Summary or formal administration: understanding Florida probate

When a loved one passes away in Florida, the assets that must go through probate are usually settled through one of two court procedures: summary administration or formal administration. The case is filed with the Clerk of the Circuit Court in the county where the person lived, which is Sarasota County for residents of Venice and most of the surrounding area. Spanski Law handles uncontested probate in any Florida county.

Summary administration

Summary administration is a shorter, simplified process. It is generally available when either of the following applies:

• The value of the estate subject to probate, not counting property that is exempt from creditors' claims, is $150,000 or less. Florida raised this limit from $75,000 to $150,000 on July 1, 2026. If the person died before that date, confirm which limit applies to the estate.
• The person passed away more than two years ago.

In summary administration, the court does not appoint a personal representative, the person who settles an estate. Instead, after the required search for creditors and the necessary filings, the court enters an order directing who receives the assets. These cases typically conclude within one to three months.

Formal administration

Formal administration is the standard process for estates that do not qualify for summary administration. In a formal administration:

• The court appoints a personal representative and issues letters of administration, the document that gives that person authority to act on behalf of the estate.
• A notice to creditors is published, which begins a three-month period for creditors to file claims.
• The personal representative files an inventory of the estate's assets with the court.
• Valid debts, expenses, and taxes are paid, and the remaining assets are distributed to the beneficiaries.

Florida generally requires the personal representative in a formal administration to be represented by an attorney. Most uncontested formal administrations take six to twelve months, and estates with complex assets or tax filings may take longer.

Assets that do not go through probate

Not everything your loved one owned will be part of the probate case. The following generally pass outside of probate:

• Accounts and policies with a valid beneficiary designation, such as life insurance, IRAs, and payable-on-death or transfer-on-death accounts.
• Property owned jointly with rights of survivorship.
• Assets held in a funded revocable trust.
• A home transferred by a Lady Bird deed.

A Florida homestead also receives special treatment. It usually passes to the surviving spouse or heirs outside the probate estate and is protected from most creditors, although the court is often asked to confirm its homestead status.

The first step in any probate matter is identifying which assets must go through probate and which do not. If you are unsure which process applies, Spanski Law can review the situation with you. The first step is a complimentary 15-minute call or in-person consultation.