Florida Probate Explained: Summary vs. Formal Administration
Florida Probate Guide
Florida Probate Just Changed:
Summary Administration vs. Formal Administration
If you’ve recently lost a loved one, one of the first questions is:
“Do we have to go through probate?”
In Florida, the answer is often yes—but the type of probate matters.
And as of July 1, 2026, Florida made an important change that may allow more families to avoid the more complex probate process.
Florida Raises the Summary Administration Limit to $150,000
Florida recently increased the threshold for Summary Administration from $75,000 to $150,000 in non-exempt probate assets.
This means many estates that previously required Formal Administration may now qualify for a faster and less expensive process.
Importantly:
- Homestead property is excluded
- Exempt property is excluded
- Non-probate assets (like accounts with beneficiaries) are excluded
For many Central Florida families, this change is significant.
What Is Summary Administration?
Summary Administration is a simplified probate process available when:
- The value of the probate estate (excluding exempt property) is $150,000 or less; or
- The decedent has been deceased for more than two years.
Unlike Formal Administration, there is no Personal Representative appointed. Instead, the court issues an order directing how assets are distributed.
Why Families Prefer Summary Administration
- Typically faster
- Lower cost
- Fewer filings and procedural steps
- No ongoing estate administration
What Is Formal Administration?
Formal Administration is the traditional probate process.
The court appoints a Personal Representative who is responsible for:
- Gathering assets
- Paying valid debts
- Handling creditor claims
- Distributing the estate
Formal Administration is generally required when:
- Non-exempt probate assets exceed $150,000
- There are significant creditor issues
- There are disputes among beneficiaries
- A Personal Representative is needed to act on behalf of the estate
Does a House Mean You Need Formal Administration?
No.
This is one of the most common misconceptions in Florida probate.
A homestead property can often pass to heirs—such as children—through Summary Administration, not Formal Administration.
In many cases, the process includes:
- Petition for Summary Administration
- Petition to Determine Homestead
- Order of Summary Administration
- Order Determining Homestead
Because homestead is not counted toward the $150,000 threshold, many estates with real estate still qualify for Summary Administration.
Real-World Examples
Example 1 – Summary Administration
- Homestead in Orlando
- Bank account: $120,000
- No significant debts
Result: Likely qualifies for Summary Administration because the homestead is excluded and the remaining assets are under $150,000.
Example 2 – Still Summary Administration (Under New Law)
- Homestead
- Bank account: $140,000
Result: Would now qualify for Summary Administration under the updated $150,000 threshold.
Example 3 – Formal Administration Required
- Homestead
- Brokerage account: $250,000 with no beneficiary designation
Result: Formal Administration likely required because probate assets exceed $150,000.
How Long Does Probate Take?
Summary Administration
Often completed in a matter of weeks to a few months, depending on the court and complexity.
Formal Administration
Typically several months or longer, especially due to required creditor claim periods and administration steps.
Choosing the Right Path
The decision between Summary and Formal Administration is not optional—it depends on:
- The value of probate assets
- The types of assets involved
- Whether creditors are an issue
- The date of death
- Whether court authority is needed to act
An experienced probate attorney can quickly determine which process applies and help avoid unnecessary delays or expenses.
Need Help With Florida Probate?
If you are unsure whether an estate qualifies for Summary Administration under the new $150,000 threshold, we can help.
At R. Frazier Law, PLLC, we guide families throughout Central Florida through the probate process and work to make administration as efficient and stress-free as possible.
