There are two primary types of probate in the State of Florida: formal administration and summary administration.

Formal administration is the longer, more involved process. With a formal administration, the Court appoints a personal representative. There is notice to the creditors and inventories and accountings are filed with the Court and provided to the beneficiaries.

Summary administration is a much shorter process. Summary administration can only be used when the value of the estate (less the value of property exempt from claims of creditors such as homestead, etc.) does not exceed $75,000 or when the decedent has been dead for more than 2 years. If a summary administration can be used, then the decedent’s last will and testament is filed along with the death certificate as well as a Petition for Summary Administration. The Court will thereafter admit the will into probate and enter an Order of Summary Administration which distributes the assets in accordance with the decedent’s will. The Summary Administration process can be completed in a very short period of time.

Probate & Guardianship Pages

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