When Does Summary Administration in Florida Apply?

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By Gary M. Landau, Esq.

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When Does Summary Administration in Florida Apply? | Call (954) 979-6566

For many Floridians, navigating the probate process after the loss of a loved one can feel like an overwhelming and complex task. Some worry that the probate process may last months or longer and involve numerous steps. Sometimes this is indeed the case, because Florida probates must follow strict rules under the oversight of a probate court – a key reason having an experienced probate attorney to guide you is important.

In certain situations, though, the longer, or “formal” probate process need not apply. That’s because Florida law provides for a streamlined alternative known as summary administration.

Summary administration in Florida offers a simplified path for settling smaller estates or estates where the person passed away several years ago. This can potentially save time, money, and emotional stress for grieving families. But this option applies only in certain circumstances under precise eligibility requirements.

In this comprehensive guide, we explore summary administrations, helping you determine if this Florida probate process might be the right choice for your circumstances. Whether you’re the person named as a will’s personal representative, are a beneficiary of an estate, or are simply looking to understand the probate process better, this information should help.

Understanding Summary Administration in Florida

In recognition that some estates don’t require a full probate process, the state created the avenue of summary administration to provide for a more efficient pathway for settling these estates.

This summary administration procedure allows for the distribution of a deceased person’s assets – money in the bank, personal property, and the like – without needing to go through all the steps of a full probate administration. This allows the will’s  beneficiaries to settle the estate more quickly and easily.

Alternatives to Summary Administration

Summary administration is one of four primary ways a probate is administered under Florida law.

Most estates must go through the full, or formal administration. This is done when the person who died, known as the decedent, had assets of more than $75,000 (not including their personal home) or passed away less than two years earlier.

People whose primary residence is a state other than Florida but who own property here (such as “snowbirds”) need to probate their Florida property through a process known as ancillary administration.

And those who die owning an extremely limited amount of assets that only cover the cost of their funeral and a few other specific expenses can use a process known as disposition of personal property without administration.

For other estates that don’t fall into these categories, summary administration offers a useful way to process the probate.

Criteria for Summary Administration Eligibility

Summary administration can only be used when the person who passed away and their assets fit several important criteria:

  • The total value of the decedent’s estate, excluding exempt property, cannot exceed $75,000.
  • The only property they own is their primary home, known as a homestead, which is exempt from probate.
  • Or, if the estate does exceed $75,000, the decedent has died more than two years earlier. Over the years, our law office has worked with numerous clients who have wanted to probate a relatives estate close to the two-year mark, and we have often recommended that they wait until that time in order to do a summary administration.

If the estate meets these criteria, summary administration can be used. As with all matters of law, navigating which probate process is best for you can be challenging, so it’s best to consult a skilled probate attorney.

The Benefits of Summary Administration

The appeal of summary administration as a probate process in Florida lies in the significant advantages it can offer. This streamlined approach to settling estates provides several key benefits.

Time

Because a summary administration involves fewer steps than a formal administration, it can generally be completed in a shorter amount of time. With a summary administration, the initial papers filed with the court detail the estate assets and their value, along with a plan for distributing the assets to the beneficiaries. (By contrast, this is a multi-step process, including settling creditor claims, with a formal administration.)

If the court approves this plan, the probate can be completed swiftly.

Cost Savings

Filing fees for a summary administration are less expensive than for a formal administration. Attorneys fees are often lower too, given that there are fewer steps and court papers involved.

Because of the faster timetable, if the deceased person owned a vacation or investment property in Florida that the beneficiaries wish to sell, the total cost of carrying a property – mortgage, insurance, repairs – until the home can be sold is generally lower, too.

Sense of Closure

The probate process can require a lot of time and emotional energy, especially on the beneficiaries who are often close to the decedent. A faster probate process can provide a quicker sense of closure and relief.

Navigating the Summary Administration Process

For estates that are eligible for summary administration in Florida, the process of navigating this administration is considerably more streamlined than with a formal probate process.  However, it’s still important that the proper steps are followed to ensure a smooth and successful outcome.

Here are the key stages of a summary administration process:

  • Gather the necessary documentation. Working with a probate attorney, a close family member or friend (often the personal representative named in the will) must compile all relevant documents for the court, including asset information and the person’s will (if there is one).
  • File the petition for summary administration. This legal document prepared by the attorney outlines the details of the estate and the plan for distributing the assets to all beneficiaries according to the terms of the will or Florida law.
  • Obtain court approval. The probate court reviews the petition and, if approved, issues an order authorizing the summary administration process and plan.
  • Distribute the assets. The beneficiaries can proceed with distributing the deceased’s assets according to the plan outlined in the petition.

Throughout this process, a knowledgeable probate attorney ensures that you meet all the legal requirements, navigates any potential complications, and protects the interests of the estate and its beneficiaries.

Looking for a Florida Probate Attorney? Contact the LAW OFFICE OF GARY M. LANDAU, P.A., serving Coral Springs, Parkland, Fort Lauderdale, Boca Raton, Pompano Beach, Deerfield Beach & all of South Florida

With more than 25 years of experience and countless satisfied clients, Gary M. Landau and his team are uniquely positioned to help you with your estate planning or real estate needs in South Florida. Whether you’re ready to probate a loved one’s estate or to write your own will, or if you are purchasing a home, have inherited a home, or want a closing agent to handle title insurance and all documents for your closing or refinancing, the LAW OFFICE OF GARY M. LANDAU, P.A. is ready to work with you.

Call our office at (954) 979-6566 or complete our online form today to schedule a free consultation. We work with our clients in person, over the phone, or on Zoom.

Copyright © 2024. LAW OFFICE OF GARY M. LANDAU, P.A. All rights reserved.

The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction.

LAW OFFICE OF GARY M. LANDAU, P.A.
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Coral Springs, FL 33067
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Frequently Asked Questions

A will is the simplest way to ensure that your funds, property and personal things will be distributed after your death the way you want them to. Even if you have very few assets, you will benefit from having a will. About half of all Americans die without a will (known in legal terminology as dying intestate). Without a will to indicate your wishes, the court steps in and distributes your property according to state law. A will ensures that your assets will be given to family members or other beneficiaries you designate.

 

Having a will is doubly important if you have young children. One section of the will allows you to designate a guardian for them in the event of your death. Without a will, the court will appoint a guardian for your children, who may not be the person you desire.

Many Florida residents have out-of-state wills, drawn up while they were still living among the hills of North Carolina or the hubbub of New York. If the will was valid according to your old state’s laws at the time you made it, it is still legal in Florida. However, if you are a Florida resident, you may benefit greatly by having a new will drawn up in Florida, because it will likely be more easily admitted to probate.

 

It is important to know that each state has its own requirements for what makes a will a legally binding document. For example, Florida doesn’t recognize handwritten wills that haven’t been witnessed (known as “holographic wills”), or oral wills not put into writing, even if other states okay them. There’s also the matter of Florida estate law. In this state, for example, your surviving spouse is entitled to 30 percent of your net probate estate, regardless of what you say in your will. The spouse may also have a “Homestead” interest in property you share here, even if you want your house to go to someone else. In fact, all real property owned in Florida will be subject to this state’s laws, even if you’re a snowbird maintaining a residence in the state where your will was drawn up. Other peculiarities also exist, which is why a Florida will could make things much easier for your heirs.

 

If you would like to have me review your current out-of-state will, I am happy to do so without charge. If it turns out to be in accordance with Florida state laws and procedures, you can continue to rely on it. If not, however, your heirs would rather you discover that now.

It is a good idea to re-read your will every few years to be sure it reflects up-to-date realities (you may not want to leave your heirloom to a niece you are no longer speaking to, nor have someone be named your child’s guardian if they have taken seriously ill since you drafted your will). It is especially important to reexamine your will if:

 

  • You have gotten married since it was last drafted;
  • You have made bequests to people who have fallen out of your favor or are no longer living (I recently updated the will of a man who had left everything to his first wife, who was long deceased), or you have not included people who are now dear to you;
  • You would like to change the person named as the personal representative of the estate. (Note: Florida law does not allow a nonresident of the state to serve in this position, unless it is an immediate family member or certain other relatives);
  • You have acquired pricey or sentimental items that are not accounted for in your will. Do note, though, that Florida law allows you to attach a separate personal property memorandum to your will, detailing who will get which specific items. This list can be changed whenever you want.

Perhaps I should answer this question with where not to store it: in a bank’s safety deposit box. Although it may seem logical to put this with your other important papers, it is often difficult for your heirs to gain access to the box once you die, since the box is sealed then and must be opened in the presence of a bank employee.

 

One good option is to leave your original will with the attorney who drafted it, making copies for your personal representative and other important relatives and letting them know who has the original. For my clients who prefer that I store their original will, I keep it in a fireproof will vault in my office, or in the vault in my bank.

 

As an alternative, you could store the will in a fireproof box or vault in your own home.

 

Wherever you store it, be sure to let your personal representative and other close relatives know where you have put it!

Probate is when the court oversees your assets and liabilities after your death. During probate, the court makes sure that your will is valid and acceptable; that all debts, bills, creditor’s claims, and taxes are paid from your estate’s assets; and that your remaining assets are distributed to your beneficiaries according to your will (or, if no will exists, by Florida law).

 

Probate usually does take longer than most beneficiaries would like. But in order to ensure that everyone with a right to a claim is included in the process, the court requires several steps. If the size and complexity of your estate are minimal, however, the entire process of probate can take as little as a few months. Larger estates that are subject to IRS estate taxes or those involving litigation on the part of creditors or heirs generally take longer, often one or more years.

 

To speed the process along for simple and small estates, the courts allow a shortened form of probate, known as “summary administration,” which requires much less paperwork and time.

A personal representative (PR) is a friend or relative, or an attorney or bank, who is put in charge of the estate until all matters regarding the probate are resolved. (In other states, this person is sometimes called an executor or administrator.) The job of the PR includes identifying all assets, searching for creditors and paying valid claims, filing required estate tax returns if the estate is large enough (the figure escalates over time, according to Congressional laws), coordinating with the probate court and attorneys, and overseeing the distribution of assets–all done under the guidance and assistance of a qualified attorney.

 

Serving as a PR is an important role, and such a person should be selected with care as to who is most willing and best able to serve in this position. By Florida law, your personal representative must be over 18 years of age, and be a blood relative, your spouse, the parent or child of your spouse, or a Florida resident.

Generally, no. If you co-own all property via such legal structures as “tenancy by the entirety” or by “joint tenancy with right of survivorship” the property immediately passed to you upon your spouse’s death. Proof of death is usually all that is needed to pass such jointly owned title for cars, stocks, and other personal property to the surviving spouse.

 

But if even one asset was held solely in the deceased person’s name, or any property is owned in the form of a “tenancy in common,” that estate will be required to go through probate. If the assets are limited, the shorter, simpler form of probate is generally all that is required.
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