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.
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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
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