Understanding Summary Administration Probate in Florida

Navigating the probate process in Florida can be challenging. Many find it surprisingly long and complex. Fortunately, for estates meeting specific criteria, the Law Office of Michael T. Heider offers a streamlined option: Summary Administration Probate. This guide, from a dedicated Florida probate attorney, will help you understand this expedited process and determine if it’s the right choice for your situation.

What is Summary Administration Probate?

Under Florida Statute, Summary Administration is a simplified form of probate for certain estates. Unlike Formal Administration, which requires a Personal Representative (PR) and often takes many months, Summary Administration can be completed relatively quickly and with fewer costs.

An estate is eligible for Summary Administration in Florida if:

• Estate value is $75,000 or less. This applies when the value of the entire estate subject to administration in Florida, less exempt property (like homestead property), is $75,000 or less.
• Decedent deceased for more than two years. This applies regardless of the estate’s value.

Important Note: Even if these criteria are met, Summary Administration is unavailable if the decedent’s will explicitly directs a formal probate administration. A knowledgeable Florida probate attorney can confirm eligibility based on your specific circumstances.

Why consider Summary Administration Probate?

Electing Summary Administration offers compelling advantages for eligible Florida estates:

• Speed. It typically concludes much faster than Formal Administration, as there’s no PR appointment or ongoing reporting obligations.
• Cost savings. Legal fees and court costs are usually lower due to fewer steps, a common benefit highlighted by a Summary Administration lawyer in Florida.
• Two-year rule benefit. If the decedent died over two years ago, Florida’s two-year nonclaim provision generally bars creditor claims, effectively cutting off potential claims without formal notices.
• Flexibility for smaller estates. This streamlined option is often preferred for modest estates with no complex asset distribution.

The Summary Administration Probate process

The process begins by filing a “Petition for Summary Administration” with the court. Any beneficiary or nominated personal representative (as per the will) can file this. If there’s a surviving spouse, their signature and verification are mandatory. Your Summary Administration lawyer will prepare and file this petition.

Once the court reviews eligibility and verifies facts, it issues an order for asset distribution to beneficiaries and creditors. Unlike formal probate, the court order directly facilitates distribution, as there’s no ongoing personal representative managing the estate.

Handling creditor claims in Summary Administration

If the decedent passed away less than two years ago, any known or discoverable creditors must be identified. Florida law requires the petitioner to:

• Conduct a diligent inquiry to locate creditors
• Send a copy of the petition to those creditors
• Make provisions for payment based on available estate assets

If more than two years have passed since the decedent’s death, creditor claims are barred under Florida’s two-year rule, eliminating this requirement.

Eligibility checklist for Summary Administration Probate

Here’s a simple checklist to determine if an estate qualifies for Summary Administration:

• The decedent was a Florida resident (or owned real property in Florida).
• Total probate assets are $75,000 or less (excluding exempt property like homestead), OR the decedent died over two years ago.
• All heirs and beneficiaries agree to the summary process and will sign consents.
• There are no known, unresolved creditor claims, or two years have passed since death.

Why choose a Florida Probate Attorney for Summary Administration?

Even a simpler process like Summary Administration involves legal complexities, especially concerning creditor notification and homestead exemptions. An experienced Florida probate attorney can:

• Assess eligibility. Determine the most appropriate and efficient path for the estate.
• Prepare and file documentation. Ensure all necessary petitions, affidavits, and orders are correctly prepared and filed.
• Manage creditor issues. Guide you through identifying and notifying creditors, ensuring compliance.
• Handle homestead matters. Advice on proper handling of Florida homestead property to protect it.
• Streamline the process. Help avoid common pitfalls and delays, leading to a quicker resolution.

Contact a Florida Probate Attorney today

Do not navigate Florida probate alone. For a free consultation regarding Summary Administration or any other probate matter, contact the Law Office of Michael T. Heider, P.A. Our experienced Florida probate attorney is here to help you understand your options and efficiently resolve the estate. Call us today at 727-235-6005 or contact us to schedule your consultation.