Summary Probate Administration Lawyers In West Palm Beach
If your loved one passed away in Florida and the estate meets certain criteria, you may be able to avoid a lengthy probate process. Summary probate administration is designed to accelerate the process of distributing assets to heirs of smaller estates or if their loved one passed away more than two years ago.
In Palm Beach County, our attorney typically can obtain an Order of Summary Administration within a week; as such, you could have access to probate assets immediately. Call 561-855-0348 to discuss summary probate administration with our attorney.
Helping Clients Navigate The Probate Process
The attorney at The Law Office of Nicole C. Morris, P.A., has over 19 years of experience providing trust administration and probate services throughout West Palm Beach, Florida. We understand you may feel overwhelmed with questions ever since your loved one passed away. You aren’t expected to have all the answers. During an initial consultation, our attorney can help you understand the process for administering your loved one’s estate. We will go above and beyond to make the probate process as simple and quick as possible.
Summary Administration Requirements In Florida
In Florida, a streamlined probate procedure, known as summary administration, is available for estates that meet one or both of the following requirements:
- Qualifying probate estate assets under $75,000, or
- The individual passed away two years or more prior to seeking summary administration
For example, if an individual passed away fairly recently with probate assets under $75,000, the smaller size of estate qualifies for summary administration. If one of your loved ones passed away three years ago with an estate including more than $75,000, such as a $200,000 estate, the estate qualifies for summary administration. Our lawyer thoroughly reviews the details to determine if an estate may qualify for summary administration. We can help you understand the process, and in light of the facts surrounding your loved one’s estate, including whether summary administration available or whether the formal probate process must be followed.
Summary Administration Is A Streamlined Probate Process
For estates that qualify for summary administration, the streamlined process is often be accomplished in a short time frame, which may be only a matter of days. We can help you to petition the probate court seeking a court order for the proper distribution of probate assets to the decedent’s heirs through a summary administration order. If the probate judge deems the petition to be proper, the streamlined process allows the court to issue the distribution order.
How Are Debts Handled Through Summary Administration?
For estates involving assets of less than $75,000, debts must be resolved prior to the summary administration process. The means that the debts have either been paid, or other arrangements are in place for payment of any outstanding debts. The summary administration petition must confirm that no outstanding debt remains that do not have an arrangement in place to resolve the debt.
It is critical that all debts are addressed for smaller estate of $75,000 or less. If any debts issues arise after an order for summary administration issues, the petitioner becomes personally liable for any debt claims and demands filed against the estate—up to the gross value of the probate estate actually received by the petitioner.
The statute of limitations for creditors to make claims and demands against a decedent’s estate is two years. Therefore, larger estates—those exceeding $75,000 – qualify for summary administration as there is no longer a need for the claims procedure that is part of formal administration.
Talk To A Lawyer Today
The streamlined process, with its simplicity and shorter duration, may considerably reduce overall costs associated with formal administration. Contact our law firm today to learn about our reduced, flat-fee structure. Again, typically, we can obtain an Order of Summary Administration within one week of being retained, which means you will have access to probate assets immediately.