What Is Probate in Florida? Formal vs. Summary Administration Explained

When someone dies, loved ones are often left with questions about property, debts, bank accounts, real estate, and final wishes. In Florida, the court process used to administer many of those matters is called probate.

Probate can sound intimidating, but its purpose is practical: it provides a legal process to identify probate assets, address enforceable debts and expenses, and transfer remaining property to the people entitled to receive it. The appropriate process depends on the estate’s assets, debts, family circumstances, and whether the decedent left a valid will.

What Is Probate?

Probate is the court-supervised administration of a deceased person’s estate. The person who died is called the decedent. Depending on the estate, probate may involve:

·       Identifying and gathering probate assets;

·       Determining who is entitled to inherit under a will or Florida’s intestacy statutes;

·       Addressing estate expenses and creditor claims under the applicable statutory procedures and deadlines;

·       Resolving issues properly brought before the probate court; and

·       Distributing assets that remain after administration.

If the decedent left a properly executed will, the will generally directs the distribution of probate assets and may nominate a personal representative. If there is no will—or a will does not effectively dispose of all probate property—Florida’s intestacy statutes determine the heirs entitled to receive that property. Fla. Stat. § 732.101

Which Assets Go Through Probate?

Not every asset a person owned at death is necessarily subject to probate. Probate commonly involves assets titled solely in the decedent’s name with no effective beneficiary designation, survivorship feature, trust ownership, or other nonprobate transfer arrangement.

Potential probate assets can include a solely owned bank or investment account; real estate owned solely by the decedent; a tenancy-in-common interest in real property; an insurance policy, annuity, or retirement account payable to the estate; and personal property or business interests without another effective transfer mechanism.

Other assets may pass outside probate, depending on their ownership and governing documents. Examples may include accounts with valid payable-on-death or transfer-on-death designations, jointly owned property with a right of survivorship, life insurance payable directly to a designated beneficiary, property owned by spouses as tenants by the entirety, and properly titled assets held in a revocable trust. Asset titling and beneficiary designations must be reviewed individually; labels alone are not enough.

Florida’s Two Main Probate Processes

Florida’s two principal probate procedures are formal administration and summary administration. The correct procedure is determined by statute and the facts of the estate—not simply by a family’s preference.

Formal Administration at a Glance

Purpose. Formal administration is the standard court-supervised probate process.

Personal representative. The court appoints a personal representative and issues Letters of Administration.

When it is commonly used. Formal administration may be needed when the estate requires an appointed fiduciary with authority to administer assets or does not qualify for summary administration.

Creditor process. The personal representative publishes a notice to creditors and must diligently search for and serve reasonably ascertainable creditors.

Court outcome. The estate assets are administered, claims are addressed, and the personal representative seeks discharge after completing the required steps.

Timing. The timeline varies substantially with creditor issues, assets, tax matters, sales, disputes, and court requirements.

Summary Administration at a Glance

Purpose. Summary administration is a streamlined statutory procedure for qualifying estates.

Personal representative. No personal representative is appointed.

When it is available. Summary administration is available when statutory requirements are met, including that Florida assets subject to administration, less exempt property, do not exceed $150,000, or the decedent has been dead for more than two years. A will also cannot direct administration under Chapter 733. Fla. Stat. § 735.201

Creditor process. Known or reasonably ascertainable creditors must be addressed before the order. A post-order notice to creditors may be published.

Court outcome. The court may enter an order assigning identified assets to the people entitled to receive them.

Timing. Summary administration is often more streamlined, but timing depends on the required documents, creditor issues, and the court.

Formal Administration

Formal administration is the traditional and more comprehensive probate process. It is often appropriate when the estate does not qualify for summary administration, when estate business requires a court-appointed fiduciary, or when creditor, asset, title, tax, or family issues require full administration.

The case generally begins with a petition filed in the circuit court for the county where the decedent resided at death. If the court appoints a qualified personal representative, it issues Letters of Administration. Those letters provide the personal representative’s authority to act for the estate.

A personal representative’s work may include:

·       Locating, protecting, and valuing probate assets;

·       Giving required notices to interested persons;

·       Publishing a notice to creditors and conducting a diligent search for reasonably ascertainable creditors;

·       Reviewing, objecting to, settling, or paying claims as appropriate;

·       Addressing tax filings, expenses, and asset-management issues;

·       Distributing estate property; and

·       Completing the filings needed to close the administration.

In a formal administration, the personal representative must promptly publish a notice to creditors and promptly serve the notice on reasonably ascertainable creditors after a diligent search. Fla. Stat. § 733.2121 Subject to the separate two-year limitation described below, claims generally must be filed by the later of three months after the first publication of the notice to creditors or, for a creditor required to be served, 30 days after service. Fla. Stat. § 733.702

A formal estate should not be treated as complete merely because the initial paperwork has been filed. The administration must allow time for the applicable creditor process and any necessary asset, tax, title, or dispute resolution. The duration of a formal administration varies considerably by estate.

Summary Administration

Summary administration is a shorter probate procedure available only when statutory requirements are satisfied. As of July 1, 2026, it may be available when the value of the entire estate subject to administration in Florida, after subtracting property exempt from creditor claims, does not exceed $150,000, or when the decedent has been dead for more than two years. In a testate estate, the will must not direct administration under Chapter 733. Fla. Stat. § 735.201

A personal representative is not appointed in summary administration. Instead, an eligible person files a verified petition and the court may enter an order assigning identified assets to the beneficiaries or heirs entitled to receive them. The surviving spouse and beneficiaries generally must join the petition unless a stated exception applies; a beneficiary who does not join must receive formal notice. Fla. Stat. § 735.203

Before the court enters a summary-administration order, the petitioner must make a diligent search and reasonable inquiry for known or reasonably ascertainable creditors, serve the petition on those creditors, and make provision for payment to the extent assets are available. Fla. Stat. § 735.206

After an order of summary administration, property that is not exempt and remains in the recipients’ hands may still be liable for the decedent’s claims until they are barred. Recipients are personally liable for a pro rata share of lawful claims, but only up to the value of estate property each actually received, excluding exempt property. Generally, two years after the decedent’s death, the estate and recipients are no longer liable for claims unless proceedings to enforce the claim have been commenced. Fla. Stat. § 735.206; Fla. Stat. § 733.710

A person who has obtained a summary-administration order may publish a statutory notice to creditors. Once proof of publication is filed, unknown or not reasonably ascertainable creditors generally have three months from the first publication to file their claims. Fla. Stat. § 735.2063

How Do You Know Which Process Applies?

Choosing the right probate procedure requires more than adding up account balances. A careful evaluation should consider:

·       Whether the decedent left a valid will and what the will requires;

·       The value of property actually subject to probate in Florida;

·       Whether property may be exempt from creditor claims, including potential homestead property;

·       How real estate, accounts, vehicles, and other property are titled;

·       Whether beneficiary designations or survivorship rights apply;

·       Known creditors, estate debts, and applicable creditor deadlines;

·       How long ago the decedent died;

·       Whether there are disagreements among beneficiaries, heirs, or creditors; and

·       Whether someone needs formal authority to safeguard, transfer, sell, or manage estate assets.

For example, an estate may appear small but still require formal administration because a financial institution, title company, buyer, or other third party requires Letters of Administration before releasing funds or completing a transaction. Conversely, an estate with qualifying assets and a manageable creditor picture may be suitable for summary administration.

Probate Does Not Have to Be Overwhelming

The loss of a loved one is difficult enough without navigating court procedures, creditor deadlines, asset-title questions, and family concerns alone. Probate is both a legal and practical process: it provides a path to transfer property, address enforceable obligations, and bring financial affairs to a close.

At Goebel Law, PLLC, we help Florida families evaluate whether formal or summary administration is appropriate and guide them through the probate process with clarity and care. Early legal guidance can help avoid unnecessary delay, unaddressed creditor issues, and problems transferring assets or real estate.

If you need help with a Florida probate matter, contact Goebel Law, PLLC at 800-536-8080 or email info@goebellawfirm.com to schedule a consultation.

This article provides general information about Florida probate law and is not legal advice. The appropriate probate procedure and deadlines depend on the facts of each estate.