Summary Administration or Formal Administration: Which Florida Probate Path Fits a Port St. Lucie House
When a parent’s house in Port St. Lucie has to pass through probate, the family usually hears two names from the lawyer: summary and formal administration. This guide compares the summary administration Florida law offers with the full formal process, and it looks at one thing only: what each path changes for selling the house.
This guide explains how the real estate side of probate usually works in Florida. It is not legal or tax advice. Every estate is different, so confirm your next step with a Florida probate attorney and, for taxes, a CPA.
The Short Answer
Summary administration is the shorter Florida probate path. It can be used when the will does not require formal administration and the estate, minus creditor-exempt property, is $150,000 or less, or the owner died more than 2 years ago. No personal representative is appointed, so the people named in the court order sign the deed.
- The summary administration limit is $150,000 of estate value, not counting property exempt from creditors, or any value if the death was more than 2 years ago (Florida Statutes, section 735.201).
- The limit rose from $75,000 to $150,000 on July 1, 2026, under chapter 2026-57, Laws of Florida, listed in the history of Florida Statutes, section 735.201.
- In summary administration, the surviving spouse and the beneficiaries sign and verify the petition (Florida Statutes, section 735.203).
- In formal administration, a will with a power of sale lets the personal representative sell real property without a court order; without one, title passes only after the court authorizes or confirms the sale (Florida Statutes, section 733.613).
- In formal administration, most creditor claims are barred 3 months after the first publication of the notice to creditors (Florida Statutes, section 733.702).
- Maximum clerk filing fees are $230 or $340 for summary administration and $395 for formal administration, plus a $4 service charge (Florida Statutes, section 28.2401).
In this guide
- What is the difference between summary and formal administration in Florida?
- Summary administration Florida rules: who qualifies in 2026?
- Does the Port St. Lucie house count toward the $150,000 limit?
- Who signs the deed in each path?
- How does each path change the order of the sale steps?
- What happens with creditors after the house is sold?
- What does each path cost at the St. Lucie County Clerk?
- What if an heir cannot or will not sign?
- Which factors point to each path?
- What does the listing agent do while the court work is pending?
- Frequently asked questions
What is the difference between summary and formal administration in Florida?
I am sorry you are dealing with this. Losing a parent is hard enough without a court file attached to it. The two probate paths are easier to understand than they sound, and the choice between them shapes how the house gets sold.
Summary administration is a shorter probate proceeding under chapter 735, Part I, that ends with one court order assigning the property directly to the people entitled to it. Under the summary administration Florida courts use, there is no personal representative and no Letters of Administration. The order may allow “immediate distribution of the assets” (Florida Statutes, section 735.206).
Formal administration is the full probate proceeding under chapter 733, in which the court appoints a personal representative and issues Letters of Administration. A personal representative is the person the court appoints to gather the property, pay valid debts and distribute what is left. Families often say executor.
A third procedure, disposition without administration, covers only small amounts of personal property, never a house (Florida Statutes, section 735.301). For a Port St. Lucie or Fort Pierce home, the case goes to the St. Lucie County Clerk of the Circuit Court, in the 19th Judicial Circuit.
| For the house | Summary administration | Formal administration |
|---|---|---|
| Who controls it during the case | No appointed person | The personal representative |
| Who signs the deed | Usually the people the order assigns it to | The personal representative |
| Notice to creditors | Optional, after the order | Required |
Neither path is better in general. Each fits a different set of facts, and the attorney weighs those facts.
Summary administration Florida rules: who qualifies in 2026?
Section 735.201 sets two conditions (Florida Statutes, section 735.201):
The will does not require formal administration
If a will directs administration under chapter 733, the short path is closed. With no will, this test blocks nothing.
The value or the time test is met
The estate subject to administration in Florida, minus property exempt from creditors’ claims, is $150,000 or less. Or the owner died more than 2 years ago, in which case the value does not matter.
The $150,000 figure is new. Before July 1, 2026, the limit was $75,000. Chapter 2026-57, Laws of Florida, doubled it, and the Florida Supreme Court amended Florida Probate Rule 5.530 to match on July 16, 2026 (Florida Supreme Court, No. SC2026-0690). Many websites and older checklists still show $75,000. Those pages are out of date.
A petition may be filed “at any stage of the administration of an estate” if the estate qualifies at the time of filing (section 735.2055). And an estate that qualifies may still use formal administration (section 735.202). How the new limit applies to an estate opened before July 2026 is a question for the attorney.
One local note. Ask the attorney whether the 19th Judicial Circuit expects a local checklist, form or other step with a summary administration petition, because local requirements can add time before the judge reviews the file.
Does the Port St. Lucie house count toward the $150,000 limit?
It depends on what kind of house it is. The test subtracts property exempt from creditors’ claims, and in Florida the main example is protected homestead. The Florida Constitution shields a homestead from forced sale for most debts, and that protection passes to the surviving spouse or heirs (Florida Constitution, Article X, Section 4). It does not shield against property taxes, the purchase-money mortgage or repair debts.
| Type of house | Usual effect on the $150,000 test |
|---|---|
| Parent’s homestead | May be exempt, so it may not count. The attorney confirms homestead status. |
| Rental, second home or lot | Not homestead, so its value usually counts |
Homestead has its own rules on who inherits and who signs. A surviving spouse may hold a life estate, or elect a one-half interest within 6 months after the death (Florida Statutes, section 732.401). Our companion guide explains how homestead works in Florida probate.
For a house that is not homestead, the summary administration Florida value test becomes practical. If a Port St. Lucie rental in the parent’s name, plus other non-exempt property, was worth more than $150,000 at the date of death, the value test fails. When the value sits near the line, a careful estimate matters.
The attorney decides what counts. The market value is where a listing agent helps: a written pricing analysis based on nearby sales around the date of death, which the attorney can compare with any formal appraisal. The IRS says the basis of inherited property is generally its fair market value at death (IRS Publication 551). Ask a CPA how that applies to you.
Who signs the deed in each path?
The signer is the biggest practical difference. It decides who signs the listing, the contract and the deed.
Summary administration
Nobody is appointed. The order assigns the property, and the people named “may collect their assigned property” (Florida Statutes, section 735.206(4)(a)). In practice, the people the order names as owners of the house sign the deed. If three children each receive one-third, all three usually sign. A good faith buyer from them takes the house free of creditors’ claims (section 735.206(4)(c)). Ask the closing title agent early which documents the title insurer needs to insure a sale after an order of summary administration; the list varies by underwriter.
Formal administration
The personal representative signs, using the letters. If the will gives a power of sale, no court order is needed to sell. Without one, the sale can proceed, but title passes only after the court authorizes or confirms it (Florida Statutes, section 733.613). The routine powers in section 733.612 expressly leave real property out. Our sister article covers when a personal representative can sell without a court order.
Protected homestead
Protected homestead is not an asset the personal representative controls for sale (Florida Statutes, section 733.608). The heirs or devisees, with any living spouse, usually sign. The title agent confirms the signers.
With one personal representative, one person signs. With summary administration, every owner signs, so heirs in Ohio or Puerto Rico need remote signing planned early. See selling a Florida home from out of state.
How does each path change the order of the sale steps?
No one can promise how long a case will take. The order of steps, though, is predictable, and it differs in each path.
| Step | Summary administration | Formal administration |
|---|---|---|
| 1 | Spouse and beneficiaries sign and verify the petition (section 735.203) | Petition; court appoints the personal representative; bond unless waived (section 733.402) |
| 2 | Diligent search for creditors, who are served and provided for (section 735.206(2)) | Notice of administration served; notice to creditors published once a week for 2 weeks (section 733.2121) |
| 3 | Judge signs the order assigning the property | Verified inventory with date-of-death values (section 733.604) |
| 4 | New owners sign the listing and sell | House listed and sold during the case, with a court order if no power of sale |
| 5 | Sale money goes to the owners at closing | Sale money held for claims, then distributed |
So the paths trade places. In summary administration, the court work comes first and the sale follows. A listing can be prepared earlier, but a contract usually waits for the order, because no one has authority to sign the deed before it.
In formal administration, the sale often happens in the middle of the case, and the money is distributed near the end. Our sister article explains the creditor claim period and when sale money can be paid out. For a calendar of a local case, see the St. Lucie County probate timeline.
What happens with creditors after the house is sold?
Speed gets the attention. Creditor exposure deserves equal attention, because in one path it follows the heirs after closing.
Summary administration
Non-exempt property stays liable for the decedent’s debts in the hands of the people who received it. Each recipient owes a pro rata share of valid claims, capped at the value received (section 735.206(4)(d), (e)). Two years after the death, that liability ends unless enforcement started earlier (section 735.206(4)(f)).
The family may shorten the window for unknown creditors. If they publish a notice to creditors and file proof, unknown creditors are barred unless they file within 3 months after first publication (Florida Statutes, section 735.2063). Whether to publish is a decision for the attorney and the family.
An example. Two daughters receive a non-homestead house by order, sell it and split the money. A creditor missed in the search appears 14 months after the death. Each daughter may owe her share of that claim, up to what she received, and possibly the creditor’s attorney’s fees. That is why the creditor search deserves real care.
Formal administration
Claims run inside the estate. Most are barred unless filed by the later of 3 months after first publication or 30 days after service on a creditor who must be served (Florida Statutes, section 733.702). After 2 years from death, unfiled claims are barred, but recorded mortgages and liens are not affected (Florida Statutes, section 733.710). The heirs wait longer for the money, but claims are settled before it reaches them.
A recorded mortgage stays on the house in either path and is paid from the sale at closing.
What does each path cost at the St. Lucie County Clerk?
Clerk filing fees are one of the few probate costs set by statute, for formal cases and for the summary administration Florida path alike. I compared the statute with the schedule the Martin County Clerk posts, because many Treasure Coast families have a parent on one side of the county line and children on the other.
| Filing | Statutory maximum | Martin County Clerk posts |
|---|---|---|
| Summary administration, under $1,000 | $230 plus $4 | $235 |
| Summary administration, $1,000 or more | $340 plus $4 | $345 |
| Formal or ancillary administration | $395 plus $4 | $400 |
Sources: Florida Statutes, section 28.2401, and the Martin County Clerk fee page, both checked October 2026. Martin County’s amounts run $1 to $5 above the statutory base, likely because the service charge and small charges are folded in.
A Port St. Lucie or Fort Pierce estate files with the St. Lucie County Clerk of the Circuit Court. Check the probate page of the St. Lucie County Clerk of the Circuit Court for current filing steps and fees, or ask the attorney for the exact amount. A house in Stuart or Palm City would go to the Martin County Clerk instead.
Filing fees are the small part. Ask the attorney for a written fee estimate for each path. Formal administration adds newspaper publication and, unless waived, a bond premium. At closing, the deed carries documentary stamp tax of 70 cents per $100 of the price in either path (Florida Statutes, section 201.02).
What if an heir cannot or will not sign?
The summary administration Florida statute depends on cooperation. The surviving spouse and the beneficiaries must sign and verify the petition. A beneficiary who receives a full share under the proposed distribution may skip signing but must receive formal notice (Florida Statutes, section 735.203).
If someone who should sign has died, is a minor, is incapacitated or transferred the interest, another person signs instead: that person’s personal representative, a guardian, or the transferee (section 735.203(2)).
Refusal is different. Say one brother in Port St. Lucie wants to keep Mom’s house and his sister in Fort Pierce wants to sell. A refusal changes the conversation with the attorney, because formal administration puts one appointed person in charge and lets the court rule on disputes. Our guide on selling an inherited house with siblings covers that disagreement.
Distance is easier than refusal. Heirs in other states can sign where they live, as the attorney directs. The real risk is one missing signature holding up everyone.
Jeannie works in English and Spanish, which helps when the real estate documents need to be walked through with every heir. The legal documents should be explained by the attorney.
Which factors point to each path?
The choice between formal and summary administration Florida probate paths belongs to the family and the attorney. The family can bring the facts that drive it.
| Fact | Toward summary | Toward formal |
|---|---|---|
| The will | None, or silent on administration | Directs formal administration |
| Non-exempt value | $150,000 or less, or death over 2 years ago | Above $150,000, recent death |
| Family | Everyone willing to sign | A refusal or a dispute |
| Debts | Few, known and payable | Many, unclear or larger than the cash |
| Property needs a manager | No | Yes, to rent, repair or sell during the case |
Questions to bring to the attorney:
- Which path is available, and which do you recommend for this estate?
- Is the house protected homestead, and does it count toward the $150,000 test?
- Who will sign the listing and the deed?
- Should we publish a notice to creditors after a summary order?
- Is there anything we should not do with the house yet?
That last question is the one families skip. Signing a listing or accepting an offer before the authority is clear creates problems that are hard to undo.
What does the listing agent do while the court work is pending?
A probate case and a house sale run on two tracks. A listing agent in a probate sale usually works the real estate track while the attorney works the court track, and they meet when someone has authority to sign.
Before the path is chosen. The agent asks who the attorney is, whether there is a will and who is expected to sign, then prepares a written pricing analysis and a pre-listing plan. No estate money is spent without the attorney’s approval.
While the case is pending. The agent prepares without signing, and asks which documents the title company will need, so certified letters or the certified order, the death certificate and any homestead order are ordered early.
Once authority exists. That is the signed order in summary administration, or the letters, plus a court order when there is no power of sale, in formal administration. The agent then coordinates with the probate attorney, the title company and vendors. If a court order is still needed, the contract says so.
At closing. Formal administration usually uses a personal representative’s deed. In summary administration, the owners named in the order sign. Every signer must be available in person or by an approved remote method.
For Port St. Lucie families, the court file sits with the St. Lucie County Clerk while the house sits in a Port St. Lucie neighborhood. For the wider picture, see the overview of probate home sales in Florida and the Port St. Lucie probate real estate services page.
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Frequently Asked Questions
The limit is $150,000. It counts the estate subject to administration in Florida, minus property exempt from creditors’ claims. Chapter 2026-57 raised it from $75,000 on July 1, 2026. If the owner died more than 2 years ago, the value limit does not apply. The will must also not require formal administration. Ask a Florida probate attorney how the limit applies to your estate.
Yes, if the estate qualifies. The court order assigns the house to the people entitled to it, and those people can then sell it like any owners. Florida law says a good faith buyer from them takes the house free of creditors’ claims. Ask the closing title agent early which documents the title insurer needs, such as a certified copy of the order.
In summary administration, no personal representative is appointed. The people the court order assigns the house to usually sign the deed as owners. If three siblings each receive a share, all three usually sign, along with any spouse whose signature the title company requires. The closing title agent confirms the exact signers for each file before the contract is written.
It has fewer steps: no appointed personal representative, no letters, and no required creditor publication. Time still depends on the court calendar, the creditor search and how quickly every signer returns the petition. In formal administration, the house can often be sold during the case, while the money waits for the claim period. Ask the attorney for a realistic estimate for your estate.
Florida requires the surviving spouse and the beneficiaries to sign and verify the petition. Only a beneficiary who receives a full share under the proposed distribution may skip signing, and that person must get formal notice. If an heir refuses, the attorney will explain the options, which may include formal administration, where the court appoints one person to manage the estate.
Florida law allows a petition for summary administration at any stage of an estate’s administration, if the estate qualifies at the time of filing. This can matter after the July 2026 increase to $150,000, or once 2 years have passed since the death. Whether switching makes sense for a particular estate is a question for the probate attorney.
A probate case for a Port St. Lucie or Fort Pierce resident is filed with the St. Lucie County Clerk of the Circuit Court, part of the 19th Judicial Circuit. A house in Stuart or Palm City would involve the Martin County Clerk instead. The attorney files the petition and tracks the case.
Start With the House Facts, Then Talk to the Attorney
You do not have to pick a probate path alone, and you do not have to sell the house before you are ready. A written value review gives the attorney a market number and gives the family a clear picture of the property, so the path decision rests on facts.
Get a Free Estate Home Value Review
Jeannie Jacobson, REALTOR®, RE/MAX Gold, (772) 877-0268, English and Spanish
Sources
- Florida Statutes, chapter 735, Probate Code: Small Estates (sections 735.201 to 735.2063), Florida Legislature, http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0735/0735.html (accessed October 2026)
- Florida Statutes, section 735.201, Summary administration; nature of proceedings (history includes chapter 2026-57), Florida Legislature, http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0735/Sections/0735.201.html (accessed October 2026)
- Florida Statutes, section 735.301, Disposition without administration, Florida Legislature, http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0735/Sections/0735.301.html (accessed October 2026)
- In re Amendments to the Florida Probate Rules (rule 5.530), Florida Supreme Court, No. SC2026-0690, July 16, 2026, opinion text at https://caselaw.findlaw.com/court/fl-supreme-court/225402.html (accessed October 2026)
- Florida Statutes, section 733.613, Personal representative’s right to sell real property, Florida Legislature, http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/Sections/0733.613.html (accessed October 2026)
- Florida Statutes, section 733.612, Transactions authorized for the personal representative, Florida Legislature, http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/Sections/0733.612.html (accessed October 2026)
- Florida Statutes, section 733.608, General power of the personal representative, Florida Legislature, http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/Sections/0733.608.html (accessed October 2026)
- Florida Statutes, section 733.212, Notice of administration, Florida Legislature, http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/Sections/0733.212.html (accessed October 2026)
- Florida Statutes, section 733.2121, Notice to creditors; filing of claims, Florida Legislature, http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/Sections/0733.2121.html (accessed October 2026)
- Florida Statutes, section 733.402, Bond of fiduciary, Florida Legislature, http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/Sections/0733.402.html (accessed October 2026)
- Florida Statutes, section 733.604, Inventory, Florida Legislature, http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/Sections/0733.604.html (accessed October 2026)
- Florida Statutes, section 733.702, Limitations on presentation of claims, Florida Legislature, http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/Sections/0733.702.html (accessed October 2026)
- Florida Statutes, section 733.710, Limitations on claims against estates, Florida Legislature, http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/Sections/0733.710.html (accessed October 2026)
- Florida Statutes, section 732.401, Descent of homestead, Florida Legislature, http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/Sections/0732.401.html (accessed October 2026)
- Florida Constitution, Article X, Section 4, Homestead; exemptions, The Florida Senate, https://www.flsenate.gov/Laws/Constitution (accessed October 2026)
- Florida Statutes, section 28.2401, Service charges in probate and guardianship proceedings, Florida Legislature, http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0028/Sections/0028.2401.html (accessed October 2026)
- Probate, Guardianship and Trust fees, Martin County Clerk of the Circuit Court and Comptroller, https://www.martinclerk.com/229/Probate-Guardianship-Trust (accessed October 2026)
- Florida Statutes, section 201.02, Tax on deeds and other instruments relating to real property, Florida Legislature, http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0200-0299/0201/Sections/0201.02.html (accessed October 2026)
- Publication 551, Basis of Assets, Internal Revenue Service, https://www.irs.gov/publications/p551 (accessed October 2026)