Formal and summary probate procedures in Florida

Two paths through Florida probate

When someone dies owning Florida assets in their sole name, those assets generally cannot be transferred to the heirs until a Florida court authorizes it. That court process is probate, and Florida offers two main forms of it. Formal administration is the complete process, with a personal representative appointed to run the estate. Summary administration is a shortcut for small or old estates, with no personal representative and a single petition that asks the court to distribute the assets directly.

The choice between them is not a matter of preference. It is set by statute, based on the value of the estate and how long ago the person died. Understanding which path applies, and whether the estate could have avoided probate altogether, is the first thing a family with Florida assets needs to sort out, because the two paths differ sharply in time, cost, and complexity.

Formal administration under chapter 733

Formal administration is the full probate process. It begins with a petition to the circuit court in the county where the decedent owned property, asking the court to admit the will (if there is one) and to appoint a personal representative. The personal representative, once issued letters of administration, has authority to act for the estate: to collect the assets, to publish a notice to creditors and deal with claims, to pay valid debts, taxes, and expenses, and finally to distribute what remains to the beneficiaries and close the estate.

Formal administration is used whenever summary administration is not available, which is most estates of any size. It is more thorough, because the appointed personal representative can take the full range of actions needed to administer a complex estate, but it is also slower and more expensive, because of the court supervision, the creditor process, and the attorney involvement that Florida generally requires. A formal administration commonly runs several months from opening to closing, and longer if there are disputes or claims.

Summary administration under chapter 735

Summary administration is the streamlined alternative, and it exists for two distinct situations set out in section 735.201. The first is a small estate: the value of the estate subject to administration in Florida, less the value of property that is exempt from the claims of creditors, does not exceed 75,000 USD. The second is an old estate: the decedent has been dead for more than two years, regardless of the value, because after two years Florida bars most creditor claims and the streamlined process becomes appropriate.

In summary administration there is no personal representative. Instead, the beneficiaries (and the surviving spouse, if any) file a petition asking the court to enter an order distributing the assets directly to the people entitled to them. Because there is no appointed representative and a much lighter creditor process, summary administration is faster and cheaper than formal administration, often resolving in a matter of weeks once the paperwork is in order. Its limitation is exactly its threshold: it is unavailable for a larger, recent estate, no matter how simple the family situation.

What this means for a Canadian owner

A Canadian who dies owning a Florida condo in their own name forces a Florida probate, because Florida assets are administered under Florida law regardless of where the owner lived. Because the owner was a non-resident, this is an ancillary probate, a secondary Florida proceeding that runs alongside the estate administration back in Canada. Whether that ancillary probate is formal or summary turns on the same statutory test: the Florida value, less exempt property, against the 75,000 USD line, or the two-year rule.

The cross-border trap is the exempt-property point. Florida's most valuable exemption is homestead, but homestead protection attaches to a Florida primary residence, and a Canadian snowbird's vacation condo is not a homestead. That means the condo's full value counts toward the 75,000 USD summary threshold, so a typical Florida condo will usually exceed it and require formal administration unless the owner has been dead for more than two years. This is one of the strongest reasons Canadians hold Florida property in a funded revocable living trust or use a Lady Bird deed: to avoid the ancillary probate entirely. The companion guide on ancillary probate in Florida for Canadians covers that proceeding in detail, and the guide on managing a Florida property during probate covers what happens to the condo while the process runs.

Formal versus summary, side by side

Worked example: which path for a Florida condo

Suppose a Canadian dies owning a Florida condo worth 400,000 USD in their own name, having died a few months earlier. The condo is not a homestead, because it was a vacation property, so its full 400,000 USD value counts toward the summary threshold. Since 400,000 USD far exceeds the 75,000 USD limit, and the death was recent, summary administration is unavailable. The estate must go through formal administration: a personal representative is appointed, creditors are addressed, and the condo is transferred to the heirs over several months.

Now change one fact: the owner died three years ago and the family only now addresses the Florida title. Because the decedent has been dead for more than two years, summary administration becomes available regardless of the 400,000 USD value, and the family can use the faster chapter 735 process. The same property thus takes two very different paths depending only on how long ago the death occurred, which is why timing matters as much as value.

Common mistakes

The errors here come from misreading the summary threshold and from assuming Florida probate can be skipped.

The first is assuming a Canadian condo qualifies for summary administration because the family is small or there is a clear will. Eligibility depends on value and timing, not on simplicity, and a non-homestead condo usually exceeds the 75,000 USD line. The second is treating the vacation condo as exempt homestead; homestead protection requires a Florida primary residence, so a snowbird's condo is fully counted. The third is forgetting that a non-resident's Florida property triggers an ancillary probate in addition to the Canadian administration, doubling the process. The fourth is starting a formal administration without realizing that, after two years, the much cheaper summary route would have been available. The fifth is the biggest of all: doing nothing in advance, when a funded revocable living trust or a Lady Bird deed could have avoided Florida probate entirely.

Checklist: choosing the Florida probate path

1. Confirm whether the Florida asset was held in the decedent's sole name, in a trust, or with a survivorship or transfer-on-death feature.
2. If probate is required, determine that it is an ancillary proceeding because the owner was a non-resident.
3. Value the Florida estate subject to administration and subtract any genuinely exempt property.
4. Check the summary test: value (less exempt) at or below 75,000 USD, or death more than two years ago.
5. If summary is unavailable, plan for formal administration with an appointed personal representative.
6. Engage a Florida probate attorney; Florida generally requires one for formal administration.
7. For future planning, consider a funded revocable living trust or a Lady Bird deed to avoid the ancillary probate next time.

FAQ

What is the difference between formal and summary administration?

Formal administration, under chapter 733, is the full process with an appointed personal representative and a complete creditor process. Summary administration, under chapter 735, has no personal representative and is faster, but it is only available for an estate worth 75,000 USD or less after exempt property, or when the decedent has been dead for more than two years.

Does my Florida vacation condo qualify for summary administration?

Usually not in the first two years after death. A vacation condo is not a Florida homestead, so its full value counts toward the 75,000 USD threshold, which most condos exceed. After two years, summary administration becomes available regardless of value.

Why does a Canadian owner face ancillary probate?

Because Florida property is administered under Florida law no matter where the owner lived. A non-resident's death therefore opens an ancillary Florida probate alongside the Canadian estate administration. The detail is covered in the ancillary probate guide.

How long does Florida probate take?

Summary administration can resolve in weeks once filed. Formal administration commonly takes several months to about a year, and longer if there are claims or disputes. The exact time depends on the estate and the county.

Can I avoid Florida probate entirely?

Often, yes, with planning. Holding the Florida property in a funded revocable living trust, or using a Lady Bird (enhanced life estate) deed, can pass the property outside probate, which avoids the ancillary proceeding that a Canadian owner would otherwise face.

Do I need a Florida lawyer?

For formal administration, Florida generally requires the personal representative to be represented by a Florida attorney. Summary administration is lighter, but a lawyer is still commonly used to prepare the petition correctly, especially in a cross-border estate.