When a loved one passes away in Florida, their estate often must go through probate, which is the legal process that settles debts and distributes assets to beneficiaries. For qualifying estates, summary administration in Florida provides a streamlined, faster, and less expensive alternative to the more traditional formal probate process.
But it is not right for every situation. This document explains the requirements, benefits, drawbacks, costs, and how summary administration compares to formal administration.
What Is Summary Administration in Florida?
Summary administration in Florida is an abbreviated probate procedure governed by Section 735 of the Florida Statutes. It is designed for smaller or older estates that meet specific requirements.
Under summary administration, once the court approves a petition, it typically issues an order distributing the estate’s assets directly to the beneficiaries, bypassing many of the formalities required in a full (formal) administration.
Key differences from formal administration:
- No personal representative (executor) appointed by the court
- Less ongoing court supervision
- Fewer required filings and no periodic accounting in most cases
- Often no creditor notice publication
- The process is simpler and quicker, especially for small or older estates
Requirements for Summary Administration in Florida Probate
Florida law allows summary administration only when the estate meets certain qualifications.
To qualify, an estate must meet at least one of the following:
- Asset-value limit: The total probate estate (excluding exempt property) must be $75,000 or less. Exempt property often includes a homestead and certain personal property.
- Time-since-death: The decedent must have been deceased for more than two years, regardless of estate size.
Additional points:
- If there are known creditors, summary administration may not be available unless all claims are paid or arrangements are made.
- A testate estate (with a will) may be excluded if the will requires formal administration.
- The petition must include asset lists, debts, beneficiaries, proposed distribution, and creditor information.
- The petition must be verified, and in many cases, a spouse or beneficiaries must sign or be served with notice.
Benefits of Summary Administration
Summary administration can help families move through probate faster and with less expense.
Common benefits include:
- Speed: Often completed in 1 to 3 months if uncontested
- Lower cost: Reduced court fees, minimal filings, lower attorney fees, and no personal representative or bond costs
- Reduced complexity: Beneficiaries handle much of the process
- Faster access to assets: Helpful when beneficiaries need to move forward quickly
Drawbacks and Risks
There are some risks and limitations to consider before choosing summary administration.
- No personal representative: This limits the ability to access or manage certain assets.
- Creditor risk and liability: Petitioners may be liable if claims arise after distribution.
- Documentation challenges: Assets must be identified and valued correctly. Missing assets can lead to disputes.
- Institutional acceptance: Some banks or institutions may require formal letters and may not accept a summary order.
- Not ideal for complicated estates: Disputed estates or those with complex assets usually require formal administration.
Cost of Summary Administration in Florida
Typical costs include:
- Court filing fees: about $235 to $400, depending on the county
- Attorney fees: Often a flat fee (for example, $2,500), but may increase if contested
- Publication/notice: Minimal or none if no creditor notice is required
- Miscellaneous: Certified copies, deeds, and other small costs
Summary administration is usually far less expensive than formal administration, which may cost several thousand dollars depending on complexity.
Summary vs. Formal Administration
The table below compares summary administration and formal administration so families can understand which option may fit their situation.
| Feature | Summary Administration | Formal Administration |
| Eligibility | Estate ≤ $75K or death > 2 years | Required if estate is too large, complex, or disputed |
| Court Supervision | Minimal | Ongoing, with filings and accounting |
| Personal Rep. | Not required | Court-appointed required |
| Creditor Process | No formal notice; some risk remains | Formal creditor notice and claim period |
| Timeline | ~1–3 months | 6–18+ months depending on complexity |
| Cost | Lower | Higher; may include bond, accounting, and more |
| Best For | Small, simple, older, or undisputed estates | Large, complex, or disputed estates |
When Is Summary Administration a Good Fit?
Summary administration is generally a good option when:
- The estate is small or consists mostly of exempt property
- The decedent died more than two years ago
- There are no creditor or legal disputes
- All beneficiaries agree on the distribution
When to Avoid Summary Administration
Florida rules limit when this process can be used. It may not be the right choice if:
- The estate has large or complex assets
- There are known creditor claims
- Family disputes or disagreements exist
- Business interests or complicated holdings are involved
Tips for Navigating Summary Administration
A few simple steps can make the process easier.
- Get legal advice early
- Prepare clear and complete asset lists
- Verify creditor status before filing
- Check with institutions in advance regarding what they require
- File all petitions correctly and understand any liability if claims arise later
Conclusion
Summary administration in Florida is a useful, cost-effective option for the right estates. It works best for small, uncontested, or straightforward estates where beneficiaries agree and creditor issues are limited.
If creditor concerns, disputes, or institutional challenges are likely, formal administration offers more structure and protection.
Consult a probate attorney to help avoid costly missteps and choose the right process.
