Not all probate cases in Florida are the same. Depending on the size and circumstances of the estate, a case may qualify for either formal administration or summary administration.
If you’re in Miami and wondering which process applies to your family, this guide will explain the key differences, timelines, costs, and when you’ll need a probate lawyer for each.
What Is Formal Administration?
Formal administration is the standard probate process in Florida. It applies when:
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The estate is worth more than $75,000.
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The deceased passed away within the last two years.
Key Features of Formal Administration:
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Court supervision: The probate court closely oversees the entire process.
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Personal representative (executor): The court appoints one to manage the estate.
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Length of process: Typically 6–18 months, sometimes longer if disputes arise.
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Complex estates: Best suited for estates with multiple properties, debts, or contested wills.
Example: If someone passes away in Miami owning a $500,000 condo, $200,000 in investments, and outstanding debts, their estate requires formal administration.
What Is Summary Administration?
Summary administration is a simplified probate process available in Florida when:
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The estate is worth less than $75,000 (excluding exempt property like homestead).
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OR the deceased has been dead for more than two years.
Key Features of Summary Administration:
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Faster process: Usually completed in 3–6 months.
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No personal representative: Unlike formal administration, the court does not appoint an executor.
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Lower costs: Attorney fees and court costs are generally less.
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Simpler cases: Ideal for smaller estates with minimal debts.
Example: If a Miami resident passed away three years ago, leaving only a small bank account and car, the family could use summary administration.
Comparing Formal vs. Summary Administration
| Feature | Formal Administration | Summary Administration |
|---|---|---|
| Estate Value | Over $75,000 | Under $75,000 OR >2 years since death |
| Timeframe | 6–18 months (or longer) | 3–6 months |
| Personal Representative | Required | Not required |
| Court Supervision | Full oversight | Limited oversight |
| Costs | Higher | Lower |
| Best For | Large or complex estates | Small or older estates |
Which Process Applies to You?
To determine which probate process applies, ask:
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What is the total value of the estate?
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How long ago did the person pass away?
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Are there debts or disputes that need resolution?
If the estate is larger, newer, or contested → formal administration.
If the estate is small, simple, or older → summary administration.
Why a Probate Lawyer Helps in Both Cases
Even summary administration can be tricky. A Miami probate lawyer ensures:
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Proper filings and documentation.
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Creditors are notified correctly.
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Heirs receive their inheritance without disputes.
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Deadlines are met to avoid delays.
Conclusion
Florida offers two main probate options: formal administration for larger or contested estates and summary administration for smaller or older ones. Both have specific rules and procedures, and choosing the right path can save families time, money, and stress.
If you’re unsure whether your case qualifies for formal or summary administration, contact our Miami probate lawyers today. We’ll review your situation and guide you to the most efficient solution.
