Summary Administration
An expedited probate process for qualifying Florida estates.
Summary Administration is a faster, less expensive probate option available when the estate's non-exempt assets are valued at $150,000 or less, or if the decedent passed away more than two years ago.
Unlike Formal Administration, this process does not require the appointment of a Personal Representative. Instead, the court issues an order directly releasing the assets to the beneficiaries.
We help families determine if they qualify for this streamlined process and handle the necessary petitions to quickly transfer the assets.
Key Benefits
Faster Resolution
Often completed in a matter of weeks or a few months, rather than the better part of a year.
Lower Costs
Fewer court filings and no need for a Personal Representative reduces overall legal fees.
Direct Transfer
Court orders allow banks and institutions to transfer assets directly to heirs.
Frequently Asked Questions
Does a homestead count towards the $150,000 limit?
No. A protected Florida homestead is considered an exempt asset and does not count toward the $150,000 threshold.
What if there are creditors?
If the decedent has been dead for less than two years, provisions must be made to pay known creditors before Summary Administration can be granted.
My husband died three years ago and we never did anything with his estate. Is it too late, and is his estate too big to qualify?
Florida gives two separate ways to qualify, and meeting either one is enough. Summary administration is available when the estate's non-exempt value is at or under the limit, or when the person has been dead for more than two years. Because your husband died more than two years ago, the dollar value is not what decides it. The will still must not direct a full administration.
Do all of the children have to sign, or can we move forward if one of them won't cooperate?
Not always. The petition must be signed and verified by the surviving spouse, if there is one, and by the beneficiaries, but a beneficiary who will receive their full share under the proposed distribution does not have to join in it. A beneficiary who does not join must still be served with formal notice of the petition.
We have the original will at home. Do we still have to turn it in to the court if we're using this shorter process?
Yes. Whoever holds the original will must deposit it with the clerk of court within ten days of learning the person has died, and that duty applies whether or not a probate case is opened. In a summary administration, the will is then proved and admitted once the petition is filed.
Can something in the will itself keep us from using summary administration?
Yes. Summary administration is available in an estate with a will only when the will does not direct a full administration. If the will directs formal administration, that shorter route is unavailable no matter how small the estate is.
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Schedule a free consultation to discuss your estate planning needs. We'll review your situation and map out the best flight path for your family.
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