Formal vs. Summary Administration: Which Probate Process Applies to Your Boca Raton Estate?

When a loved one passes away, Florida families must determine how the estate will move through Florida probate. In Boca Raton, some estates may qualify for summary administration, while others may require formal administration. Many families do not know the difference between these two processes. Here is what to know about the difference between formal and summary administration and which might apply in your case. 

What is Probate, and Will the Estate Go Through It?

Probate is the court-supervised process for settling a person’s estate after death. It helps identify and gather the person’s probate assets, pay valid debts and expenses, and transfer the remaining assets to the appropriate beneficiaries.

Not every asset goes through probate. Probate generally applies to assets the person owned in their sole name or that have no other way to transfer ownership after death. For example, a bank account held only in the deceased person’s name may require probate. Probate may also be necessary when someone leaves a will.

A personal representative handles the estate during probate. The court appoints this person to gather and protect assets, notify creditors, pay valid debts, handle required tax matters, and distribute the remaining assets. The personal representative then takes the steps needed to close the estate.

Florida offers different probate procedures, including formal administration and summary administration. The appropriate process depends on the estate and its circumstances.

What Is the Difference Between Formal and Summary Administration?

Both formal administration and summary administration processes help transfer a deceased person’s probate assets to the proper beneficiaries. The main differences involve the estate’s value, the court process, and the amount of administration required.

Formal administration is the more detailed probate process. The court oversees the estate and appoints a personal representative to handle the administration. The personal representative identifies and protects the estate’s assets. They also notify creditors, address valid debts, handle required tax matters, and distribute the remaining assets to the beneficiaries.

Formal administration may take several months or longer. The length depends on the estate’s circumstances. Creditor claims, disputes, real estate, taxes, or other issues can extend the process. Even a simple estate generally remains open for at least three months because of the creditor claim period.

Summary administration is a simpler probate option. An estate may qualify when the value of Florida probate assets does not exceed $75,000 after accounting for certain exempt property. The estate must also meet other requirements, such as having paid the decedent’s debts or having no creditor objections.

An estate may also qualify for summary administration if the decedent has been dead for more than two years and no prior probate administration has occurred.

Frequently Asked Questions

What is the probate procedure in Florida?

The probate process will differ depending on the circumstances. However, it starts when the will, if there is one, is filed with the court and someone is appointed to manage the estate. This person is called a personal representative or executor. The personal representative identifies and values the person’s assets, such as bank accounts, real estate, and personal property. They also notify creditors and pay valid debts, bills, and any required taxes using estate funds. After the representative pays debts and expenses, they can distribute the remaining assets to the beneficiaries named in the will. If there is no will, the estate is generally distributed according to state law. The personal representative provides any required accounting or documentation to the court. Once everything is settled and the court approves the final steps, the probate case closes, and the representative’s duties end.

Can probate be avoided?

Sometimes. Estate-planning tools like revocable living trusts, beneficiary designations, joint ownership, and payable-on-death or transfer-on-death arrangements can help certain assets pass directly to beneficiaries without going through probate.

What is a personal representative?

A personal representative is the person legally responsible for managing a deceased person’s estate during probate. Often called an executor in other states, the personal representative handles important tasks such as identifying and protecting assets, paying valid debts and expenses, filing required tax and court documents, and distributing property to beneficiaries.

How long does probate take?

The length of the probate process in Florida depends on the estate’s size and complexity. Many Florida probate cases can be completed within approximately six to nine months when there are no major complications. However, Florida courts generally expect estates to be closed within 12 months after the issuance of letters of administration. Several factors can extend the timeline. Estates generally must remain open for at least three months to allow creditors to file claims. Additional delays may occur when assets are difficult to locate or value, property must be sold, tax returns are required, or beneficiaries disagree about asset distribution. Will contests and other legal disputes can significantly lengthen the process.

Are there any other alternatives to summary administration and formal administration?

Yes, there is an alternative. Florida law provides a simplified way to handle certain very small estates without formal probate administration. Under Florida Statutes § 735.301, no administration is required when the decedent leaves only exempt personal property and certain nonexempt personal property whose value does not exceed the amount of preferred funeral expenses and reasonable medical and hospital expenses from the last 60 days of the final illness. This is called disposition of personal property without administration. 

Contact a Boca Raton Probate Attorney 

Dealing with the loss of a loved one is hard enough, but the confusion around probate administration can cause even more stress. Because the appropriate procedure–summary of formal administration–depends on the specific facts of the estate, an attorney can help determine which process may apply and explain the steps involved. A Boca Raton probate attorney can review the estate and explain which probate process may apply. Contact us today.