Formal vs. Summary Administration in Florida Probate

If you're settling an estate in Florida, one of the first questions is which type of probate applies. Florida recognizes two primary probate paths - Formal Administration and Summary Administration. Choosing the right option affects timelines, court involvement, cost, and complexity. At De Paz Law, we help families and personal representatives across Pinellas County understand their options and move forward efficiently, without surprises.

Florida Probate Options at a Glance

Below is a clear, plain-English comparison to help you understand the difference:

  • Best for smaller or straightforward estates
  • Generally available if the estate value is below the statutory threshold or enough time has passed since death
  • Fewer court steps and filings
  • Often faster than formal probate
  • Limited creditor process
  • Court issues an order directing asset distribution

Formal Administration

  • Used for larger or more complex estates
  • Required when assets exceed summary limits or creditor issues exist
  • Court appoints a personal representative (executor)
  • Includes a structured creditor notice process
  • More court supervision and filings
  • Often necessary when disputes or real estate issues are present

Both processes are governed by Florida law - but applying the wrong one can cause delays or require restarting the case.

Which One Fits Your Situation?

Pinellas County probate cases often hinge on a few key factors. You may need Formal Administration if:

  • The estate includes Florida real estate
  • There are multiple beneficiaries or heirs
  • Creditors must be addressed or debts are uncertain
  • The will may be challenged
  • Beneficiaries live out of state
  • A personal representative must actively manage assets

Summary Administration may be appropriate if:

  • The estate qualifies as a smaller estate under Florida law
  • Assets are limited and easily identifiable
  • There are no disputes among beneficiaries
  • Creditor exposure is minimal
  • Speed and efficiency are priorities

Not sure which applies? We review the facts and confirm eligibility before filing - saving time, cost, and frustration.

Related Probate & Planning Services

If you're exploring probate options, these pages may also be helpful:

Black and white icon of a building with three columns and a triangular roof.

Not sure if a trust is right for you?

 We'll review your situation, explain your options, and guide you toward the most efficient solution under Florida law.