What is the Difference Between Formal and Summary Probate in Florida?

When a loved one dies, you will likely have to go through the probate process. Probate is the process of settling a deceased person’s estate.

When it comes to probate, you may think there is only one way to go about it. There are two main types: formal and summary. Formal probate is the most common course, but summary administration may be a good option if the estate qualifies for it.

Here is what you need to know about formal and summary probate and how they can help you.

Formal Administration

Formal administration is the default option for probate. It is a good choice for high-value estates as well as complex ones. There is no value limit for formal administration, so it can be used for estates of any value.

A personal representative is required. The will (if applicable) may designate an executor, or the court may appoint one. The personal representative is in charge of administering the estate, paying debts, and distributing assets.

Compared to summary administration, formal administration has more steps involved. Because of this, the probate process takes longer. In complex cases, probate can last 18 months or longer.

One of these steps includes creditor notification. Creditors must be notified, and a claims period is established to allow them to file claims against the estate.

There is also greater court involvement. The court plays a more active role in overseeing the process. This results in higher legal fees and costs.

Summary Administration

Summary administration is available for smaller estates. You can use it when the value of the decedent’s estate, excluding exempt property and homestead, is $75,000 or less. You can also use it when the deceased has been dead for over two years, regardless of the value of their property.

Summary administration is generally quicker and less complex than formal administration. It is often completed within a few months. There is no executor involved, as the court issues an order distributing assets directly to the heirs or beneficiaries. There is no middleman, so to speak. There is also no creditor requirement. Since it’s typically used for smaller estates, there is no requirement to publish a notice to creditors unless the debts are known.

Summary administration involves fewer legal formalities, which is why it is more cost-effective. However, a petition is required: to initiate summary administration, a petition must be filed in the appropriate Florida probate court.

Contact Us Today

There are two main types of probate. Summary probate can be a quicker option if it is available, but formal administration is a bit more versatile.

West Palm Beach probate attorney Brian K. McMahon, P.A., can assess your situation and help you find the right option. Losing a loved one is difficult; we help make the process easier. Fill out the online form or call (561) 658-1789 to schedule a consultation with our office. We serve the West Palm Beach, Boca Raton, Port St. Lucie, and South Florida areas.