In Florida, the two primary types of probate are formal administration and summary administration. Formal administration is the “standard” probate process where title to a decedent’s assets is cleared after the appointment of a personal representative and a full probate proceeding. Summary administration is the shortened form of probate and does not require the appointment of a personal representative.
Qualifications for Summary Administration
There are two ways that an estate can qualify for summary administration:
1) If the value of the entire estate – minus the value of any homestead property – is less than $75,000; or
2) If the deceased passed away more than two years ago.
Clearing Title to Homestead Property Through Summary Administration
If the Florida homestead is the only asset in the decedent’s estate, it will qualify for summary administration no matter the value of the homestead property. This is because Florida homestead property is not included for purposes of determining the value of an estate. If there are additional probate assets besides the homestead property but the value of those assets does not exceed $75,000, then the estate may still be qualified for summary administration.
Florida law mandates that homestead property passes directly to a decedent’s heirs, but that doesn’t mean that the heirs will have clear title to that property. Before being able to sell and convey clear and marketable title of the property to a new owner, many title insurance underwriters require an Order Determining Homestead, which is obtained through the summary administration process.
To obtain this order, a Petition for Homestead Determination should be filed with the probate court in conjunction with the Petition for Summary Administration. Many Florida probate judges will enter an Order Determining Homestead and an Order of Summary Administration at the same time, which will allow the Florida probate process to be completed within a few months. However, if formal administration is required because the estate does not qualify for summary administration, the process generally takes longer.
How Farshchian Law Can Help
The attorneys at Farshchian Law can assist you with clearing any title issues through probate and ensuring that estate assets are properly passed on to heirs. To learn more about our probate services and for a free consultation with an experienced Florida probate attorney, contact us today at (800) 604-1871 or send an email to Probate@JFRealEstateLaw.com. We provide real estate, probate, estate planning, and title/closing services throughout the State of Florida.