A Shortened Administration Process..
A Shortened Administration Process..
A Shortened Administration Process..
When a person passes away in Florida, their estate must be administered through the probate court. While probate can be a lengthy process, there is a shortened form of probate referred to as summary administration. Summary administration generally takes less time, expense, and effort than formal probate administration, and it does not require the court to appoint a personal representative. If you believe that you might qualify for this process, please discuss your situation with our Florida summary administration lawyers at the Legacy Law Firm today.
There are different ways that an estate can go through summary administration instead of full administration in the probate court. The following are some qualifications:
If your loved one passed away and the situation meets one or more of these qualifications, discuss the possibility of summary administration with our legal team today.
Many people believe that an estate will not qualify for summary administration because the decedent owned a home that is worth more than $75,000. However, this is often not the case if the house was the decedent’s primary residence. Under Florida Homestead laws, the house can pass directly to specific beneficiaries, and the value of the home will not be included in the estate for the purposes of probate administration. For this reason, a person with $55,000 in assets and a home worth $200,000 can still have an estate that qualifies for summary administration.
Just like formal administration, you will need to start summary administration by filing a petition in Florida court. The petition may be filed by someone the will designated as the personal representative or any beneficiary. If there is a surviving spouse, and they are not the personal representative, the spouse will need to sign and verify the petition.
The petition needs to demonstrate to the court why the estate is qualified for summary administration, as well as lists of assets, debts, and the plan to distribute the assets. If the probate court approves the estate for summary administration, it can then set forth an order for the distribution of assets to creditors and beneficiaries. This can happen immediately. Note that if the decedent passed away more than two years prior, creditor claims will not be an issue in Florida.
If you’re browsing this part of our website then you’ve likely lost someone you care about. First and foremost, please accept our deepest condolences. We understand this may be a difficult time for you, and are here to help.
Even though summary administration can be a simpler process than formal probate, you still want to discuss the process with an experienced probate attorney at The Legacy Law Firm. Having the right representation and counsel can prevent complications, so please call 954-999-9683. or contact us online today for more information about our Florida probate services.
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