Most probates require a Formal Administration. A Formal Administration begins with the Filing of a Petition for Administration, which seeks to appoint a “Personal Representative” to administer the probate estate (also known as an “Executor” or “Executrix” in other jurisdictions). Once appointed, the Personal Representative is tasked with securing and managing the estate assets, notifying interested persons (including beneficiaries and creditors) of the estate’s administration, paying valid claims against the estate from estate assets, and distributing the remaining estate assets to the estate’s beneficiaries. Every probate administration is different, but most formal administrations are fully administered within one (1) year.

If the estate assets are less than $75,000 – or if the decedent passed away more than two (2) years prior to filing the petition, the estate may qualify for a Summary Administration. No personal representative is appointed in a Summary Administration. Because a court-appointed personal representative is often necessary to communicate with financial institutions, manage real property and other estate assets, and negotiate debts of a decedent, despite otherwise qualifying for Summary Administration, Formal Administration may still be appropriate.

Ancillary Administration is required when a decedent who was not a resident of Florida at the time of their death died owning assets within Florida. Typically, whenever an Ancillary Administration is necessary, there is also a probate being administered in the state of the decedent’s residence (that is, there are multiple probate administrations).

In very limited cases, if the decedent leaves only exempt personal property or non-exempt personal property not exceeding the cost of reasonable funeral expenses and certain medical expenses, an estate may qualify for Distribution Without Administration. In this form of administration, the court does NOT appoint a personal representative. As in a Summary Administration, even if an estate qualifies for Distribution Without Administration, it may be advisable to open a Formal Administration.