If you have recently lost a loved one in Florida, the thought of going through probate can feel overwhelming. The good news is that not every estate requires a long or complicated court process. Florida’s summary administration offers a faster and more affordable way to settle certain estates, especially when the estate is small or when the person passed away more than two years ago. This simplified version of probate is designed to save families time, money, and stress during an already difficult period.
Summary administration in Florida is controlled by Florida Statute 735.201 and Florida Probate Rule 5.530. The administration is a streamlined form of probate that eliminates many of the steps required in a traditional formal probate administration. Unlike formal administration, it does not require the appointment of a personal representative to manage the estate. This makes the process quicker and less expensive, but it also means that no one has full authority to act on behalf of the estate once the court order is entered.
An estate may qualify for summary administration in Florida under two main circumstances. First, the estate’s total non-exempt assets (meaning property that isn’t protected under Florida law, such as homestead property, household furnishings and appliances up to a value of $20,000.00, the family allowance up to $18,000.00, and two motor vehicles used by the decedent or their family), must be valued under $75,000. Second, even if the estate is larger than $75,000.00, it may still qualify for Summary Administration if the decedent has been deceased for more than two years. After two years, Florida law bars creditors from filing claims, so even a sizable estate can use the summary process.
For families who qualify, summary administration offers several appealing benefits. It is much faster than formal probate, often completed in just a few months rather than the six months or more it can take for a complete formal probate. It also costs less, since there are fewer court filings and reduced attorney time involved. The process, itself, is more straightforward, requiring less paperwork and minimal court supervision. Additionally, because no personal representative is appointed and no Letters of Administration are issued, there are no ongoing duties to the court or formal accounting requirements.
The process begins when a beneficiary, or someone named as a personal representative in the will, files a Petition for Summary Administration with the probate court in the County where the decedent lived. The petition must list all the decedent’s assets, their estimated values, and a plan for how those assets should be distributed. All beneficiaries must either sign the petition or receive formal notice of it. If the decedent passed away less than two years ago, the petitioner must confirm that all known creditors have been notified and that valid debts will be paid from the estate. If the death occurred more than two years ago, creditor claims are automatically barred by law. If a will exists, the original document must be filed with the court. Once the Judge reviews the petition and confirms that the estate qualifies, the Judge will issue an Order Admitting the Last Will and Testament to probate and an Order of Summary Administration, which authorizes the transfer of property to the beneficiaries. In the case of real estate, recording the court’s order in the public records serves as a deed to transfer ownership.
While summary administration can be a convenient and cost-effective option, it does have limitations. Because there is no personal representative appointed, beneficiaries might have trouble accessing certain information or accounts, filing lawsuits on behalf of the estate, or handling matters that require formal authority. If the decedent died less than two years ago and a creditor was not properly notified, beneficiaries could even be held personally responsible for paying that debt up to the value of the assets they received. Families also need to be certain they have identified all the decedent’s assets before filing, since missing or hidden assets can complicate matters later. Additionally, transferring Florida homestead property will require a separate petition and court order, which can extend the process. Finally, summary administration is not suitable for estates involving family disputes or complex creditor issues, as these situations often require conversion to formal probate.
On the other hand, if you are a creditor of someone who has passed and their family is intentionally waiting for the two year creditor period to expire to avoid paying a decedent’s debt, a creditor in Florida can petition the Court to open a probate and be appointed as Personal Rerepsentative of the debtor’s estate.
Florida’s summary administration process can be an excellent way to handle smaller or older estates quickly and affordably. However, it is essential to ensure that all requirements are met and that no details are overlooked. Some judges require additional filings with the Petition for Summary Administration. Having counsel that are knowledgeable about specific circuit court requirements can aide in the expediting of the probate process. Consulting an experienced Florida probate attorney can help you determine whether your loved one’s estate qualifies for summary administration and guide you through the process step by step. Having professional support can prevent unnecessary delays, reduce stress, and help ensure that your family’s interests are fully protected during this critical transition.
Our Firm
At Rossway Swan, our skilled estate administration attorneys are here to help you administer a Florida estate or trust proceeding. Whether you are considering a Summary or Formal Probate proceeding, please contact our Estate, Probate, and Trusts Group for a free consultation.
Prepared by the Estate, Probate, and Trusts Group at Rossway Swan Tierney Barry & Oliver, P.L. Attorneys, Michael J. Swan, William J. Stewart, and Trevor H. Bird are pleased to meet with you to discuss your personal needs.
