Summary Administration
Florida Summary Administration: The Simplified Probate Process for Qualifying Estates
Summary administration is Florida’s simplified probate process for qualifying smaller estates. Governed by Florida Statutes Chapter 735, it offers a faster, lower-cost alternative to formal administration for estates that meet one of two specific legal thresholds. It eliminates the appointment of a personal representative, reduces court filings, and eliminates the mandatory three-month creditor notice period that drives the formal administration timeline.
Summary administration in Miami-Dade County closes in 4 to 8 weeks on average compared to the 9 to 24 months required for formal administration. The simplified process requires only one primary court filing before the distribution order is entered.
Filing for summary administration when the estate actually requires formal administration creates legal exposure for the petitioner. Getting the classification right including correctly identifying exempt assets and reviewing creditor exposure is the most important work an attorney does before any petition is filed.
Weeks Average Miami-Dade
Summary administration closes in 4 to 8 weeks on average in Miami-Dade County compared to 9 to 24 months for formal administration.
Approx. Filing Fee Miami-Dade
The Miami-Dade Circuit Court probate filing fee for summary administration is approximately $346 compared to $400 to $2,000 for formal administration depending on estate value.
Qualifying Conditions Under §735.201
Florida law provides exactly two qualifying conditions for summary administration. An estate must meet at least one. If neither applies, formal administration is required.
Primary Court Filing Required
Unlike formal administration's nine-step procedure, summary administration moves through fewer stages and typically requires only one court filing before the distribution order is entered.
Two Ways a Florida Estate Qualifies for Summary Administration
Florida law provides exactly two qualifying conditions under Florida Statutes Section 735.201. An estate must meet at least one. If neither applies, formal administration is required.
No Minimum or Maximum Estate Value
When more than two years have passed since the date of death, the estate qualifies for summary administration regardless of its total value. Florida law gives creditors two years from the date of death to file claims. After two years, all creditor claims are permanently barred under §733.710 there is no need for the formal creditor notice period. An estate worth $1 million qualifies under this condition.
Fewer Than Two Years: With Value Limit
If the decedent died fewer than two years ago, the estate still qualifies if the total non-exempt assets subject to probate do not exceed $75,000. The primary homestead is not counted toward this threshold under Florida's constitutional homestead protection. Other exempt assets under §732.402 include household furnishings up to $20,000 and two motor vehicles. A family with a $400,000 homestead and $60,000 in bank accounts may qualify if the homestead is properly classified.
Petitioners who include homestead value in the $75,000 calculation incorrectly disqualify themselves from summary administration. Attorney Schoonover corrects this in every case she reviews.
Side-by-Side Comparison
Choose the right probate pathway before filing the choice affects timeline, cost, and personal liability exposure.
| Factor | Formal Administration | Summary Administration |
|---|---|---|
| Average timeline | 9–24 months | 4–8 weeks |
| Miami-Dade filing fee | $400–$2,000+ | ~$346 |
| Personal representative required | Yes: court-appointed | No |
| 3-month creditor notice period | Yes: mandatory | No |
| Estate inventory required | Yes: within 60 days | No |
| Final accounting required | Yes: court-reviewed | No |
| Attorney required by law | Yes: Probate Rule 5.030 | Strongly recommended |
| Petitioner personal liability risk | Lower: creditor period runs | Higher if under 2-year rule |
Four Steps From Petition to Distribution
Unlike formal administration’s nine-step procedure, summary administration moves through four primary steps and typically requires only one court filing before the distribution order is entered.
Prepare and File the Petition for Summary Administration
The petition is the single most important document. Under Florida Probate Rule 5.530, it must include the decedent's identifying information, a complete list of all probate assets with estimated values, names and addresses of all beneficiaries, a statement of all known creditors, the proposed distribution schedule, and a certification that the estate qualifies. Every beneficiary and heir must either sign the petition or receive proper notice. A missing required element causes court rejection.
File Any Required Companion Petitions
If the estate includes the decedent's primary homestead, a separate Petition to Determine Homestead Status of Real Property is filed at the same time. If the estate includes exempt personal property under §732.402, a Petition Determining Exempt Property is filed concurrently. Attorney Schoonover prepares all companion petitions as part of a single coordinated filing in Miami-Dade Circuit Court not as afterthoughts filed separately weeks later.
Court Review and Order of Summary Administration
The probate judge reviews all filed documents. If everything is in order and no objections are raised, the court enters an Order of Summary Administration authorizing the asset distribution as proposed in the petition. In Miami-Dade County, an uncontested summary administration typically receives its order within two to six weeks of the initial filing date.
Distribution of Assets to Beneficiaries
Once the court order is entered, the petitioning beneficiary presents a certified copy of the Order of Summary Administration to financial institutions, property title companies, and other asset custodians. Assets transfer to the beneficiaries named in the order without further court proceedings. Most Miami-Dade banks process these requests within one to two business days of receiving the certified order.
If the decedent died fewer than two years before the petition is filed and a creditor files a valid claim after distribution has occurred, the beneficiaries who received assets are personally liable for that debt up to the amount they received. This liability persists until the two-year mark from the date of death. Attorney Schoonover reviews the creditor landscape of every estate before recommending the summary route.
How Asset Distribution Works After the Order of Summary Administration
Asset distribution in summary administration begins the moment the Order of Summary Administration is signed. Unlike formal administration where the personal representative must wait for the creditor claim period to expire, summary administration authorizes distribution immediately through the court’s order itself.
Bank & Financial Accounts
Present the certified Order plus death certificate to the financial institution. Most Miami-Dade banks process within 1 to 2 business days.
Real Property
Attorney prepares a deed transferring title recorded in Miami-Dade County official records. For homestead property, the separate Order Determining Homestead Status serves as the transfer document.
Vehicles
The Florida Department of Motor Vehicles accepts a certified copy of the Order to transfer a vehicle title directly to the named beneficiary.
Personal Property
Jewelry, household contents, and collectibles transfer informally based on the order's authorization without requiring a separate filing or deed.
Protecting Your Rights as a Beneficiary
Beneficiary rights in summary administration differ from formal administration in one critical way there is no personal representative with ongoing fiduciary duty, no mandatory annual accounting, and no court-supervised distribution after the initial order. Beneficiaries must be proactive before the petition is filed, not after.
Right to Receive Proper Notice
Every beneficiary named in the will and every heir at law must receive proper notice of the petition before the court can approve it. A beneficiary not properly noticed can challenge the Order after it is entered.
Right to Review the Proposed Distribution
The petition must include a proposed distribution schedule listing every asset and the specific beneficiary who will receive it. You have the right to review and object to any proposed distribution before the court enters its order.
Right to Object Before the Order Is Entered
If the petition contains errors, omissions, or intentionally excluded assets, you can file a written objection before the order is signed. After the order is entered and assets are distributed, reversing the distribution requires a separate legal proceeding significantly more expensive to pursue.
- Super Lawyers Rising Stars 2021 through 2026
- 2024 Elite Lawyer Award
- Florida Bar #124081, admitted September 2016
Your Summary Administration and Small Estate Attorney in South Florida
Attorney Yanitza Schoonover, Florida Bar #124081, handles every summary administration personally for Miami-Dade, Broward, and Palm Beach families. She has prepared summary administration petitions in Miami-Dade Circuit Court for estates ranging from single bank accounts to homestead property transfers and multi-asset estates qualifying under the two-year rule.
Years in Estate Law
Years Licensed
Consecutive Rising Stars
Weekly Availability
Why Families Choose The Schoonover Law Firm for Summary Administration
A petition missing required elements is rejected by the court. A petitioner who certifies creditors are addressed when they are not faces personal liability. Attorney Schoonover provides certainty that the petition is prepared and filed correctly the first time.
Attorney-Drafted Personally
Yanitza Schoonover, Florida Bar #124081, personally handles every summary administration.
Creditor Liability Reviewed Before Filing
Every case is reviewed for petitioner personal liability exposure. If summary administration creates more risk than formal administration for your estate, you are told before any documents are prepared.
Fee Quote in Writing Before Work Begins
All fees confirmed in writing before any probate work commences. No hourly billing during an already difficult time for your family.
All Companion Petitions Filed Together
Homestead determination and exempt property petitions are prepared and filed as a coordinated package not as afterthoughts filed separately weeks later.
Bilingual, English and Spanish
Full probate representation available in Spanish. Hablamos español. For Miami-Dade families who prefer to work in Spanish throughout the process.
Available Mon–Sun 8AM–9PM
Phone and Zoom consultations available Monday through Sunday, 8:00 AM to 9:00 PM. Urgent probate questions do not wait for business hours.
Areas We Serve
The Schoonover Law Firm serves clients statewide across Florida. Attorney Yanitza Schoonover is based at 6303 Waterford District Dr, Suite 400, Miami, FL 33126 and primarily serves families in the following areas.
Miami-Dade County
Miami, Hialeah, Coral Gables, Miami Beach, Homestead, Miami Gardens, North Miami, Doral, Aventura, Cutler Bay, Palmetto Bay, Pinecrest, South Miami, Miami Lakes, North Miami Beach, Opa-locka, Sweetwater, Sunny Isles Beach, Bal Harbour, Key Biscayne, Miami Shores, Surfside, Biscayne Park, El Portal, West Miami, Virginia Gardens, Medley, Hialeah Gardens, Florida City, North Bay Village, Bay Harbor Islands, Golden Beach, Miami Springs, Islandia, Westchester, Tamiami, Kendale Lakes, The Hammocks, Fountainebleau, University Park, Olympia Heights, Gladeview, Leisure City, Naranja, Princeton, Three Lakes, Country Club, Kendall
Broward County
Fort Lauderdale, Plantation, Hollywood, Pembroke Pines, Miramar, Coral Springs, Pompano Beach, Davie, Deerfield Beach, Sunrise
Palm Beach County
Boca Raton, West Palm Beach, Delray Beach, Boynton Beach, Lake Worth, Wellington, Greenacres
Attorney Yanitza Schoonover serves all South Florida. Call (305) 299-7496 for any Florida location not listed.
Frequently Asked Questions About Florida Summary Administration
What is the $75,000 limit for Florida summary administration and what is excluded?
The $75,000 limit applies only to the non-exempt assets of the probate estate the assets that would otherwise require court administration. Exempt assets are excluded from the calculation entirely. The most significant exempt asset in South Florida is the primary homestead.
The constitutional homestead protection means the primary residence does not count toward the $75,000 threshold, no matter its value. Other exempt property under Florida Statutes Section 732.402 includes household furnishings and appliances up to $20,000 and two motor vehicles. A South Florida family with a $400,000 homestead and $60,000 in bank accounts may qualify for summary administration if the homestead is properly classified.
Can a beneficiary be held personally liable after summary administration is completed?
Yes, and this is the most important risk in summary administration. If the decedent died fewer than two years before the petition is filed, any beneficiary who received assets through the distribution order can be held personally liable for valid creditor claims filed after the distribution, up to the amount they received.
This liability persists until the two-year mark from the date of death. If the decedent died more than two years before the petition, all creditor claims are permanently barred and this risk does not apply. Attorney Schoonover reviews creditor exposure on every estate before recommending the summary track.
What is the difference between summary administration and formal administration in Florida?
Florida summary administration is for qualifying smaller estates or older deaths. It takes 4 to 8 weeks on average, does not require a personal representative, skips the mandatory three-month creditor notice period, and costs significantly less in attorney fees and court costs. The Miami-Dade filing fee for summary administration is approximately $346, compared to $400 to $2,000 for formal administration depending on estate value.
Florida formal administration is required for estates with non-exempt assets above $75,000 where the decedent has been deceased for fewer than two years. It takes 9 to 24 months and requires a court-appointed personal representative, full creditor notification, an estate inventory, and a final accounting. The statutory attorney fee on a $300,000 estate under formal administration alone exceeds $9,000. Summary administration, when the estate qualifies, eliminates all of that.
Does summary administration require all beneficiaries to agree?
All beneficiaries do not need to sign the petition, but every beneficiary and heir at law must receive proper notice of the petition before the court can enter its order. If a beneficiary objects to the proposed distribution, the court will schedule a hearing to resolve the dispute.
In practice, the most efficient summary administration proceedings are those where all beneficiaries agree on the proposed distribution before filing. Attorney Schoonover coordinates beneficiary consent before any petition is submitted to avoid objections that delay the order.
Can I file a summary administration petition without an attorney in Florida?
Florida law does not technically prohibit a self-represented petitioner in summary administration. However, Florida Probate Rule 5.030 requires attorney representation in formal administration, and the practical risks of self-representation in summary administration are significant.
A petition that is missing required elements is rejected by the court. A petitioner who certifies that all creditors are addressed when they are not faces personal liability. A homestead that is misclassified can cause the distribution order to be invalid. Attorney Schoonover charges a flat fee for summary administration matters and provides certainty that the petition is prepared and filed correctly the first time.
Do you offer summary administration consultations in Spanish?
Yes. All consultations and probate representation are fully available in Spanish. Hablamos español. Llámenos al (305) 299-7496.
Ready to Begin the Summary Administration Proceeding?
Call (305) 299-7496 or email info@estateplanningattorney.us. Attorney Schoonover reviews the estate assets, identifies whether summary or formal administration applies, analyzes creditor liability exposure, and confirms whether all companion petitions are needed before any work begins. A fee quote is confirmed in writing upfront.
Attorney Schoonover also prepares revocable living trusts, Lady Bird Deeds, and complete estate plans that prevent the next generation from needing any probate proceeding summary or formal.
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Email info@estateplanningattorney.us
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In-person meetings by appointment only.
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