Florida Summary Probate Process
With a Probate Attorney, the Summary Administration Process Becomes Easier
Summary administration in Florida is an abbreviated form of probate that is a shorter, more efficient process, when it is available. It often does not require the presence of a Florida law representative. Under Florida probate rules, in order to be eligible for summary administration, the value of the estate must not be more than $75,000 or the date of death of the Decedent must be at least two (2) years prior.
There are other practical considerations for a summary probate as well. For example, all assets must be known to the petitioner. Summary administration transfers the assets by court order to the heirs or beneficiaries but there is no personal representative appointed. As such, there is no person with authority to investigate matters relating to the estate. In some circumstances, a formal administration is required because a personal representative is necessary to act on behalf of the Deceased. If a personal representative is necessary, an order of summary administration is not available.
Restrictions in Summary Administration
The summary administration process in Florida does not require a legal representative. A petition must be filed with the court, and the court will make the final decision on the inheritance of the said probate. While the summary administration process is meant to be easier, it has its restrictions and drawbacks. For example, petitions for summary administration must be filed within the appropriate timeframe in order to even be considered and cannot exceed $75,000.
In order to avoid errors and/or ensure that your petition is filed properly, you should contact an experienced Florida probate lawyer.
Formal Administration vs. Summary Administration
There are many different forms of administration for Florida probates and it is important that you contact a knowledgeable probate lawyer in order to determine the best way to proceed. A probate attorney can help you determine whether a summary administration, formal administration, or some other form of probate is most appropriate for your case.
In a summary administration, creditors are usually paid and accounted for as part of the distribution. If there are significant creditors, a formal administration may be more beneficial for the estate. A formal administration has a procedure for the notification of creditors whereby creditors are afforded an opportunity to make a claim and the personal representative has the ability to sort through the filed claims and make any valid objections deemed necessary by the personal representative.
Probate Attorneys in Gainesville, FL
At the Law Office of Silverman, Mack & Associates, our experienced probate attorneys have numerous years of experience in Florida’s summary administration process. For paperwork assistance, a general understanding of the probate process (and probate rules, regulations, and terminology), and legal advocacy, contact our firm in Gainesville, FL, today for a free initial consultation.