Florida law offers two main types of probate: formal administration and summary administration. Which one applies to your situation depends on the size of the estate, how long ago the death occurred, and whether the decedent left a will. Knowing the difference matters — summary administration can wrap up in weeks while formal administration takes the better part of a year.
Formal administration: the standard Florida probate path
Formal administration is what most people picture when they hear "probate." A personal representative is appointed by the court, Letters of Administration are issued, creditors are notified, and the estate is wound down through a structured process that typically lasts 6 to 12 months. Formal administration is required when the estate has more than $75,000 in non-exempt assets, when the death occurred within the past two years, or when the will requires it.
Summary administration: faster, for smaller or older estates
Summary administration is available in two scenarios: estates with less than $75,000 in non-exempt property, or estates where more than two years have passed since the date of death. There's no personal representative formally appointed and no extended creditor period. Instead, the petitioner asks the court to distribute the assets directly — often via a single court order. Many summary administrations close in 4 to 8 weeks.
How each affects selling a Tampa Bay property
Under formal administration, the personal representative has clear authority to sign a real estate contract once Letters are issued. The sale closes through a normal title company process and proceeds go into the estate account. Under summary administration, real estate is typically distributed directly to beneficiaries by court order — and then the beneficiaries sell it themselves. Either path supports a cash sale; the difference is who signs the contract and the deed.
Disposition without administration: the rare third path
Florida has a narrow third option called "disposition of personal property without administration" for very small estates with only personal property (no real estate, generally) and limited expenses. It's rare and doesn't apply to most Tampa Bay situations where there's a house involved. If you're wondering whether your situation qualifies, your probate attorney will know within minutes.
How to figure out which path applies to your estate
Three quick questions: (1) Did the decedent pass more than two years ago? (2) Excluding exempt property like a homestead, is the estate worth less than $75,000? (3) Does the will or family situation require court oversight? If you answered yes to either #1 or #2 and no to #3, summary administration is likely on the table. Otherwise, formal administration. A 30-minute conversation with a Florida probate attorney will give you a definitive answer — usually for free.
Frequently asked questions
What's the dollar threshold for Florida summary administration?
Less than $75,000 in non-exempt assets. Florida homestead property is generally exempt for this calculation, so a primary residence often doesn't count toward the threshold.
How long does summary administration take in Florida?
Often 4 to 8 weeks if paperwork is clean and the court isn't backlogged. The exact timing depends on the local circuit court — Hillsborough and Pinellas tend to move quickly.
Can you sell real estate under summary administration?
Yes — but the property typically passes to the beneficiaries by court order first, and then the beneficiaries (not a personal representative) sign the contract to sell.
What if the death was more than two years ago?
Summary administration becomes available regardless of estate size when more than two years have passed since death. This is one of the most common ways long-delayed inherited properties get resolved.
Which path will my estate need — can you tell me?
We can usually tell you within a few minutes based on the death date and a rough estate value. The definitive answer comes from a Florida probate attorney. Call (813) 444-7016 and we'll walk through it.
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