How To File a Summary Administration in Florida

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By Gary M. Landau, Esq.

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How To File a Summary Administration in Florida

Figuring out how to probate the estate of a family member can seem overwhelming. Fortunately, the process can be especially simple when, working with a probate attorney, you are able to use an abbreviated legal process. In Florida probate, this is known as a summary administration.

Many families in Coral Springs, Parkland, and throughout the state wondering how to file a summary administration in Florida need to know whether their estate qualifies for this type of probate, the steps they must take, and ways to speed the process along.

Read below to learn how to file a summary administration in Florida. Then contact the Law Office of Gary M. Landau to schedule a free consultation to address your specific needs.

At-a-Glance Summary: Summary Administration in Florida

Before diving into the details, here are the key points to understand about summary administration in Florida:

  • Summary administration is a faster probate process for qualifying small estates or when the deceased person has been gone for more than 2 years
  • To qualify, the probate estate must meet Florida summary administration requirements
  • No personal representative needs to be appointed in most cases, unlike with a formal administration
  • Creditors can make claims against the estate only if the deceased person died less than 2 years earlier
  • A petition for summary administration must be filed with the appropriate probate court
  • The court issues an order allowing assets to be distributed to the beneficiaries

What is Summary Administration in Florida?

Summary administration is one of the two main types of probate administration allowed under the Florida probate code (the other being formal administration). It can be used for small estates or when the person whose estate is being probated died more than 2 years earlier.

Unlike formal administration, which involves the court appointing a personal representative to gather the assets, address creditors, and handle the estate, a summary administration does not involve a personal representative. The probate proceeds along a more direct court administration that is typically faster and less expensive. It is an especially great option for families dealing with smaller estates that have limited probatable assets.

Summary administration still requires the proper handling of all matters, including properly identifying assets, creditors, and beneficiaries.

Florida Summary Administration Requirements

To determine if an estate meets eligibility, one of two main Florida summary administration requirements must be satisfied:

  • The total value of assets in the probate estate (excluding those that are exempt, like the person’s primary homestead) cannot exceed $75,000, or
  • The person’s death must have occurred more than 2 years earlier.

Additional things to know:

  • All assets subject to probate have to be identified and tallied
  • Having a will makes the process easier, but summary administration can also be done when a person dies without a will, known as an intestate estate
  • If there are disputes about the will, creditors, or a person’s assets, summary administration cannot be used.

(For more information, see What Happens If Someone Dies WIthout a Will in Florida?)

Meeting these requirements is essential for utilizing the summary administration process in Florida probate court.

Step-by-Step: How the Summary Administration Process Works

The process of filing a summary administration in Florida includes several steps. While it is much simpler than the steps in a formal administration, each must still be accurately completed.

1. Identify Estate Assets and Value

The total value of the probatable estate must be determined. This includes bank accounts, investment accounts, expensive items the person owned, and the like. Life insurance with a named beneficiary and other exempt property is not included in this total.

2. Determine Beneficiaries and Interested Parties

All beneficiaries named in the last will and testament must be identified. If there is no will, the heirs Florida statutes determine as next in line must be named.

3. Prepare the Petition for Summary Administration

Working with an experienced probate attorney, a family member or close friend (known as the petitioner) drafts the necessary papers for the probate court. Other beneficiaries then sign accompanying forms, indicating their consent to move forward.

The petition must include:

  • Identifying information about the deceased person
  • Details of the estate’s assets and their value
  • A list of creditors against the estate (unless the person died more than 2 years prior)
  • A proposed distribution plan for beneficiaries based on the will (or Florida law)

4. File the Petition in Probate Court

The petition for summary administration is filed in the appropriate Florida probate court, typically in the county where the deceased person lived. The will, death certificate, and forms from other beneficiaries are also filed at this time.

5. Provide Required Notice

If the person died less than 2 years earlier, formal notice may need to be provided to all known creditors.

6. Court Review and Order

If the court approves the filing, it issues an order directing that the assets can be distributed according to the petition, including payment to creditors and beneficiaries. This process allows beneficiaries to access their share of the estate faster than in a formal administration.

Summary Administration vs Formal Administration in Florida

There are key differences with summary administration vs formal administration in Florida:

  • Formal administration is required for estates larger than $75,000 or when disputes exist. This may also be the best approach when there are many creditors
  • Summary administration can be used for estates smaller than $75,000, or if the person died more than 2 years earlier
  • Formal administration involves the appointment of a personal representative and publication in a newspaper to notify potential creditors
  • Summary administration does not involve a personal representative or newspaper publication
  • Formal administration involves ongoing court supervision and is a longer probate process
  • Summary administration is typically a shorter process and, therefore, is less expensive.

While summary administration allows for more immediate distribution, formal administration may be necessary even for estates valued less than $75,000 where there are disputes, a significant number of creditors, or complex assets.

Costs and Timeline for Summary Administration

The timeline and cost of summary probate administration can vary depending on the estate and whether complications arise. But typically in Florida:

  • The timeline from start to finish is generally a few months
  • The filing fee, which is set by the probate court (and varies by county) are lower than for a formal administration
  • The attorney fees can be significantly less than for a formal administration, and for simple cases are often a flat fee.

Of course, delays can occur if assets cannot be found, documents are incomplete, or beneficiaries do not complete their paperwork in a timely manner.

Common Mistakes That Can Delay the Process

Nearly all mistakes in a summary probate administration can be avoided by using an experienced Florida probate attorney who has filed many such cases.

Inexperienced attorneys may cause delays by submitting an incomplete or faulty petition or miscalculating which assets are subject to probate and erroneously value the estate under $75,000 when it is actually higher and requires a formal administration.

Frequently Asked Questions about Summary Administration

Do I need a lawyer for summary administration in Florida?

While it is legally allowable to file a petition on your own, probate court judges do not advise this. An experienced probate attorney is best positioned to prepare the petition and avoid mistakes and delays.

How long does summary administration take in Florida?

In Florida, summary administration typically takes a few months–longer if the court is backed up or questions or disputes arise.

What happens to creditors in summary administration?

If the person died less than two years prior (the time when creditor claims are generally barred), known creditors are served with a copy of the petition. What isn’t required is publication in a newspaper alerting potential creditors to the person’s death, as is done in a formal administration.

The barring of creditor claims even for large estates after 2 years is why the summary process can be used by these estates after this time.

Can I file summary administration without a will?

Yes. If the decedent left no valid will, the estate is treated as an intestate estate, and distribution follows Florida law.

What assets are included when calculating for a summary administration?

Only assets subject to probate are included. The person could have owned their primary residence and have a large life estate policy and  still qualify under the $75,000 cap if all other assets combined are below this amount.

Is summary administration faster than formal administration?

Yes, summary administration is typically faster because the process is streamlined. Additionally, unlike with a formal administration, there is no required 3-month waiting period for creditors to file claims.

Local Considerations for Coral Springs and Broward County

For families whose loved one lived in Coral Springs and Parkland, summary administration filings are typically handled through the Broward County probate court. Other jurisdictions apply when the person resided in other counties in the state.

Procedures, filing requirements, and timelines can vary slightly depending on which county’s probate court administers the process. This is why it is helpful that the Law Office of Gary M. Landau has filed probates and is familiar with probate courts in nearly every county in Florida.

Working with an experienced probate lawyer familiar with Florida probate processes streamlines the process and reduces delays. At the Law Office of Gary M. Landau, we are here to guide you throughout these steps.

Speak With a Coral Springs Probate Attorney Today

Whether you are unsure if the estate qualifies for a summary administration or are ready to prepare a petition for summary administration, clear legal guidance and careful explanations are important.

Call (954) 979-6566 or complete the online form to schedule a free consultation with the LAW OFFICE OF GARY M. LANDAU today.

At the LAW OFFICE OF GARY M. LANDAU, we assist clients throughout Coral Springs, Parkland, Broward County and all other counties in Florida With more than 25 years of experience in our practice areas and countless satisfied clients, attorney Gary M. Landau and his team are uniquely positioned to help you with your probate and real estate title and closing needs in Coral Springs, Parkland, Boca Raton, and throughout 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, want to change your deed, 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 consultation at no cost. We happily work with our clients in person, over the phone, or on Zoom.

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.
7401 Wiles Road, Suite 204
Coral Springs, FL 33067
(954) 979-6566
https://garylandau.com/

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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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