Formal Administration vs. Summary Administration in FL: Which One Applies to Your Deceased Loved One’s Estate?

Get The Legal Help You Need

By Gary M. Landau, Esq.

Call (954) 979-6566 Today
Formal Administration vs. Summary Administration in FL: Which One Applies to Your Deceased Loved One's Estate?

After a person dies, their home, bank and investment accounts, and other property in that person’s name generally requires a probate before family or other beneficiaries can access them. In Florida, the probate process that legally transfers the assets to heirs is generally done either through a formal administration or a summary administration process.

When comparing formal administration vs. summary administration, one key difference is that a personal representative is appointed with formal administration to handle the estate during the probate process. Summary administration, by contrast, which involves fewer steps and a generally shorter timetable, distributes assets without anyone in that role.

Which process an estate can use is largely determined by Florida probate law.

Eligibility for a summary administration depends on the value of the assets after exempt property is subtracted, how long the person has been deceased, the complexity of their assets and/or creditor situation and, because of a recent change in the law, the date of the person’s death.

Even when an estate otherwise qualifies for summary administration, formal administration is advised in some cases, especially when legal authority is needed to obtain financial records, manage or sell property, or address creditor claims.

The Law Office of Gary M. Landau works with clients and prospective clients to review their loved one’s estate and assist in determining which process is best. Call (954) 979-6566 or complete our online form today to schedule a no-cost consultation.

At-a-Glance Overview:

  • Formal administration appoints a personal representative (referred to as a “PR”) to administer the estate during the probate process.
  • Summary administration distributes assets without appointing a personal representative.
  • For people who died on or after July 1, 2026, estates with probatable assets valued at $150,000 or less qualify for summary administration.
  • Estates of someone who died before July 1, 2026, remain subject to the former $75,000 threshold for summary administration, even if the probate begins after that date.
  • An estate may qualify for summary administration when the person has been deceased for more than two years, regardless of its value.
  • Not every estate that otherwise qualifies for summary administration is best handled that way. Probate judges consider other factors, such as having a large number of creditors, in determining whether formal administration is required.
  • Formal administration may be needed when someone must locate, protect, manage, or sell estate assets during the probate process.

How Does Florida Law Determine Which Process Is Available?

Whether an estate can use a summary administration is determined by law, specifically Florida Statute § 735.201. A change in the Florida law enables estates to qualify when the value of assets subject to probate (which excludes assets like life insurance payments) does not exceed $150,000 for deaths on or after July 1, 2026. The former limit of $75,000 continues to apply for deaths before July 1, 2026.

Note that the date of the person’s death controls which threshold applies, not the date the probate petition is filed. This distinction is important because probates are sometimes opened months or even years after someone dies.

Estates can use summary administration in other cases as well, such as when the person died more than two years earlier, even when the probatable estate exceeds the money threshold.

Less commonly, people can dictate that formal administration must be used in their will (subject in certain situations to the judge’s discretion), even if the estate otherwise qualifies for summary administration.

What Is the Difference Between Formal and Summary Administration?

Summary administration involves fewer steps and requirements compared to formal administration. For example, the requirement to publish a notice to creditors applies only to formal administrations.

Another key difference is whether a personal representative (PR) is appointed. During a formal administration, the probate court appoints a personal representative (PR), who is legally in charge of all aspects of the probate. After the PR is appointed and issued “letters of administration” from the court, the probate begins.

These letters allow the personal representative to prove to outside entities that they have authority to act in the name of the estate. The PR can obtain financial records, protect property, get information about owned real estate, deal with creditors, sell assets, and ultimately distribute property to the beneficiaries. A Florida probate attorney represents the personal representative. Throughout the process, the attorney educates the PR about their role and prepares required documents.

Summary administrations do not have a personal representative or letters of administration. Instead, family members prepare a petition identifying the estate’s assets, the people who will inherit them, and how the assets will be distributed. If the probate court approves the petition, the distribution follows.

Most summary administrations are faster and less expensive when the assets are known and ready for distribution. In some cases, though, not having a personal representative prevents family members from acquiring needed information from banks and other financial institutions.

Which Assets Count Toward the Summary Administration Limit?

Not everything a person owned before their death counts as probate assets in Florida for the purposes of determining whether summary administration can be used. Probatable assets generally include bank and investment accounts held solely in the decedent’s name (that don’t have a beneficiary designation), real estate titled in certain ways, vehicles in their name, personal property they owned, and business interests with no clear legal way of transference.

Other property that can pass to others outside the probate process does not count. For example, assets properly held in a revocable living trust pass to the successor trustee(s) without probate. Bank and investment accounts with payable-on-death designees also go directly to the people named. Life insurance policies are sent directly to named beneficiaries. And some real estate transfers automatically, depending on how it is deeded.

Florida also has a special designation for a person’s primary home in the state, known as homestead property. Qualifying homesteads are generally excluded from the value calculation, although the family generally needs the probate court’s permission to transfer or sell it.

Determining what assets count in a probate calculation is not always as simple as adding account balances and property values. The wording on a deed, bank or investment account, and other factors can change whether an asset belongs to the probate estate and, in turn, whether summary administration is available.

Even when someone has a revocable living trust they may not have put all their assets in the trust, and those assets must be probated. (This assumes the documents creating the trust are at hand; many clients have come to our firm over the years not knowing where the documents are, because they may have been created decades ago for the now-deceased parent. Yet the person cannot directly receive the trusts’ assets without them.)

When Does Summary Administration Work Well?

Summary administration can be ideal when the family knows what the person owned, the assets can be easily valued, and there are a limited number of creditors to be paid. The law expanding the value of probate assets qualifying for summary administration–raising it from $75,000 to $150,000–will enable more families to take advantage of this process.

Summary administrations begin with the filing of what’s called a petition for summary administration, along with the person’s will. The petition asks the probate court to approve the distribution of assets according to the will (or state law if no will exists) without appointing a personal representative. The petition identifies the assets, their values, the beneficiaries, and the proposed distribution. Florida law determines who must sign or join the petition and others who must receive formal notice. This generally includes the surviving spouse, children, and other beneficiaries.

Known creditors must still be paid when using a summary administration. Florida Statute § 735.206 requires the petitioner to identify known or reasonably ascertainable creditors (the rehab center the person was in before they died, for example), serve them with the petition, and arrange for valid debts to be paid from the estate’s assets.

After these steps, assuming the petition and supporting documents meet Florida’s legal requirements, the probate court enters what’s called an order of summary administration. The beneficiaries can then present the order to the banks and others holding property to receive their inheritance.

Summary administrations typically conclude more quickly than a formal probate, often within a few months. The actual timetable depends on the assets, creditors, calendar of the probate court, whether everyone with an interest in the estate cooperates, and other issues.

When Is Formal Administration Necessary or More Practical?

Formal administration generally applies to probate estates that do not qualify for summary administration. (A few estates qualify for other Florida probate processes, including an ancillary administration for someone who lived outside of Florida but owned real estate in the state, and disposition without administration, for extremely small estates.)

In limited circumstances, formal administration is needed even when summary administration is available, especially if someone requires the legal authority to investigate, collect, manage, or sell estate assets. Say a family knows the deceased person had a bank account but not its balance, or even which bank it is in. Banks often refuse to release that information to anyone but a court-appointed personal representative holding letters of administration. Yet without knowing account balance, the family cannot determine the value of the probate estate or complete an accurate petition for summary administration.

A personal representative of an estate in Florida is legally able to obtain financial records, collect and protect assets, manage property, address creditors (including challenging questionable claims), and otherwise act on behalf of the estate.

Some situations where formal administration is best, even for estates assumed to be below the $150,000 threshold:

  • The full extent or value of the probate assets cannot be ascertained.
  • A financial institution requires letters of administration before releasing information.
  • Real estate or business interests must be managed or sold before distribution.
  • The estate must collect money or pursue a legal claim.
  • Creditor claims are numerous or disputed.
  • Beneficiaries disagree about the will or proposed financial distribution.
  • A will contest or other probate litigation is likely.
  • One or more beneficiaries cannot be located (or, in some cases, identified).

Formal administration involves more steps, filings, and court oversight than a summary, and so generally takes several months longer.

How Are Creditors Handled in Each Process?

Regardless of the type of probate used, valid creditors owed money by a deceased person must be paid.

Formal administration involves a more structured creditor process. The personal representative searches for known or reasonably ascertainable creditors, serves each a notice, and also publishes a “notice to creditors” in the media. This publication starts a three-month period where creditors can file claims against the estate. (Creditors who receive individual notices generally have a different deadline under Florida law.)

The PR and probate attorney review the claims, pay valid debts from estate assets, and/or challenge claims that should not be paid. Only after creditor claims and other expenses are addressed can the remaining property be distributed.

Summary administration has a different procedure. Known or suspected creditors must be contacted and paid, but no formal publication or three-month waiting period occurs. Still, if assets are distributed without properly addressing valid claims, beneficiaries can face subsequent personal liability.

An estate with disputed debts or extensive creditor issues may need the authority and procedures available through formal administration, even if it otherwise qualifies for summary administration.

How Does a Probate Attorney Help Determine Which Type of Probate Applies?

Probate attorneys carefully evaluate which administration is best for a given estate. The attorney reviews the death certificate, will, deeds, account records, beneficiary designations, debts, and family circumstances. The attorney helps identify which assets require probate and what their correct value is, including whether homestead or other property should properly be excluded.

The attorney also examines what must happen before distribution. If the assets and beneficiaries are known and the property can easily be transferred, summary administration is likely best. But if someone must obtain records, manage property, resolve complex claims, legally act for the estate, or search for beneficiaries, formal administration may be needed.

Carefully determining which is right before filing with a probate court helps to prevent situations where a family starts a summary administration but later finds the method does not provide the legal authority needed to finish the probate, which must then be switched to a formal.

Frequently Asked Questions

Is formal administration required when an estate exceeds $150,000?

Not always. First, only probatable assets count towards that threshold. Second, an estate may qualify for summary administration when the person has been dead for more than two years, regardless of the asset value. The date of death, terms of the will, and needs of the estate are other considerations.

Does summary administration avoid probate?

No, because summary administration is a form of Florida probate. A petition is filed with the probate court, and a judge enters an order distributing the assets. It is a faster and simpler probate method for estates that don’t require formal administration.

Is a personal representative appointed in summary administration?

No. The court distributes assets directly to beneficiaries without appointing a personal representative or issuing letters of administration.

Can summary administration be used if the person owned a home?

Owning a home does not automatically require formal administration. How the property is titled, whether it is a homestead under Florida law, the value of other assets, the person’s date of death (which dictates whether the newer threshold or older one must be used), and other factors all are part of the calculation.

Do you need a probate lawyer for summary administration?

Florida law requires an attorney only for formal administrations. It is the  personal representative who becomes the client of the lawyer. That said, most people hire a lawyer even for summary administration estates. Probates of any kind can be confusing, with the need to identify all probate assets, address homestead questions, pay creditors, prepare court filings, and other actions. Experienced probate attorneys help with all these steps, helping family members avoid mistakes and delays.

Find Out Which Probate Process Applies to Your Family Member’s Estate

The difference between formal and summary administration affects whether someone has authority to act for the estate, how creditor claims will be handled, and how the assets reach the beneficiaries. The Law Office of Gary M. Landau works with clients to review the will, assets, debts, homestead property, and the date of death to help determine which Florida probate process is best in each situation.

Call (954) 979-6566 or complete our online form today to schedule a consultation at no cost. We work with our clients in person, by phone, or on Zoom.

The LAW OFFICE OF GARY M. LANDAU, P.A. assists families in Coral Springs, Parkland, Broward County, and throughout Florida. With more than 25 years of experience handling Florida probate matters in nearly every county in the state, attorney Gary M. Landau can help you complete a formal administration, summary administration, or another estate procedure based on your family’s circumstances.

The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction.

LAW OFFICE OF GARY M. LANDAU, P.A.
7401 Wiles Road, Suite 204
Coral Springs, FL 33067
(954) 979-6566
https://www.garylandau.com/

0/5 (0 Reviews)

Frequently Asked Questions

A will is the simplest way to ensure that your funds, property and personal things will be distributed after your death the way you want them to. Even if you have very few assets, you will benefit from having a will. About half of all Americans die without a will (known in legal terminology as dying intestate). Without a will to indicate your wishes, the court steps in and distributes your property according to state law. A will ensures that your assets will be given to family members or other beneficiaries you designate.

 

Having a will is doubly important if you have young children. One section of the will allows you to designate a guardian for them in the event of your death. Without a will, the court will appoint a guardian for your children, who may not be the person you desire.

Many Florida residents have out-of-state wills, drawn up while they were still living among the hills of North Carolina or the hubbub of New York. If the will was valid according to your old state’s laws at the time you made it, it is still legal in Florida. However, if you are a Florida resident, you may benefit greatly by having a new will drawn up in Florida, because it will likely be more easily admitted to probate.

 

It is important to know that each state has its own requirements for what makes a will a legally binding document. For example, Florida doesn’t recognize handwritten wills that haven’t been witnessed (known as “holographic wills”), or oral wills not put into writing, even if other states okay them. There’s also the matter of Florida estate law. In this state, for example, your surviving spouse is entitled to 30 percent of your net probate estate, regardless of what you say in your will. The spouse may also have a “Homestead” interest in property you share here, even if you want your house to go to someone else. In fact, all real property owned in Florida will be subject to this state’s laws, even if you’re a snowbird maintaining a residence in the state where your will was drawn up. Other peculiarities also exist, which is why a Florida will could make things much easier for your heirs.

 

If you would like to have me review your current out-of-state will, I am happy to do so without charge. If it turns out to be in accordance with Florida state laws and procedures, you can continue to rely on it. If not, however, your heirs would rather you discover that now.

It is a good idea to re-read your will every few years to be sure it reflects up-to-date realities (you may not want to leave your heirloom to a niece you are no longer speaking to, nor have someone be named your child’s guardian if they have taken seriously ill since you drafted your will). It is especially important to reexamine your will if:

 

  • You have gotten married since it was last drafted;
  • You have made bequests to people who have fallen out of your favor or are no longer living (I recently updated the will of a man who had left everything to his first wife, who was long deceased), or you have not included people who are now dear to you;
  • You would like to change the person named as the personal representative of the estate. (Note: Florida law does not allow a nonresident of the state to serve in this position, unless it is an immediate family member or certain other relatives);
  • You have acquired pricey or sentimental items that are not accounted for in your will. Do note, though, that Florida law allows you to attach a separate personal property memorandum to your will, detailing who will get which specific items. This list can be changed whenever you want.

Perhaps I should answer this question with where not to store it: in a bank’s safety deposit box. Although it may seem logical to put this with your other important papers, it is often difficult for your heirs to gain access to the box once you die, since the box is sealed then and must be opened in the presence of a bank employee.

 

One good option is to leave your original will with the attorney who drafted it, making copies for your personal representative and other important relatives and letting them know who has the original. For my clients who prefer that I store their original will, I keep it in a fireproof will vault in my office, or in the vault in my bank.

 

As an alternative, you could store the will in a fireproof box or vault in your own home.

 

Wherever you store it, be sure to let your personal representative and other close relatives know where you have put it!

Probate is when the court oversees your assets and liabilities after your death. During probate, the court makes sure that your will is valid and acceptable; that all debts, bills, creditor’s claims, and taxes are paid from your estate’s assets; and that your remaining assets are distributed to your beneficiaries according to your will (or, if no will exists, by Florida law).

 

Probate usually does take longer than most beneficiaries would like. But in order to ensure that everyone with a right to a claim is included in the process, the court requires several steps. If the size and complexity of your estate are minimal, however, the entire process of probate can take as little as a few months. Larger estates that are subject to IRS estate taxes or those involving litigation on the part of creditors or heirs generally take longer, often one or more years.

 

To speed the process along for simple and small estates, the courts allow a shortened form of probate, known as “summary administration,” which requires much less paperwork and time.

A personal representative (PR) is a friend or relative, or an attorney or bank, who is put in charge of the estate until all matters regarding the probate are resolved. (In other states, this person is sometimes called an executor or administrator.) The job of the PR includes identifying all assets, searching for creditors and paying valid claims, filing required estate tax returns if the estate is large enough (the figure escalates over time, according to Congressional laws), coordinating with the probate court and attorneys, and overseeing the distribution of assets–all done under the guidance and assistance of a qualified attorney.

 

Serving as a PR is an important role, and such a person should be selected with care as to who is most willing and best able to serve in this position. By Florida law, your personal representative must be over 18 years of age, and be a blood relative, your spouse, the parent or child of your spouse, or a Florida resident.

Generally, no. If you co-own all property via such legal structures as “tenancy by the entirety” or by “joint tenancy with right of survivorship” the property immediately passed to you upon your spouse’s death. Proof of death is usually all that is needed to pass such jointly owned title for cars, stocks, and other personal property to the surviving spouse.

 

But if even one asset was held solely in the deceased person’s name, or any property is owned in the form of a “tenancy in common,” that estate will be required to go through probate. If the assets are limited, the shorter, simpler form of probate is generally all that is required.
Scroll to Top