Florida offers two main court-supervised probate paths: formal administration and summary administration. Formal administration is the full process, run by a court-appointed personal representative, and it applies to most estates of any meaningful size. Summary administration is an abbreviated alternative available only when the qualifying estate assets total $75,000 or less, or when the decedent has been dead for more than two years. The right choice turns on the size and makeup of the estate, how long ago the person died, and, critically for many Boca Raton families, what kind of real property is sitting inside the estate.
I have handled enough Palm Beach County estates to tell you that the “which one do I file” question is rarely as simple as the dollar threshold makes it sound. A condo on the Intracoastal, a homestead in a deed-restricted community, an out-of-state creditor with a long memory — any of these can pull an estate that looks like a summary candidate straight into formal administration. Below is how the two procedures actually differ, and how to decide which one your situation calls for.
What formal administration is, and when Florida requires it
Formal administration is the standard, fully supervised probate proceeding governed by Chapter 733 of the Florida Statutes. The court appoints a personal representative (Florida’s term for what other states call an executor or administrator), issues Letters of Administration, and that representative then gathers assets, gives notice to creditors, pays valid claims, files an inventory, and ultimately distributes what remains to the beneficiaries.
You generally must use formal administration when the estate doesn’t qualify for the shortcut — meaning the non-exempt assets exceed $75,000 and the death occurred within the last two years. But size isn’t the only trigger. Formal administration is also the practical choice whenever any of these are true:
- The estate needs an empowered fiduciary to sell, manage, or clear title to real estate — title insurers and buyers want to see Letters of Administration.
- There are contested issues: a will challenge, competing heirs, a disputed creditor claim, or an ambiguous beneficiary designation.
- The personal representative needs authority to bring or defend a lawsuit, such as a wrongful-death or contract claim.
- Ongoing assets (a business, rental property, brokerage accounts) require active management over time.
The formal administration timeline
A typical uncontested formal administration in Palm Beach County runs roughly six months to a year. The single biggest clock is the creditor period. Under Florida Statute 733.702 and section 733.2121, the personal representative publishes a Notice to Creditors and serves known creditors directly; most claims must be filed within three months of first publication, or within 30 days of being served, whichever is later. The estate generally cannot close and distribute clean until that window runs and claims are resolved. Florida’s two-year statute of repose in section 733.710 bars most claims entirely after two years from death — which is exactly why summary administration becomes broadly available once that anniversary passes.
What summary administration is, and who actually qualifies
Summary administration, set out in sections 735.201 through 735.206, skips the personal representative entirely. There are no Letters of Administration. Instead, the interested parties (or the surviving spouse) file a Petition for Summary Administration, and if the court is satisfied, it enters an Order of Summary Administration that directly distributes the assets to the people entitled to them.
You qualify for summary administration in Florida if either of these is true:
- The value of the entire estate subject to probate in Florida — not counting exempt property such as homestead — is $75,000 or less; or
- The decedent has been dead for more than two years, regardless of the estate’s value.
That second prong surprises people. A multi-million-dollar estate can sometimes proceed by summary administration if more than two years have passed since death, because the statute of repose has already extinguished creditor exposure. The trade-off is that summary administration provides no fiduciary, no organized creditor process, and no one with clean authority to act on the estate’s behalf going forward.
The catch with homestead
Homestead property is exempt and therefore doesn’t count toward the $75,000 ceiling — which makes summary administration look tempting for the classic Boca Raton estate: a paid-off home and modest bank accounts. But homestead still has to be addressed. The court must determine that the property was the decedent’s homestead and confirm how it passes under Florida’s constitutional homestead protections and the descent rules in section 732.401. Summary administration can do this, but the petition has to be drafted carefully, and if heirship is at all murky, formal administration is usually the safer route to a marketable title.
Real property is where the two paths really diverge
This is the crux for our practice. When an estate’s biggest asset is real estate — a single-family home west of Federal Highway, a condo unit, an inherited duplex — the question isn’t just “do we qualify for summary administration?” It’s “can we deliver clean, insurable title to a buyer or to the heirs?”
Summary administration can transfer real property: the Order of Summary Administration operates much like a deed and can be recorded. For a homestead passing to clearly identified heirs with no creditor concerns, that’s often enough, and it’s faster and cheaper than full probate.
But the moment you need to sell non-homestead real property, or the title chain has gaps, or there are minor or unknown heirs, the absence of a personal representative becomes a real obstacle. There is no fiduciary to sign a closing as seller, negotiate with a lender, or give the warranties a title underwriter wants. In those cases, formal administration — with its empowered personal representative and Letters of Administration — is the cleaner, and frankly the only practical, path. We routinely steer real-property-heavy estates toward formal administration for exactly this reason, even when the dollar math would technically allow the summary route.
Cost, control, and creditor protection: the honest trade-offs
Summary administration is cheaper and quicker — usually weeks rather than months, with lower attorney’s fees and fewer filings. Formal administration costs more and takes longer, but it buys you three things that matter:
- A bar against creditors. Formal administration’s published notice triggers the three-month claims window, after which untimely claims are barred. Summary administration’s protection is narrower; the petitioners can remain personally liable to creditors up to the value of what they received, generally for two years after death.
- An authorized fiduciary. Someone with Letters who can deal with banks, the IRS, title companies, and litigation.
- A structured process for inventory, accounting, and resolving disputes among beneficiaries.
If you’re weighing how these mechanics compare to other states, the Florida framework parallels but doesn’t mirror New York’s. Our colleagues describe the New York equivalents in their overview of , and a fuller walkthrough of a full proceeding in their guide to the . The thresholds, terminology, and timelines differ from Florida’s, so don’t assume a strategy that worked up north translates south.
How to decide: a practical checklist
When a Boca Raton family sits down with us, we run through the same diagnostic questions:
- How long ago did the person die? More than two years opens summary administration regardless of value.
- What are the non-exempt assets worth? Under $75,000 (excluding homestead) keeps summary administration on the table.
- Is there real property, and will it be sold? A sale of non-homestead real estate usually pushes you to formal administration.
- Are there debts or aggressive creditors? If yes, formal administration’s creditor bar is worth the extra cost.
- Is anyone likely to contest? Disputes belong in formal administration, which has the procedural tools to resolve them.
Answer those five, and the right path usually announces itself. For a deeper look at how we handle estate matters generally, see our Florida probate overview and our notes on wills and estate planning; Morgan Legal’s Florida team also outlines its statewide.
A word on doing it right the first time
The most expensive probate mistakes I see come from choosing the shortcut to save a few dollars, then discovering — at the closing table, with a buyer ready — that summary administration didn’t give anyone authority to sign. Reopening an estate or converting to formal administration after the fact wastes months. Match the procedure to the assets and the facts up front, and the process is far smoother. If you’re unsure which side of the line your estate falls on, talk to a Florida probate attorney before you file anything.
Frequently Asked Questions
What is the dollar limit for summary administration in Florida?
Summary administration is available when the value of the estate assets subject to probate, excluding exempt property such as homestead, is $75,000 or less. Alternatively, summary administration is available regardless of value if the decedent has been dead for more than two years, because Florida’s two-year statute of repose has by then barred most creditor claims.
Can summary administration be used to transfer a house in Florida?
Yes. An Order of Summary Administration can transfer real property, including homestead, and the order can be recorded much like a deed. However, if the property is non-homestead real estate that must be sold, or if heirship is unclear, the lack of a personal representative often makes formal administration the better route for delivering clean, insurable title.
How long does formal administration take in Florida?
An uncontested formal administration typically runs about six months to a year. The main driver is the creditor claims period: after the Notice to Creditors is published, most claims must be filed within three months, and the estate generally cannot fully close and distribute until that window passes and any claims are resolved.
Does homestead property count toward the $75,000 summary administration threshold?
No. Homestead is exempt property under the Florida Constitution and is not counted toward the $75,000 ceiling. Even so, the homestead must still be addressed in the probate, with the court confirming its status and how it passes to heirs under Florida’s descent and homestead rules.
Which is cheaper, summary or formal administration?
Summary administration is cheaper and faster, with lower attorney’s fees and fewer court filings, often completing in weeks. Formal administration costs more and takes longer, but it provides an authorized personal representative, a structured creditor-bar process, and the procedural tools to handle disputes and real estate sales.
Have a question about your estate?
Talk it through with Russel Morgan — free 30-minute consult.
For more on our Florida practice, see our overview of Florida probate administration. Morgan Legal Group's affiliated New York office also handles .
