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Types of Probate

Summary administration:

If someone dies with less than $75,000 in assets (excluding the value of any homestead property) or died more than two years ago, their estate may be administered as part of a summary administration or shortened process. Summary administration is generally a simple process in which an estate can be opened and closed in one day.  Follow the link for the Florida laws governing Florida summary administration.

Formal administration:

If someone dies with assets in excess of $75,000, a formal administration will be required. Formal administration is much more complex than summary administration in that it requires the preparation, filing, and service of many legal documents before the court will allow final distribution of the assets. In contrast to summary administrations, uncontested formal administrations can last anywhere between six months to two years.  Follow the link for Florida laws governing Florida formal administration.

Ancillary administration:

It may be necessary to file an ancillary administration if someone dies a resident of another state but owns real estate in Florida. When a person dies owning real property in another state, title to that property may only be transferred though the court of the state where the property is located.  Follow the link for Florida laws governing Florida ancillary administration.

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