You may think that a simplified probate process is a right choice if the deceased person’s estate is less than a specific value. It is not always true. It is best to consult a reputed probate lawyer in Florida and find out whether you should opt for it.
When Does an Estate Become Eligible for Summary Administration
Simplified probate in Florida is known as summary administration. However, the estate of a recently deceased person may not qualify for summary administration. It can happen only if the value of the probate property is not more than $75,000. This cut-off limit does not include the protected homestead real estate of the deceased.
Furthermore, an estate in Florida can also opt for summary administration if the deceased person has been dead for two years. In such a case, the value of the decedent’s assets is not taken into consideration and you can request for summary administration as long as no previous probate administration was done on the estate.
What Happens to the Deceased Person’s Debts?
As Heider Law firm’s probate lawyers in Florida will tell you that creditors are not eligible to make any claims against the estate of a deceased person if two years have passed since the debt was accrued. Hence, creditors are not allowed to make a claim during summary administration if it is two years since the person has died.
On the other hand, if you are opting for a simplified probate in Florida for a spouse, parent or another family member’s estate, you would have to demonstrate good faith effort in trying to locate all creditors that the deceased person may have had. You can put a notice in the local newspaper informing creditors, who will have three months from the date the notice was published to put in a claim. All creditors would have to receive a copy of your petition that you have requested summary administration along with details of how they can file for claims against the estate.
In case the deceased person’s estate value is too small and does not have sufficient assets to clear all the creditors, the debts are not paid as the estate is declared insolvent.
That is why you should never attempt for summary administration without the presence of a qualified probate lawyer in Florida. Thankfully, you can rely on the Heider Law firm to help you out when the need arises. The qualified and experienced probate lawyers from the law firm will assist you every step of the way.
Filing for Simplified Summary in Florida
Heider Law firm’s probate lawyers in Florida will assess your case and if your parent or relative’s estate qualifies for summary administration, they will file for it at the local probate court. The filing fee in Florida varies from county to county.
If the estate is small, it will hardly take a week to complete the entire probate process. For other estates, it takes a month or so to complete summary administration.
You can consult the probate lawyers at Heider Law to find out if summary administration is the way forward for a parent or relative’s estate who has died without a last will and testament.