Formal Probate Administration vs. Summary Probate Administration in Pinellas County, Florida

In my probate practice, clients often ask what is the difference between formal probate administration and summary probate administration. A simple explanation is this:

• Formal probate administration is the regular form of probate proceeding when a Florida resident dies.
• Summary probate administration, on the other hand, is intended for small estates (under $150,000) in which all assets and creditors are known and can be stated in the petition for summary probate administration.

A more detailed way to explain the difference is to list the steps I follow in each type of probate, as follows:

Formal Probate Administration (regular probate)

• Formal probate administration is the regular form of probate proceeding when a Florida resident dies.
• I draft and file a petition for formal probate administration with the Pinellas County Clerk of Court. The petition asks the Court to appoint a Personal Representative (PR), who is usually my client. If there is a will, the petition also asks the Court to admit the will to probate.
  • The petition for formal probate administration does not need to list the assets in detail. It only needs to summarize the known probate assets and their estimated values. The Court needs this information in order to set the amount of the required PR bond, which is based on the estimated total asset value of the probate estate.
  • The petition for formal probate administration does not need to list creditors. The search for creditors begins after the Court rules on the petition for administration, so there is no need to list creditors in the petition for formal probate administration.
• I also draft and file the PR bond based on the Court’s table of values. The Court rarely waives bond, even if the will waives bond.
• I also draft and file the oath of PR by which the proposed PR states under penalties of perjury that the PR has never been convicted of a felony, etc.
• After I file the petition, oath, and bond, the Pinellas County Clerk reviews them and makes a recommendation to the Court. This usually takes from one to six weeks, depending on the Clerk’s case load.
• The Court then issues an order that either (a) lists additional information, documents, or changes that need to be made, or (b) appoints the PR, sets the amount of the surety bond the PR must post, and, if there is a will, admits the will to probate.
• When the Clerk or the Court accept the PR bond, the Court issues Letters of Administration to the PR granting various kinds of authority to the PR to deal with the assets and creditors of the estate.
• The PR is a fiduciary and has many duties and responsibilities under the Florida Probate Code and the Internal Revenue Code.
• The formal probate administration continues until the PR has inventoried, appraised, and accounted for all assets, has searched for and notified all reasonably ascertainable creditors, has paid all claims that were filed with the Clerk during probate, has filed all required tax returns and paid all required taxes, and after all of that is done, has distributed the remaining assets to the beneficiaries per the will or, if there is no will, to the intestate beneficiaries. This process is complicated and detailed so I provide detailed instructions to my clients who are PRs so that they can comply with the Florida Probate Code.
• There is a process to object to claims in formal administration. This gives the PR the opportunity to object to a creditor’s claim if the PR believes it to be legally invalid.
• Formal probate administration takes at least three months because the Florida Probate Code sets a deadline of three months for creditors to file claims after the PR appointed by the Court publishes a Notice to Creditors.
• The actual time that a formal probate administration takes depends on many factors outside the control of the Personal Representative and attorney, but we generally try to close probate estates within six months after filing the petition for formal probate administration.
• For more information about formal probate, see How I Handle Formal Probate Administration in Pinellas County, Florida.

Summary Probate Administration (under $150,000)

• Summary probate administration is intended for small estates (under $150,000) in which all assets and creditors are known and can be stated in the petition for summary administration and in which a PR is not required.
  • The value of homestead real estate and certain contents and vehicles qualifying as exempt property are not counted toward that limit.
  • Assets that pass outside of probate, such as life insurance, retirement accounts, survivorship accounts, and pay on death accounts, are not counted toward that limit either.
• I draft and file a petition for summary probate administration with the Pinellas County Clerk of Court. The petition does not ask the Court to appoint a PR. Instead the petition asks the Court to enter an order requiring that the probate assets be used to first pay the creditors and to distribute the balance to the beneficiaries. If there is a will, the petition also asks the Court to admit the will to probate.
  • The petition for summary administration must list all probate assets in detail along with their estimated values, and it must also list all known creditors and what they are owed.
  • The petition for summary probate administration must also list all known and reasonably ascertainable creditors and what the are owed.
  • If this information is not available, then generally we must file a petition for formal probate administration.
  • In many cases, this information is not available because banks and brokers generally will not provide account numbers and balances without a subpoena or court order.
• After I file the petition for summary probate, the Pinellas County Clerk reviews it and makes a recommendation to the Court. This usually takes from one to six weeks, depending on the Clerk’s case load.
  • The Court then issues an order that either (a) lists additional information, documents, or changes that need to be made, or (b) issues the order of summary administration and, if there is a will, admits the will to probate.
• There is no personal representative (PR) appointed in a summary administration.
  • There are no Letters of Administration issued in a summary administration.
  • Therefore, if there are things that only a PR can do, then a formal administration is necessary.
  • If a bank or other institution requires Letters of Administration before providing account numbers and values, then a summary administration might not be possible, even for a small estate.
• Summary administration is not a continuing probate process.
  • If an asset is discovered after the summary administration order is entered, it can be difficult to deal with the asset if it was not disclosed in the petition and order for summary administration.
  • If a creditor is discovered after summary administration, the beneficiaries of the estate might be personally liable (up to the value of the estate they received) to pay that creditor and the attorneys fees of the creditor.
• There is no process to object to a claim in a summary administration.
  • So, if a claim is filed by a creditor, then the beneficiaries might be legally obligated to pay that claim whether or not they believe it to be legally invalid.
• Summary probate administration often takes less than a month, unless there are complications. Examples of complications that require additional time, fees, and costs are the following:
  • Delays in obtaining the death certificate;
  • Tthe will lacks a valid self-proof clause;
  • Delays and inability to obtain asset and creditor information details;
  • Unpaid creditors, such as mortgages, car loans, and health care providers;
  • Disputes among beneficiaries, family, and others;
  • Homestead issues; and
  • Income taxes and returns.
• For more information about summary administration, see How I Handle Summary Probate Administration in Pinellas County, Florida.

Taxes and Tax Returns

In either type of probate, the PR or beneficiaries will be obligated to file the federal income tax returns for the deceased’s year of death and prior years and to pay from the decedent’s assets any income taxes, penalties, and interest due.

Conclusion

These are just some of the differences between summary and formal probate. Every case varies due to the variety of assets, debts, and relationships the decedent had during life. And the value of the estate alone is not the determining factor. Summary administration is possible for a million dollar estate if the only assets subject to probate total less than the $150,000 limit, as long as the assets and creditors are known in detail.

Knowledgeable probate lawyers assist clients in finding the most efficient, least expensive, and quickest path through probate, whether it be summary administration or formal administration.

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This page relates to one of the practice areas of St. Petersburg, Pinellas County, Florida lawyer James W. Martin. For other practice areas, click here.

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Disclaimer

This page was created for general background and educational purposes, is not legal advice, and does not create an attorney-client relationship.

Updated August 6, 2026