Settling A Florida Estate Efficiently Through Summary Probate Administration
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. Located in Palm Beach County, our firm can typically obtain an Order of Summary Administration within a week; as such, you could have access to probate assets immediately.
Our 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, attorney Morris can help you understand the process for administering your loved one’s estate. She 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
- 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.
Florida Probate Rule 5.530. Summary Administration
Below, we’ve cited the statutory language related to summary administration for your reference:
(a) Petition. The petition must be verified as required by law and must contain:
(1) a statement of the interest of each petitioner, each petitioner’s name and address, and the name and office address of each petitioner’s attorney
(2) the name and last known address of the decedent, last four digits of the decedent’s Social Security number, date and place of death of the decedent, and state and county of the decedent’s domicile
(3) so far as is known, the names and addresses of the surviving spouse, if any, and the beneficiaries and their relationship to the decedent and the date of birth of any who are minors
(4) a statement showing venue
(5) a statement whether domiciliary or principal proceedings are pending in another state or country, if known, and the name and address of the foreign personal representative and the court issuing letters
(6) a statement that the decedent’s will, if any, does not direct administration as required by Chapter 733, Florida statute
(7) a statement that the value of the entire estate subject to administration in this state, less the value of property exempt from the claims of creditors, does not exceed $75,000 or that the decedent has been dead for more than two years
(8) a description of all assets in the estate and the estimated value of each and a separate description of any protected homestead and exempt property
(9) a statement either:
(A) that all creditors’ claims are barred
(B) that a diligent search and reasonable inquiry for any known or reasonably ascertainable creditors has been made and one of the following:
(i) A statement that the estate is not indebted
(ii) The name and address of each creditor, the nature of the debt, the amount of the debt and whether the amount is estimated or exact, and when the debt is due. If provision for payment of the debt has been made other than for full payment in the proposed order of distribution, the following information must be shown:
(a) The name of the person who will pay the debt
(b) The creditor’s written consent for substitution or assumption of the debt by another person
(c) The amount to be paid if the debt has been compromised
(d) The terms for payment and any limitations on the liability of the person paying the debt
(10) in an intestate estate, a statement that after the exercise of reasonable diligence each petitioner is unaware of any unrevoked wills or codicils
(11) in a testate estate, a statement identifying all unrevoked wills and codicils being presented for probate, and a statement that each petitioner is unaware of any other unrevoked will or codicil; and
(12) a schedule of proposed distribution of all probate assets and the person to whom each asset is to be distributed.
(b) Service. The joinder in, or consent to, a petition for summary administration is not required of a beneficiary who will receive full distributive share under the proposed distribution. Any beneficiary and any known or reasonably ascertainable creditor not joining or consenting must receive formal notice of the petition.
(c) Testate estate. In a testate estate, on the filing of the petition for summary administration, the decedent’s will must be proved and admitted to probate.
(d) Order. If the court determines that the decedent’s estate qualifies for summary administration, it must enter an order distributing the probate assets and specifically designating the person to whom each asset is to be distributed.
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 online or call 561-855-0348 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.