What Is the Difference Between Summary Administration vs. Formal Administration in Pinellas County, Florida, Probate Court?

In my practice as a St. Petersburg, Pinellas County, Florida, probate attorney, there are two common types of probate proceedings. One is the usual form of probate called “formal”, and the other is a shortened version for small estates called “summary”.

Formal Administration

• Formal administration is the regular form of probate proceeding when a Florida resident dies.
• A petition for administration is filed with the Clerk of Court, along with various other documents, and the Court admits the will to probate and appoints a personal representative (PR).
• The petition for administration does not need to list the assets and creditors in detail. It only needs to summarize the known probate assets and their estimated values.
• The Court issues Letters of Administration to the PR granting various kinds of authority to deal with the assets and creditors of the estate.
• The PR has many duties and responsibilities under the Florida Probate Code and the Internal Revenue Code.
• The formal administration continues until all assets, debts and taxes are handled and the net estate is distributed to the beneficiaries.
• There is a process to object to claims in formal administration. This gives the PR the opportunity to object to a creditor’s claim.
• 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. I try to close probate estates within six months after filing.

Summary Administration

• A summary administration, on the other hand, is intended for small estates (under $75,000 before 7/1/26 and, if a pending bill is enacted into law, under $150,000 after 7/1/26) in which all assets and creditors are known and can be stated in the petition for summary administration.
• The value of homestead real estate and certain contents and vehicles qualifying as exempt property are not counted toward that limit.
• A petition for summary administration is filed with the Clerk of Court, along with various other documents, and the Court admits the will to probate and enters an order directing payment of creditors and distribution of assets.
• 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. If this information is not available, then we generally must file a petition for formal probate administration.
• Summary administration is not a continuing probate process.
• There is no personal representative (PR) appointed in a summary administration. Therefore, if there are things that only a PR can do, then a formal administration is necessary.
• There are no Letters of Administration issued in a summary administration.
• 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.
• If an asset is discovered after summary administration, 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 those creditors and the attorneys fees of the creditor.
• There is no process to object to a claim in a summary administration.
• 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; the will lacking a valid self-proof clause; delays and inability to obtain asset information details; unpaid creditors, such as mortgages, car loans, and health care providers; disputes among beneficiaries, family, and others; homestead issues; etc.
• For more information about summary administration, see How I Handle Summary Administration in Pinellas County, Florida, Probate Court.

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 pay 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 accumulated 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 $75,000 or $150,000 limit. 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.

Other Practice Areas

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.

Contact

If you have the need for a Pinellas County Florida probate lawyer, you may use the contact form below or call James W. Martin directly at 727-821-0904 or email him at jim@jamesmartinpa.com for an initial consultation.

This page was written by St. Petersburg Pinellas County Florida probate attorney James W. Martin and was last updated on March 5, 2026.