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Florida Probate Types: Summary vs Formal Administration

Find the right probate procedure for your situation

Compare eligibility, timing, court involvement, and local verification points

Summary vs Formal Administration at a Glance

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CategorySummaryFormal AdministrationWinner
EligibilityEstate under $75,000 or 2+ years since deathAny estate valueSummary
Filing Fee$236-$346$401Summary
Timeline3-6 months6-12+ monthsSummary
Attorney RequiredNo (recommended)Yes (legally required)Summary
Court SupervisionLimitedFull court oversightSummary
Real EstateAllowedAllowedTie

Main Florida Probate Options

Disposition Without Administration

F.S. 735.301 / 735.304

Exempt-property/final-expense cases or certain intestate personal-property estates after 1 year

Threshold: Only certain personal-property estates; no real estate

Filing Fee: $232

Timeline: A few weeks to a couple of months

Real Estate: No

Attorney: No

Summary Administration

F.S. 735.201

Small to medium estates and older estates

Threshold: Under $75,000 or 2+ years since death

Filing Fee: $236-$346

Timeline: 3-6 months

Real Estate: Yes

Attorney: No (recommended)

Formal Administration

F.S. Chapter 733

Large estates, disputes, or complex situations

Threshold: Over $75,000 or complex estates

Filing Fee: $401

Timeline: 6-12+ months

Real Estate: Yes

Attorney: Yes (required)

* Filing fees are standardized across Florida per state statutes.

Unfamiliar terms in the comparison? The Florida probate glossary defines them in plain language.

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Frequently Asked Questions

What is the threshold for summary administration in Florida?
Summary administration is available for estates under $75,000 (excluding exempt property) or when the death occurred more than 2 years ago, regardless of estate value.
What counts for disposition without administration in Florida?
Disposition Without Administration is narrower than a flat dollar cap. It is usually limited to exempt property plus preferred funeral and last-60-days medical expenses, or certain intestate personal-property estates with up to $10,000 of nonexempt personal property after the decedent has been dead more than 1 year.
Do I need an attorney for probate in Florida?
Florida law requires an attorney for formal administration. Summary administration and disposition without administration do not legally require an attorney, but one is recommended for complex cases.
What is the difference between summary and formal administration?
Summary administration is faster (3-6 months vs 6-12+), cheaper (no attorney required), and has limited court oversight. Formal administration is required for larger estates and involves full court supervision.
Can I use summary administration if the estate has real property?
Yes, summary administration can handle real property. However, disposition without administration cannot be used if the estate includes real estate.

Legal Authority: Florida Statutes Chapter 733-735. Last Verified: March 2026.

This content is for informational purposes only and is not legal advice or a substitute for attorney review. Laws and fees may change. Verify current requirements with your local court clerk before filing.

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