Formal vs. Summary (Small-Estate) Administration in Palm Beach, FL: A Practical Checklist

Settling a loved one’s estate in Palm Beach often comes down to one early decision: which type of probate applies. Florida offers two main court-supervised paths under the Florida Probate Code (Chapters 731-735). Use the checklist below to figure out where your situation likely lands.

Quick Eligibility Check for Summary Administration

Summary administration (Chapter 735) is the streamlined option. You may qualify if any one of these is true:

• The non-exempt estate assets subject to probate are worth $75,000 or less, or
• The decedent has been dead for more than two years (regardless of value).

Keep in mind that Florida’s protected homestead and other exempt property generally do not count toward that $75,000 figure. Many Palm Beach estates that look large on paper actually qualify once a homestead-protected condo or single-family home is set aside.

When Formal Administration Is Required

Formal administration (Chapter 733) is the default, full process. Reach for it when:

• Probate assets exceed $75,000 and the decedent died within the last two years;
• Someone needs court authority (Letters) to access accounts, sell real estate, or run a business;
• You anticipate creditor disputes or a will contest;
• Title companies handling a Palm Beach property sale require a personal representative with formal authority.

Comparing the Two Paths

Formal administration appoints a personal representative who receives Letters of Administration, gives notice to creditors, and manages the estate over several months. Summary administration skips the appointment of a personal representative and instead asks the court to enter an order distributing assets directly to beneficiaries. Summary is faster and usually less expensive, but it offers fewer tools if problems arise.

One reassurance for Florida families: there is no Florida state estate or inheritance tax, so the choice between paths is about procedure and asset access, not state death taxes.

Your Decision Checklist

1. List every asset and note whether it passes outside probate (joint accounts, beneficiary designations, payable-on-death accounts, assets in a revocable trust, or property transferred by a Lady Bird deed).
2. Identify the homestead and confirm its protected status under Article X, Section 4 of the Florida Constitution.
3. Total only the non-exempt probate assets.
4. Check the date of death against the two-year mark.
5. Ask whether anyone needs ongoing authority to act or whether creditor claims are likely.

Watch Out for Creditor Exposure

Summary administration does not require the formal creditor-notice process, which can leave beneficiaries personally liable for the decedent’s debts up to the value they receive for two years after death. For a recently deceased Palm Beach resident with known debts, formal administration’s creditor cutoff may actually protect heirs better, even though it takes longer.

Consult a Florida Attorney

Choosing the wrong path can mean redoing the process or exposing heirs to claims. Because Florida probate rules are specific and homestead and exemption calculations are easy to misjudge, speak with a licensed Florida probate attorney about your Palm Beach estate before filing.