For many families, summary administration in Florida can speed up and simplify the probate process following a loved one’s death. Here is what you need to know about summary administration and when it may be an available option for you.
What Is Summary Administration?
Summary administration is a simplified probate process for small estates. Alternatively, it can be used when a person has been deceased for more than two years and all unsecured creditor claims (such as credit cards, medical debts, etc.) are barred. Florida probate provides an avenue to pay creditors after someone has died, but the state’s statute of repose bars most creditor claims after two years following the decedent’s death, which is why summary administration may be available in this circumstance.
To qualify for summary administration, the decedent must have been deceased for more than two years, or the probate assets must be less than $75,000. Exempt property is not included in calculating this total. Common examples of exempt property in Florida include:
- The decedent’s homestead property (i.e., primary residence)
- Household furniture, furnishings, and appliances in the decedent’s home, up to $20,000
- Two motor vehicles
- Qualified 529 college tuition programs
- Death benefits paid to teachers and school administrators
Summary administration allows the probate estate to be resolved without following all the formalities involved in a formal probate administration.
Benefits of Summary Administration
The primary benefits of summary administration are the time and cost savings. A typical formal probate administration may take years to resolve, compared to summary administration, which may be finalized as soon as one month after the case is opened. This is because you do not have to follow many of the formalities required of a formal probate administration or wait for statutory periods to elapse.
Costs are also lower because there are fewer court filings, and a personal representative does not need to be appointed. Attorney fees may be less when court appearances and lengthy judicial proceedings are not involved. Court filing fees are also lower for summary administration cases.
Differences Between Summary Administration and Formal Probate
You should be aware of the essential differences between summary administration and formal probate before you pursue this route. There is no personal representative appointed in a summary probate administration. All beneficiaries must join in on the Petition for Summary Administration or be served with a formal notice and given a time period to object to the probate petition.
If the decedent died less than two years ago, the petitioner may have to file a Notice to Creditors or an affidavit stating that they will remain personally liable for any claims brought before the two-year time limit for any value of the estate that is not exempt property.
Probate judges can order a petitioner to convert probate proceedings from summary to formal administration if creditors file claims against the estate or they deem the case inappropriate for summary administration.
What You Need to File for Summary Administration
Even though the summary administration process is much more straightforward and less cumbersome than a typical probate case, you will still need specific information and documentation to begin the process of filing for summary administration, including:
- Original or certified copy of the death certificate
- Petition for Summary Administration in Florida
- Petition to Determine Homestead Status of Real Property (if applicable)
- Property tax bill
- Copy of paid funeral bill
- A description of all assets in the estate and the estimated value of each asset
- A description of any protected homestead and exempt property
- Schedule of proposed distribution of all probate assets and to whom each asset should be distributed
- Affidavit of heirs
- Affidavit of homestead
- Affidavit of no criminal history (certain counties)
- Original Last Will & Testament (if applicable)
Each case is different and each county in Florida has different requirements, so your case may require additional documents than the ones stated above. An experienced summary administration lawyer can help guide you through the process and ensure that you have everything you need for your petition.
Is Summary Administration Right for You? Call Farshchian Law to Find Out
There are pros and cons to filing for a summary administration. An experienced probate attorney can review your particular situation and help determine which route would be best to administer your estate. Schedule a free consultation with an experienced Florida probate lawyer by calling (800) 604-1871 or emailing us via our secure online contact form. Farshchian Law can assist you with probate, real estate, and title/closing services anywhere in Florida.