Recently, I spoke with a potential client who had just lost her husband, a fellow attorney. He left behind assets and debts, but had not completed any estate planning or long term care planning. In her grief, she felt overwhelmed at the thought of probate. My first advice to her was to take time to honor his life and grieve — the legal process could wait.
When she was ready, we discussed the details of his estate and discovered she might benefit from summary administration — a simplified probate process available in Florida under specific circumstances.
Summary Administration Explained
Florida Statute 735.201 allows for summary administration if:
- The estate is valued at $75,000 or less (excluding exempt assets), or
- The decedent has been deceased for more than two years.
Unlike formal administration, summary administration does not require the appointment of a personal representative. It is faster, less expensive, and, if more than two years have passed, creditors are permanently barred from making claims.
When Summary Administration Works Best
- Estates under $75,000 in value.
- When waiting two years after death is an option.
- When beneficiaries agree and debts are minimal or already resolved.
When Formal Administration Is Required
Formal administration applies to estates worth more than $75,000 or if the decedent passed away within the last two years and creditor claims must be formally addressed. This process requires appointing a personal representative, publishing notice to creditors, and resolving claims before distribution.
Key Takeaway
For many families, summary administration offers a faster, simpler path through probate. But each case is unique, and timing, assets, and debts must all be carefully considered.
Call to Action: If you’ve recently lost a loved one, understanding whether summary or formal administration applies to your situation is critical. Contact Lumsden Law to schedule a compassionate consultation.
Q1. What is summary administration in Florida probate?
Summary administration is a simplified probate process available if the estate is valued at $75,000 or less, or if the decedent has been deceased for more than two years.
Q2. How long does summary administration take in Florida?
Unlike formal administration, which can take months or longer, summary administration is usually completed within a few weeks to a few months, depending on the court’s schedule.
Q3. When is formal administration required instead of summary administration?
Formal administration is required if the estate exceeds $75,000 in value, the decedent passed away within the last two years, or creditor claims need to be formally resolved.
Q4. Do I need an attorney for summary administration in Florida?
While not legally required in all cases, having an experienced probate attorney ensures filings are accurate, debts are addressed, and the process moves smoothly.
