Summary Administration in Florida

Summary Administration is a simplified form of probate available in certain situations under Florida law. It can save time and reduce costs compared to formal probate, but it’s not available for every estate.

When Summary Administration Is Available

Summary Administration may be used if:

• The total value of the estate subject to probate in Florida is $75,000 or less (not counting exempt property such as homestead), or
• The decedent has been dead for more than two years.

How Summary Administration Works

Unlike formal administration, Summary Administration does not require the appointment of a personal representative. Instead:

1. A petition is filed with the court, usually by a surviving spouse or beneficiary.
2. The court issues an order distributing the assets directly to the heirs or beneficiaries.
3. Creditors are either barred because more than two years have passed or are paid from the estate before distribution.

This process can often be completed in a matter of weeks rather than months, depending on the court’s schedule and whether all interested parties are in agreement.

Benefits of Summary Administration

• Faster resolution than formal probate.
• Lower legal and court costs in many cases.
• No ongoing court supervision after the order is entered.

Limitations

• Not available if the estate exceeds $75,000 and the death occurred less than two years ago (unless only exempt property is involved).
• May not be suitable for complex estates with disputes or significant creditor claims.
• Some financial institutions or title companies still prefer working through formal probate for certain assets.