Understanding Florida Probate: Formal vs. Summary Administration | F&L Law Group, Fort Myers, FL

Описание: When someone passes away in Florida, their estate typically goes through probate, but not all probate cases follow the same path. Florida offers two distinct types of probate administration: formal administration and summary administration. Understanding the differences between these processes helps families choose the most efficient and cost-effective option for settling their loved one's estate.​

What is Summary Administration?

Summary administration is Florida's simplified probate process designed for smaller estates or estates where the decedent has been deceased for an extended period. This streamlined option is available when the value of the estate's non-exempt assets is $75,000 or less, or when the decedent has been dead for more than 2 years. When calculating the $75,000 threshold, exempt property such as protected homestead property and personal vehicles are not counted.​

Summary administration does not require appointing a personal representative. Instead, the court issues an Order of Summary Administration that directly distributes assets to heirs or beneficiaries. The process involves filing a petition with the court and providing formal notice via certified mail to interested parties, including beneficiaries, heirs, and known creditors. These parties have 20 days to object, though this waiting period can be avoided if they sign waivers agreeing to the proceeding.​

Summary administration typically takes a few months to complete and costs significantly less than formal administration. Court filing fees are typically under $350, attorney fees should not exceed $3,500, and publication costs for creditor notice generally stay below $250. This makes summary administration the fastest and most affordable probate option for eligible estates.​

What is Formal Administration?

Formal administration is Florida's traditional probate process used for estates that don't qualify for summary administration. Any estate with non-exempt assets exceeding $75,000 must go through formal administration, as must estates where the decedent has been deceased for less than 2 years and assets exceed this threshold.​

Formal administration requires the court to appoint a personal representative who manages the entire estate administration process. This personal representative bears significant responsibility for collecting and distributing assets, settling creditor debts, paying final bills and taxes, and ensuring compliance with all legal requirements. Personal representatives typically must post a bond or place assets into restricted depository accounts that can only be accessed by court order, providing protection against mismanagement.​

The formal administration process involves multiple steps including locating and notifying all heirs and beneficiaries, gathering estate assets, preparing an inventory, publishing notice to creditors, paying all debts and taxes, submitting a final accounting to the court, and distributing assets to beneficiaries. Creditors have 90 days to file claims against the estate after proper notice. Formal administration typically takes 6 to 18 months to complete, though complex estates involving disputes or complications can take longer.​

Key Differences Between the Two Processes

The primary differences center on complexity, cost, and duration. Summary administration offers simplicity, speed, and lower costs for smaller estates, while formal administration provides comprehensive court supervision for larger or more complex estates. Summary administration requires no personal representative, while formal administration mandates court-appointed representation with ongoing oversight. Summary administration completes in 1 to 2 months, while formal administration requires a minimum of 6 months.​

How F&L Law Group Can Help

At F&L Law Group, our experienced probate attorneys serve families throughout Fort Myers, Port Charlotte, and Naples with decades of combined experience navigating Southwest Florida's probate courts in Lee, Charlotte, and Collier Counties. We evaluate your specific situation to determine whether summary administration or formal administration best serves your family's needs and interests.​

For estates qualifying for summary administration, we handle all petition preparation, creditor notifications, and court filings to expedite the process and minimize costs. For estates requiring formal administration, we guide personal representatives through every step of the complex process, ensuring full compliance with Florida probate laws while protecting the estate from creditor claims and potential disputes.​

Our client-centric approach means we truly listen to your family's unique circumstances and provide personalized legal strategies tailored to your situation. Through our convenient client portal, you stay informed about your case status at every step, and our team is always available to answer questions during this difficult time.​