Detailed Answer
Short answer: The term “solemn form probate” is not a Florida probate procedure. Florida uses different processes—most commonly formal administration and summary administration—to open and wind up an estate. Use formal administration when the estate is larger, involves real property, has creditor or beneficiary disputes, or when clear title requires a full probate. Use summary administration when the estate qualifies under Florida’s streamlined rules (limited value in Florida or the decedent died more than four years ago) and no contested issues exist.
What “solemn form probate” means and why it doesn’t apply in Florida
“Solemn form probate” is a term used in some other states to describe a more formal, litigated probate procedure. Florida’s probate law does not use this label. Instead, Florida law provides a set of procedures with different levels of formality depending on the estate’s size and complexity. The main Florida probate pathways are described in Chapter 733 (personal representatives and administration) and Chapter 735 (procedures for disposing of intestate estates and summary procedures). See the Florida Statutes chapters for probate processes:
Ch. 733,
Ch. 735,
and general intestacy/homestead rules in Ch. 732.
When to use formal administration (Florida’s full probate process)
Choose formal administration when one or more of these apply:
- The assets in Florida that require probate exceed the statutory threshold for summary administration (see Helpful Hints below for the common threshold).
- The estate includes real property that must be cleared of title issues.
- There are unresolved creditor claims, numerous creditors, or likely creditor litigation.
- The will’s validity is challenged or there are disputes among heirs or beneficiaries.
- The estate needs a court-supervised accounting, inventory, or appointment of a personal representative with bond.
- There are out-of-state issues that require ancillary probate in Florida.
Formal administration gives the court broad power to supervise asset collection, pay debts and taxes, resolve disputes, and distribute property under court order. The clerk of court or the circuit court’s probate division handles filings and notice requirements; see Florida’s probate rules in Ch. 733 for statutory background.
When summary administration is appropriate (Florida’s streamlined process)
Summary administration is designed to avoid the time and cost of a full probate when the estate’s Florida assets are small or the estate is stale. Typical situations include:
- The decedent died more than four years before the petition for summary administration is filed, or
- The value of the probate estate in Florida subject to administration is below the statutory threshold (commonly used in practice: $75,000, excluding homestead and certain exempt property).
Summary administration eliminates much of the inventory and creditor claim process; it is faster and less expensive. However, summary administration is not appropriate if heirs or creditors contest distributions, if real property title problems exist that require full court supervision, or if the decedent’s affairs are complex.
How to decide between the two paths (practical checklist)
- Identify Florida assets that must pass through probate (bank accounts titled solely in the decedent’s name, certain personal property, Florida real estate, etc.).
- Estimate the value of those probate assets located in Florida.
- Check whether the decedent left a valid will and whether any beneficiaries or creditors are likely to object.
- Determine whether homestead or other exempt property issues exist (homestead can complicate distributions and title transfers).
- Consider how old the estate is (if the decedent died more than four years ago, summary administration may be permitted).
- If in doubt or if disputes/real property are involved, prepare for formal administration and consult an attorney.
Typical steps in each process
Formal administration generally involves: filing a petition for administration, appointing a personal representative, giving notice to heirs and creditors, inventorying assets, paying valid claims and taxes, and obtaining court approval for distributions. See Florida’s statutory framework for personal representatives and administration at Ch. 733.
Summary administration generally requires filing a petition for summary administration and a proposed final disposition, providing statutory notice, and receiving a court order distributing assets without full administration. See the statutes governing simplified disposition procedures in Ch. 735.
Common pitfalls to avoid
- Assuming out-of-state bank accounts or jointly held property automatically bypass probate—title matters and local law control.
- Overlooking homestead rules that can change how property passes to a spouse or family.
- Underestimating creditor deadlines and tax obligations—formal administration has strict notice and claim procedures.
- Using summary procedures when a dispute exists—this risks reopening the case and incurring additional costs.
Where to learn more and find local court resources
Florida’s state statutes and local probate clerks are primary resources. For statutory language and chapter contents see:
- Personal representatives and administration: Florida Statutes, Chapter 733
- Intestate succession and dispositions: Florida Statutes, Chapter 732
- Summary disposition and related rules: Florida Statutes, Chapter 735
For practical court forms and clerk contact information, visit your local county clerk of the court or the Florida Courts resource pages: Florida Courts — Probate & Guardianship resources.
Final recommendation
If the estate is small, uncontested, and meets the statutory threshold for summary procedures, summary administration can save time and money. If the estate has real property, disputes, substantial creditor exposure, or complex assets, proceed with formal administration. When value thresholds, homestead, or contested issues exist, consult a probate attorney to choose the correct path and to prepare filings properly.
Disclaimer: This article is for general informational purposes only and is not legal advice. It does not create an attorney-client relationship. For advice about a specific situation, contact a licensed Florida probate attorney.
Helpful Hints
- Gather key documents early: death certificate, will (if any), deeds, account statements, beneficiary designations, and titles.
- Make a simple asset list that separates property located in Florida from property elsewhere.
- Check whether the decedent died more than four years ago—this can allow summary administration in many cases.
- Do not transfer or sell assets without understanding probate status—improper transfers can create liability.
- Contact the county probate clerk’s office for local filing requirements and forms before filing anything.
- Consider a short consultation with a probate attorney if the estate includes Florida real estate, contested heirs, or business interests.
- When searching for an attorney, look for experience in Florida probate and read client reviews; many attorneys offer a limited-cost initial consultation.