While many people leave behind large and complex estates, other estates are much more modest, though no less important to the families involved. For smaller estates, or where the decedent passed away more than two years ago, Florida provides a streamlined and simplified probate process for distributing assets and closing the estate: summary administration.
While summary administration is quicker and less complex than formal probate, there are still requirements and responsibilities for those charged with navigating the process. At Farshchian Law, our summary administration attorneys help surviving spouses, beneficiaries, and petitioners determine whether summary administration is available and, if so, guide the process to a swift and trouble-free conclusion.
Which Estates Qualify for Summary Administration?
To qualify for summary administration, the decedent’s last will and testament must not direct formal administration under Chapter 733 of the Florida Statutes. If the will requires formal administration, the estate will not qualify for summary administration regardless of asset value.
If the will is silent as to the type of administration, or if the deceased died without a will, summary administration is available so long as:
- The value of the entire estate subject to administration, less property exempt from creditor claims, is less than $150,000, OR
- The decedent has been deceased for more than two years
Property exempt from creditor claims, which can be of any value and is not counted toward the $150,000 threshold, includes:
- The decedent’s homestead property (primary residence)
- Household furniture, furnishings, and appliances in the decedent’s usual place of abode, up to $20,000 in value
- Up to two motor vehicles regularly used by the decedent or immediate family, each under 15,000 pounds gross vehicle weight
- Qualified 529 college tuition programs, including Florida Prepaid College Trust Fund contracts and agreements
- Death benefits paid to teachers and school administrators
Because homestead property is exempt from the $150,000 calculation, a decedent may leave a home worth well over a million dollars, and the estate may still qualify for summary administration if the remaining non-exempt assets fall below the threshold.
What We Handle in a Summary Administration
We assist petitioners, surviving spouses, and heirs with all steps involved in the summary administration process, including:
- Gathering estate assets
- Identifying which estate assets must go through the probate process
- Preparing the Petition for Summary Administration
- Providing proper notice to the estate’s beneficiaries
- Preparing the Affidavit of Heirs and other court-required documents
- Filing the death certificate and will
- Preparing disclaimers of interest in property
- Distributing all assets to beneficiaries
- Facilitating the transfer of title once probate is complete
- Assisting in the sale of probate property
How Summary Administration Differs From Formal Administration
The most significant difference between summary and formal probate is that the court does not need to appoint a personal representative in a summary administration proceeding. Instead, any beneficiary, or the individual nominated as personal representative in the will, can petition the court to directly order distribution of the decedent’s assets. The petition to open the estate must be signed and verified by the surviving spouse, if there is one. If the decedent left no valid will, distribution follows Florida’s laws of intestate succession.
At the conclusion of a summary administration, the court issues an Order of Summary Administration authorizing the distribution of assets to the rightful beneficiaries. Summary administration is typically much faster than formal probate. While formal administration can take up to a year or more, summary administration is often completed in approximately six to eight weeks.
Is Summary Administration Always the Best Option?
Qualifying for summary administration does not necessarily mean it is the right choice for every estate. Several factors should be weighed before choosing this path, including:
- The value and nature of the estate’s assets
- The presence of multiple creditors
- Multiple beneficiaries with potentially competing interests
- Pending litigation, such as a wrongful death claim
- The likelihood of contests, objections, or disputes among heirs
- Whether estate property needs to be sold as a short sale
An experienced Florida summary administration attorney can help determine which assets must go through probate and which form of administration best serves the estate and its beneficiaries.
Questions About Summary Probate? Contact Farshchian Law
No matter what type of Florida probate process applies to your situation, the legal requirements can be confusing even for the most careful individuals. At Farshchian Law, we guide you through every aspect of the summary administration process, ensuring you understand your obligations and providing the peace of mind that comes from experienced counsel.
Miami Office: 305-901-5628
Naples Office: 239-935-8599
Tampa Office: 813-367-0129
Toll-Free: 855-513-5880
Email: Info@JFRealEstateLaw.com