representative, a mandatory creditor notification period, court oversight, and a formal discharge at the end. It typically takes 12–18 months and involves the full statutory attorney fee schedule.
Summary administration is a simplified process for smaller estates. There's no personal representative appointed, the timeline is significantly compressed, and the overall cost is substantially lower.
Who Qualifies for Summary Administration?
Florida Statute § 735.201 sets out the two situations where summary administration is available:
1. The Estate's Probate Assets Are $75,000 or Less
The key figure is the gross value of probate assets — meaning assets that would actually pass through probate. Assets that avoid probate entirely (life insurance with named beneficiaries, retirement accounts, jointly held property, assets in trust) don't count toward this threshold.
A person can have a $500,000 estate and still qualify for summary administration if only $60,000 of it passes through probate. The trust, the beneficiary designations, and the joint accounts aren't counted.
Important: The $75,000 threshold applies to the value of the assets, not the net value after debts. An estate with $70,000 in assets and $50,000 in mortgage doesn't use the net $20,000 — it uses the gross $70,000.
2. The Decedent Has Been Dead for More Than Two Years
After two years, formal administration is no longer available in Florida under most circumstances — but the estate may still need to be opened for specific assets or legal purposes. Summary administration remains available regardless of estate size after this two-year mark.
This situation comes up more often than people expect — when a family discovers assets years after a loved one's death, or when estate administration was delayed.
What Summary Administration Cannot Do
Summary administration is well-suited for straightforward estates. But it's not appropriate in every situation:
A personal representative cannot be appointed. Summary administration doesn't create a personal representative, which means someone can't be formally authorized to take actions in the estate's name — signing contracts, pursuing litigation, managing complex assets. If the estate needs ongoing management, formal administration may be required.
Creditor claims are handled differently. In formal administration, creditors have a limited window to file claims. Summary administration doesn't provide the same claim-cutting mechanism, which means some creditors may retain their rights to pursue claims beyond the administration period.
Not all assets can be transferred. Certain asset transfers require documentation that only comes from a formal administration — some real estate transactions, for example, may require a court order that summary administration doesn't produce.
How Summary Administration Works
The process is simpler than formal administration, but it's still a court proceeding:
Step 1: Petition. An attorney files a Petition for Summary Administration with the probate court in the county where the decedent lived. The petition identifies the decedent, the beneficiaries, and the assets to be distributed. All beneficiaries must sign or their approval must be obtained.
Step 2: Order. The court reviews the petition and — if it qualifies — issues an Order of Summary Administration directing distribution of the assets. No hearing is required in many cases.
Step 3: Distribution. The Order is used to transfer assets — presented to banks, title companies, investment firms, or other institutions to transfer ownership.
The entire process typically takes a few weeks to a few months, compared to 12–18 months for formal administration.
What Does Summary Administration Cost?
Because summary administration is simpler, it costs less — though the exact amount depends on the estate's complexity, the assets involved, and the attorney's fees.
Florida's statutory attorney fee schedule (based on estate value) doesn't technically apply to summary administration the same way it does to formal administration. Attorneys often charge a flat fee or hourly rate for summary administration work.
A typical uncomplicated summary administration might run $1,500–$3,500 in attorney fees, plus court filing fees (generally under $400). Compare that to a formal administration on the same estate, which could cost significantly more and take a year longer.
What If You're Not Sure Which Process Applies?
The determination isn't always obvious — particularly because figuring out which assets count as "probate assets" and toward the $75,000 threshold requires careful analysis.
When a family comes to me after a loved one's death, one of the first things we assess is whether summary administration is available. If it is, it almost always makes sense to use it.
If the estate doesn't qualify, we move forward with formal administration — the process is simply more involved, but it still reaches the same endpoint.
If you're navigating a loved one's estate in Florida, the earlier you get legal guidance, the smoother the process tends to go.
Schedule a consultation to discuss your situation and determine which probate process applies.