Summary vs. Formal Administration in Florida: How to Choose

The two statutory tests

Under s. 735.201, summary administration may be had for either a resident or a nonresident decedent's estate when it appears that:

1. In a testate estate, the will does not direct administration as required by chapter 733.
2. The value of the entire estate subject to administration in Florida, less the value of property exempt from the claims of creditors, does not exceed $75,000, or the decedent has been dead for more than two years.

Reading the tests

• The will test applies only to testate estates. If the will directs administration as chapter 733 requires, summary administration is not available.
• The value test counts the estate subject to administration in Florida, less exempt property. The estate is the property of the decedent that is subject to administration, so classify each asset before adding up the total rather than starting from a total net worth.
• The two-year test is an alternative to the dollar test. An estate worth more than $75,000 can still qualify if the decedent has been dead for more than two years. Separately, s. 733.710 generally cuts off claims against the estate two years after death.

What formal administration brings with it

Formal administration is the full process: petition, order of appointment, Letters, inventory, notice of administration, notice to creditors, and a final accounting and petition for discharge. The formal administration checklist walks through each stage, and the notice to creditors guide covers the claims process in detail. Chapter 735 also provides a narrower route, disposition without administration, for certain small estates.

Questions to answer before choosing

• Does the will direct administration?
• What is the value of the estate subject to administration after exempt property is subtracted?
• How long has it been since the date of death?
• Are there known creditors or anticipated claims?
• Is a personal representative with Letters needed to act for the estate?

General information for Florida practitioners, reviewed in October 2026 against the statute and rule text linked above. It is not legal advice. Rules, statutes and local circuit practices change, so confirm against the current text and your circuit's requirements before relying on it.

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