The Two Main Forms of Probate in Florida

Probate is defined as the process of proving a Will is valid in court and thereafter administering the estate of the decedent according to the terms of their Will. In Florida, there are two main types of probate: Summary Administration and Formal Administration. In an effort to make the probate process less complex and easier to understand, this blog will break down these two forms of probate.

• Summary Administration: Summary Administration is often the easiest and least expensive type of probate, but it can only be utilized when an individual’s estate is worth less than $75,000 and there are no unpaid creditors of the decedent. Additionally, if the decedent has been dead for at least two years at the time the probate process is started, then Summary Administration may be employed. If the decedent died with a Will, it will be admitted by the court if it is valid. If the decedent died without having created a Will, the process of intestate succession will apply.

• Formal Administration: Formal Administration involves close supervision by the court of the collection and distribution of the assets in the decedent’s estate and the payment of the decedent’s creditors. Once a probate attorney has been hired and the official filings have been made to the court, a judge will issue letters of administration (an order that authorizes a Personal Representative to act on behalf of an individual’s estate), then the process may begin. Administration of the estate may involve: notifying creditors, collecting assets, collecting debts, identifying the rights of beneficiaries, maintaining assets, processing and paying creditor claims and preparing objections to a claim. When this process is complete, the hired probate attorney will file a petition with the court to close the Estate. Once the estate has officially been closed, the probate process is over.