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Unlocking Probate: Understanding the Difference between Formal and Summary Administration

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by

Marcella Taylor
in

In Florida, formal probate and summary probate are two different procedures for administering a deceased person’s estate, each suited to different circumstances. Here are the key differences between formal and summary probate:

Complexity and Size of the Estate

  • Formal Probate: Formal probate is typically used for larger estates or those with more complex assets and legal issues. It involves a more detailed and extensive court-supervised process.
  • Summary Probate: Summary probate is designed for smaller estates with fewer assets and uncomplicated distribution requirements. It offers a simplified and expedited probate process.

Court Involvement

  • Formal Probate: In formal probate, the court closely oversees the entire process, including the appointment of a personal representative, notification of creditors, inventory, and appraisal of assets, payment of debts and taxes, and distribution of assets to beneficiaries.
  • Summary Probate: Summary probate involves less court involvement compared to formal probate. The process is streamlined, and the court’s role is generally limited to reviewing and approving the necessary documents.

Timeline

  • Formal Probate: Formal probate proceedings can take a longer time to complete, typically ranging from several months to a year or more, depending on the complexity of the estate and any legal challenges that may arise.
  • Summary Probate: Summary probate is generally faster and more efficient, with the entire process often completed within a few months, provided there are no complications or disputes.

Requirements for Eligibility

In summary, while both formal and summary probate serves the purpose of settling a deceased person’s estate, they differ in terms of complexity, court involvement, timeline, and eligibility requirements. Choosing the appropriate probate procedure depends on the specific circumstances of the estate and the goals of the parties involved. Consulting with a qualified probate attorney can help determine the most suitable approach for administering the estate effectively.