Summary administration vs. formal administration in Florida

The two tests for summary administration

Summary administration is Florida's simpler process. There is no personal representative. Instead, the court signs an order that distributes the property directly to the beneficiaries. An estate can qualify in one of two ways:

1. The size test. The value of the estate subject to administration in Florida, minus property that is exempt from creditors, is $150,000 or less. Before July 1, 2026, the limit was $75,000. The higher limit opened summary administration to a lot of families who would have needed formal probate a year ago.
2. The time test. The person has been dead for more than two years. Then the dollar amount doesn't matter.

One more condition: if there is a will, it can't direct that the estate go through formal administration. Most simple wills don't say that, but the attorney will check.

Why the homestead exclusion matters so much

For many Pinellas families, the house is the biggest thing in the estate. If it was the person's protected homestead, its value is not counted toward the $150,000. That means an estate made up of a homestead house, a modest bank account, and a car often fits summary administration even though the house itself is worth well over $150,000.

It works differently when the house was not the person's homestead. A rental house, a second home, or a house the person had moved out of years earlier generally does count. If that house alone is worth more than $150,000, the estate would usually need formal administration, unless the person died more than two years ago.

Whether a house is protected homestead is a legal question. The attorney looks at where the person lived, who survived them, and how the property was used, then asks the court for an order determining homestead. Our inherited homestead guide explains this in more detail.

Side by side

Two plain examples

These are made-up examples to show how the rules work, not real cases.

Example one. A widowed father lived in his St. Petersburg house until he passed. He left the house and a checking account with about $30,000 in it. The house was his homestead, so it is exempt. The rest of the estate is well under $150,000. This estate likely fits summary administration.

Example two. An aunt lived in Clearwater but also owned a rental duplex in Pinellas Park. Her own home was homestead. The duplex was not. If the duplex is worth more than $150,000, the estate likely needs formal administration. If she died three years ago and nobody ever opened probate, the two-year test could make summary administration available after all.

We're not attorneys, and these examples are simplified. The attorney decides which process fits after looking at the whole estate.

What this means if the family wants to sell

In summary administration, the heirs become the owners through the court order, and they sign the deed together. For estates that qualify, the court order can often be in hand within 24 to 48 hours after the heirs sign, and closing usually follows about a week later at a licensed Florida title company. That is the route we call express probate.

In formal administration, the personal representative signs. It takes longer because of the creditor period and the court steps, and sometimes the court must approve the sale. We still buy in formal administration. We just tell families up front that it will take months, not days.

Either way, when Pinellas Probate Home Buyers buys the house, we pay the probate cost, typically about $3,000, and it is not deducted from the heirs' share.

Questions to bring to the attorney's first call

The attorney will make the call on which process fits, but you'll get a faster, clearer answer if you come with the right information. Before that first conversation, try to pin down:

• Where the person lived when they died. If it was the house in question, that points toward homestead. If they had moved to assisted living or in with family, mention it, because it can affect the analysis.
• Who survived them. A spouse, any children under 18, and the names of adult children or other relatives.
• The date of death. If it was more than two years ago, the time test may apply.
• A rough list of what they owned in their name alone. Bank accounts without a payable-on-death beneficiary, vehicles, other real estate. Accounts that name a beneficiary usually pass outside probate and may not count.
• Whether there is a will, and whether the original has been deposited with the Clerk.
• Any debts you know about, such as a mortgage, a reverse mortgage, or medical bills.

You don't need exact values on day one. Rough numbers are enough for the attorney to tell you whether summary administration is likely, and what would change the answer.

We’re a home-buying company, not attorneys. This page is general information about Florida probate, not legal advice; an independent licensed Florida probate attorney represents the estate in every probate we pay for. Last updated November 2026.