The Main Differences Between Formal and Summary Probate in Florida

Probate is the court process used to distribute a person’s assets and settle their debts after death. Under Florida law, there are two different options available. While most go through the formal approach, certain estates may qualify for a streamlined option known as summary probate.

If you are a personal representative or a beneficiary, understanding the main differences between formal and summary probate in Florida is essential. The support of a dedicated probate attorney may be all you need to get the outcome you desire.

How Traditional Probate Works

Most cases heard in Florida probate courts go through the formal administration process, which mimics the approach in most states, where the size of the estate is not limited.

A critical early step in these cases is appointing a personal representative. This individual acts on behalf of the estate and moves the process forward. Their role is to collect the assets, identify the beneficiaries, and respond to any challenges as needed.

This process can take time, often more than a year. Numerous factors work together to slow down these cases. For starters, every estate creditor must be notified of the process and allowed to file a claim. The personal representative is tasked with reviewing these claims and deciding whether they will be honored or denied.

The judge is heavily involved in this process from start to finish. When disputes arise, hearings and trials can dramatically slow the entire case down. This can lead to increased costs as attorneys are required to spend more time and resources on the case.

The traditional route’s significant downsides are time and money, which can be a major issue for some people. Thankfully, other options are available for some beneficiaries.

Understanding Summary Administration

Summary probate is a simplified version of the process that most estates go through. This is much faster than the traditional approach. In addition, because of the reduced need for court appearances and delays, this method usually costs less in terms of legal fees.

One major difference between Florida formal and summary probate is the lack of a personal representative. While this individual is critical in most cases, the court takes on these tasks directly. This is only possible given the size of the estate and the lack of challenges available.

Summary probate appeals to many because it reduces the likelihood of litigation and disputes. This path is primarily available for estates worth less than $75,000, although most challenges involve much larger estates.

Additionally, an estate of any size can go through probate if more than two years have passed since a person’s death. Under this scenario, the risk of litigation is primarily gone because the time limit to file a claim or object has passed.

Talk to an Attorney in Florida About the Differences Between Formal and Summary Probate Today

Understanding the main differences between formal and summary probate in Florida is helpful, but it is only the first step in the process. The support of legal counsel can go a long way toward securing the most favorable outcome. Contact the Florida Probate & Family Law Firm today for a  free case evaluation with a dedicated estate planning attorney.