Florida Summary Administration Attorney

Summary administration is Florida’s streamlined probate procedure under Chapter 735. It avoids appointing a personal representative and can resolve an estate far more quickly than formal administration. For families coming out of a contested guardianship, summary administration is sometimes available, but the guardianship history often determines whether it is realistic.

Eligibility Requirements

Summary administration is available in two situations: when the value of the non-exempt estate is $75,000 or less, or when the decedent has been dead for more than two years. Exempt property, including protected homestead, is not counted toward the $75,000 threshold. Many guardianship estates are modest because care costs consumed assets during the ward’s life, which can make summary administration a fit.

How a Contested Guardianship Complicates Eligibility

Summary administration depends on agreement and accurate valuation. If parties who contested the guardianship dispute asset values, allege hidden accounts, or challenge a deathbed will, summary administration may be inappropriate because there is no personal representative empowered to investigate. In those cases formal administration provides the tools to compel discovery and pursue surcharge.

The Petition and Consents

A petition for summary administration is filed by a beneficiary or the person nominated as personal representative in the will, and it must be signed or consented to by the surviving spouse and beneficiaries. Where guardianship adversaries refuse to consent, the streamlined process stalls. We assess early whether consent is achievable.

Creditors and the Two-Year Bar

In summary administration there is no formal notice-to-creditors period that bars later claims, so petitioners may remain liable to creditors up to the limitation periods. However, once the decedent has been dead more than two years, Florida Statute 733.710 bars most creditor claims entirely, which makes summary administration especially clean for older guardianship estates.

Homestead and Exempt Property

Even in summary administration, homestead under Article X, Section 4 and statutory exempt property are addressed by separate petition. A residence that was preserved through a contested guardianship typically passes to heirs with constitutional protection intact.

Consult a Florida Attorney

Choosing between summary and formal administration is a judgment call with real consequences. This page is general information, not legal advice. A licensed Florida attorney should review the estate’s assets and the guardianship record before you file.