When a loved one passes away in Florida, families often hear unfamiliar terms almost immediately.
Probate. Personal Representative. Formal Administration. Summary Administration.
If you’ve never been through the Probate process before, it can be difficult to know what any of these terms mean, or which type of Probate may apply to your family’s situation.
Florida generally recognizes two types of Probate administration: Formal Administration and Summary Administration. While both are court proceedings used to address a deceased person’s Probate Estate, the process can look very different depending on the Estate.
Understanding the basic difference can help families know what to expect.
First, What Is Probate?
Probate is the court-supervised process used to identify and gather certain assets belonging to someone who has died, address debts and expenses, and distribute assets to the appropriate beneficiaries or heirs.
Importantly, Probate does not necessarily apply to everything a person owned.
Generally, Probate assets include property owned in the deceased person’s individual name without a mechanism that automatically transfers ownership at death. For example, an individually owned bank account without a payable-on-death designation may be a Probate asset, while certain jointly owned or beneficiary-designated assets may pass outside Probate.
Once it is determined that Probate is necessary, one of the next questions may be:
Does this Estate require Formal Administration, or could it qualify for Summary Administration?
What Is Formal Administration in Florida?
Formal Administration is the more traditional Probate process in Florida.
In a Formal Administration, the court appoints a Personal Representative to administer the Estate. The Personal Representative has fiduciary responsibilities and is responsible for settling and distributing the Estate according to Florida law and the terms of the Will, when there is a valid Will.
Depending on the Estate, the process may involve:
- Filing the Probate case with the appropriate court
- Having the Will admitted to Probate, when applicable
- Appointing the Personal Representative
- Identifying and gathering Probate assets
- Providing required notices
- Addressing creditor claims
- Handling Estate expenses
- Addressing real property and other Estate assets
- Distributing assets to beneficiaries
- Completing the steps necessary to close the Estate
Formal Administration provides a structured process for handling the many responsibilities that can arise after a death.
What Is Summary Administration in Florida?
Summary Administration is another form of Probate available to qualifying Estates.
It is generally a more streamlined process than Formal Administration and does not operate in the same way with an appointed Personal Representative administering the Estate.
Under Florida law in effect in 2026, an Estate may qualify for Summary Administration when the value of the Estate subject to administration in Florida, less property exempt from the claims of creditors, does not exceed $150,000, or when the decedent has been dead for more than two years.
For a testate Estate, additional statutory requirements concerning the Will also apply. This $150,000 threshold is new. Effective July 1, 2026, Florida increased the threshold from $75,000 to $150,000, potentially allowing more Estates to qualify for Summary Administration.
However, the value of the Estate is not the only factor that should be considered.
How Does Summary Administration Work?
In Summary Administration, an eligible person files a petition asking the court to distribute the Estate’s assets.
Florida law requires certain information and procedures to be followed. Before the court enters an Order of Summary Administration, for example, the petitioner must make a diligent search and reasonable inquiry for known or reasonably ascertainable creditors, serve the petition on those creditors, and make provision for payment to the extent Estate assets are available.
If the requirements are satisfied, the court may enter an Order of Summary Administration directing the distribution of the Estate’s assets to the people legally entitled to receive them.
So while the word “summary” may make the process sound informal, Summary Administration is still a Probate court proceeding.
Formal vs. Summary Administration: What's the Difference?
Here is a simple way to understand some of the major differences:
Formal Administration | Summary Administration |
Traditional Probate administration | Streamlined Probate proceeding |
Personal Representative is appointed | Generally proceeds without appointing a Personal Representative |
Estate is administered through an ongoing process | Court may order assets distributed through the Summary Administration proceeding |
Often involves more steps throughout the administration | Generally involves fewer administrative steps |
Common when an Estate does not qualify for Summary Administration or circumstances call for Formal Administration | Available only when the Estate meets Florida’s statutory requirements |
The important point is that one process isn’t automatically “better” than the other. The appropriate Probate procedure depends on the facts of the Estate.
Does an Estate Under $150,000 Automatically Qualify for Summary Administration?
Not necessarily. The new $150,000 threshold is important, but simply looking at the total dollar value of everything the person owned can be misleading.
Florida’s statute refers specifically to the value of the Estate subject to administration in Florida, less property exempt from creditor claims.
There can also be questions involving:
- Florida homestead
- Creditor claims
- The terms of the Will
- How assets are titled
- Beneficiary designations
- Real Estate
- The identity and cooperation of beneficiaries
- How much time has passed since the person’s death
That is why determining the appropriate Probate procedure should start with understanding the Estate as a whole—not simply adding up everything the person owned.
What If the Person Has Been Dead for More Than Two Years?
This is an important part of Florida’s Summary Administration law that families sometimes don’t realize.
Under Florida Statute § 735.201, the Estate may potentially qualify for Summary Administration if the decedent has been dead for more than two years, even when the Estate exceeds the $150,000 threshold, provided the other applicable requirements are satisfied.
This is one reason the date of death is one of the important pieces of information an attorney will want when reviewing a potential Probate matter.
What About the Family Home?
Florida homestead can make Probate more complicated than simply looking at the home’s market value and assuming it determines which type of administration is required.
Florida Courts specifically notes that Probate administration applies to Probate assets and identifies homestead property separately when discussing real property. Florida law also gives protected homestead special treatment within Estate administration.
If a deceased person owned a Florida home, the circumstances surrounding the property should be reviewed carefully as part of determining how the Estate should be handled.
Does Having a Will Determine Which Type of Probate You Need?
Not by itself. A Will can provide important instructions about who should receive property and whom the person nominated to serve as Personal Representative, but the existence of a Will does not automatically determine whether the Estate will proceed through Formal or Summary Administration.
Florida law expressly permits Summary Administration of qualifying testate Estates, subject to statutory requirements concerning the Will.
In other words:
Having a Will does not automatically mean Formal Administration—and having a Will does not automatically avoid Probate.
Which Type of Probate Does Your Family Need?
When families contact our office after someone has passed away, they often want to know immediately whether they need Formal or Summary Administration.
Sometimes the answer is straightforward. Other times, we need to understand more about the Estate first.
Questions we may need to consider include:
- When did the person pass away?
- Did they leave an original Will?
- What assets did they own individually?
- How were those assets titled?
- Was there Florida real Estate?
- Was the property the person’s homestead?
- Are there known creditors?
- Who are the beneficiaries or heirs?
- Are there circumstances that may require a Personal Representative to act on behalf of the Estate?
The answers help determine what Probate process may be appropriate.
You Don't Have to Figure Out Probate Before Calling an Attorney
Families sometimes hesitate to contact a Probate attorney because they don’t know whether they need Formal Administration or Summary Administration. You don’t need to know. That is part of what the initial review is for.
If someone you love has passed away, gathering the Will and basic information about the person’s assets, debts, property, and family can be a helpful starting point. From there, an experienced Florida Probate attorney can review the circumstances and explain what the next steps may look like.
At Law Office of Lori Vella, we help families understand the Florida Probate process and what may be required to move an Estate forward.
Lori Vella is an Estate Planning and Business Attorney. She works virtually throughout Florida and New York, but has her home office in Tampa, Florida. She is mom to a little boy which ignited the passion for helping other families. She and her son enjoy car rides, playgrounds and taking mini-adventures. They also have an organic garden that surprisingly yields vegetables. Lori considers herself well-versed in Seinfeld and welcomes any trivia!
Disclaimer: The Law Office of Lori Vella’s website contains general information directed to Florida residents. This firm does not intend to give legal advice through its pages and/or blog. If you need legal advice, we encourage you to find an attorney licensed in your state. This language on this website does not create an attorney-client relationship between you and this firm.