1. The Two Main Tracks of Florida Probate
The Florida Probate Code provides two primary judicial administration tracks for decedent estates: Formal Administration (Fla. Stat. Ch. 733) and Summary Administration (Fla. Stat. Ch. 735). Accounting requirements differ drastically between these two proceedings.
2. Summary Administration (Fla. Stat. § 735.201)
Summary administration is an expedited proceeding available under either of two conditions:
- The total value of the Florida probate estate (excluding protected constitutional homestead) does not exceed $75,000; OR
- The decedent has been dead for more than 2 years (which completely bars creditor claims under § 733.710).
Accounting Impact: In Summary Administration, no Personal Representative is appointed, and no Letters of Administration are issued. Consequently, no formal fiduciary accounting under Rule 5.346 is required. The court directly enters an Order of Summary Administration distributing assets straight to the lawful beneficiaries.
3. Formal Administration (Fla. Stat. Ch. 733)
Formal administration is required whenever the estate exceeds $75,000, creditors require complex administration, or the decedent passed away within 2 years. In Formal Administration, Letters of Administration are issued to a Personal Representative.
Under Fla. Prob. R. 5.400, the Personal Representative is strictly required to file a comprehensive Final Accounting complying with Rule 5.346 unless all interested persons execute written waivers.
4. Comparative Summary Table
| Feature | Summary Administration | Formal Administration |
|---|---|---|
| Estate Limit | ≤ $75,000 or > 2 years post-death | Any value (mandatory if > $75k) |
| Personal Representative | None appointed | Letters of Administration issued |
| Rule 5.346 Accounting | Exempt | Mandatory unless waived by all heirs |
| Typical Duration | 4 to 8 weeks | 6 to 18 months |