Formal vs Summary Administration in Florida: Which Type Do You Need?
Compare eligibility, costs, timelines, and requirements for each probate type in Florida
Quick Comparison Overview
Understanding the key differences helps you make the right choice for your estate
Side-by-Side Comparison
| Category | Summary Administration | Formal Administration | Winner | Why |
|---|---|---|---|---|
| Eligibility | Estate value under $75,000 or no complex disputes | Any estate value or disputes expected | Depends - both can qualify | Choose based on your comfort and complexity level |
| Filing Fee | $236 - $346 | $401 | Summary | Significantly less expensive |
| Timeline | 3-6 months | 6-12+ months | Summary | Half the time or less |
| Attorney Required | No (recommended) | Yes (legally required) | Summary | Save $3K-$10K+ in attorney fees |
| Court Supervision | Limited, streamlined | Full court oversight, formal hearings | Summary | Less paperwork, fewer court appearances |
| Complexity | Low | High | Summary | Simpler process if no disputes or complications |
| Real Estate | Allowed | Allowed | Neither | Both types can handle real property |
Detailed Analysis
Key Differences
- Both require personal representative and court approval
- Summary is available for estates up to $75,000; formal has no value cap
- Summary has 90-day creditor notice period; formal has no fixed period
- Attorney required for formal (by law); summary does not (though recommended)
- Summary has limited court oversight; formal has full hearings and court orders
- Both allow real estate; neither has restrictions beyond the $75K cap
When Each Type Is Appropriate
Summary Administration
- Small estates (under $75,000)
- Simple families with no disputes
- Beneficiaries who agree
- Want faster process
- Have minimal or no real estate
- Want to save on attorney fees
Formal Administration
- Larger estates (over $75,000)
- Complex family situations (disputes, blended families)
- No will or ambiguous documents
- Multiple beneficiaries
- Beneficiary disagreements expected
- Business interests involved
- Want court protection and dispute resolution
How to Make the Choice
The choice depends on your specific situation. Consider both your estate characteristics and personal preferences.
Our free assessment helps determine whether your estate qualifies for summary or formal administration based on your specific circumstances.
Comparison Table
| Category | Summary Administration | Formal Administration | Winner | |
|---|---|---|---|---|
| Eligibility | Estate value under $75,000 or no complex disputes | Any estate value or disputes expected | Depends - both can qualify | Choose based on your comfort and complexity level |
| Filing Fee | $236 - $346 | $401 | Summary | Significantly less expensive |
| Timeline | 3-6 months | 6-12+ months | Summary | Half the time or less |
| Attorney Required | No (recommended) | Yes (legally required) | Summary | Save $3K-$10K+ in attorney fees |
| Court Supervision | Limited, streamlined | Full court oversight, formal hearings | Summary | Less paperwork, fewer court appearances |
| Complexity | Low | High | Summary | Simpler process if no disputes or complications |
| Real Estate | Allowed | Allowed | Neither | Both types can handle real property |
When to Choose Each Type
Choose Summary Administration If:
Choose Formal Administration If:
Key Decision Factors
Estate Value
The $75,000 threshold is based on total estate value, not just financial assets. Includes real property, personal property, business interests, and vehicles.
No Will or Complex Will
No will or intestate often works fine for summary. If will exists but invalid or beneficiaries dispute, formal may be necessary.
Family Dynamics
Beneficiaries who agree and cooperate → summary. Beneficiaries who disagree → formal.
Dispute Risk
No disputes → summary. Disputes → formal.
Real Estate
Minimal or no real property → summary. Significant holdings → formal.
Personal Timeline & Comfort
Want faster process → summary. Comfort with legal help → formal.
Cost Sensitivity
Want lower costs → summary. Cost is secondary → formal.
Conversion Options
Florida probate allows flexibility to change course if circumstances change.
Summary → Formal Conversion
If complications arise during summary administration, or estate unexpectedly qualifies for formal, you can petition the court to convert. Conversely, if you initially filed formal but later discover estate qualifies for summary, all parties can agree to convert to summary.
Formal → Summary Conversion
If you accidentally filed formal but discover estate is under $75,000 with no complications, you may request conversion to summary. All beneficiaries must agree, and court must approve. This is a common request in Florida probate practice.
Important: These conversions require court approval and all beneficiary agreement. If beneficiaries disagree, the court cannot convert. Contact your county clerk for forms and procedures.
Frequently Asked Questions
What is the difference between formal and summary administration?
Summary administration is a streamlined Florida probate process for estates under $75,000. Formal administration is the full probate process for larger or complex estates. Summary requires fewer formalities, less court supervision, and typically no attorney required. Formal administration provides court oversight for disputes.
Which is faster - summary or formal administration in Florida?
Summary administration typically takes 3-6 months. Formal administration takes 6-12+ months depending on court processing times and complexity. Summary is approximately twice as fast as formal in most cases.
Do I need an attorney for summary administration in Florida?
No, Florida law does not require an attorney for summary administration. However, you may want to consult one if there are family disputes, complex assets, or uncertainty about the process.
Do I need an attorney for formal administration in Florida?
Yes. Florida Statutes Section 733.106 requires an attorney for formal administration. This is a legal requirement - you cannot do it yourself.
Can I convert from summary to formal administration?
Yes, if complications arise during summary administration, you can petition the court to convert to formal administration. Conversely, if you initially filed formal but later discover estate qualifies for summary, you can request conversion to summary if all parties agree.
What is the $75,000 threshold based on?
The $75,000 threshold comes from Florida Statutes Section 735.201. The threshold was increased from $50,000 effective October 1, 2023. This amount includes personal property value, not just financial assets.
Can I use summary administration if estate has real estate?
Yes. Summary administration is allowed for estates with real property. Formal administration is also allowed. Both types can transfer real property with court order. The real estate value is included in the $75,000 threshold.
What is the creditor claim period for each type?
Both types require creditor notice. Summary administration typically has a 90-day creditor claim period. Formal administration has no fixed period but creditor notice of unknown duration.
Last Updated: December 31, 2025 | Florida probate procedures vary by county. Formal administration requires an attorney per Florida Statutes Section 733.106. This content is for informational purposes only and not legal advice.