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 25 years of combined 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, summary administration is a probate procedure available for the administration of estates that meet either of the following requirements:
- Probate assets under $75,000, or
- The decedent has been dead for over two years
For example, if your loved one passed away with $25,000 in assets subject to probate, summary administration can be used because the size of the estate is small. If one of your family members died with $300,000 in assets more than three years ago, the estate qualifies for summary administration. Our lawyer is highly aware of the summary administration requirements. We can help you understand if the estate qualifies for summary administration or if the formal probate process must be followed.
Summary Administration Is A Streamlined Probate Process
If the estate qualifies for summary administration, the simplified process can be completed in a matter of days. This can be accomplished by petitioning the probate court to order the distribution of the decedent’s assets to his or her heirs. If the probate court deems the petition to be proper, it will issue an order of summary administration, which authorizes the estate assets to be distributed to the proper beneficiaries or heirs at law.
How Are Debts Handled Through Summary Administration?
If the estate qualifies for summary administration solely because its value is less than $75,000, then all estate debts must have been paid or arrangement for payment must have been made. Therefore, in the petition for summary administration, you will be asked to confirm that you know of no debts owed by the decedent that have not already been paid or provisions for payment have been made.
This is important because when an order of summary administration is issued, the petitioner becomes personally liable for all lawful claims and demands against the estate of the decedent. However, this liability cannot exceed the gross value of the estate property actually received by the petitioner.
Larger estates can qualify for summary administration if the decedent has been dead for at least two years. Since the statute of limitations for creditors to file a claim against a decedent’s estate is two years, there is no need for the claims procedure of formal administration.
Talk To A Lawyer Today
Because of the simplicity and much shorter process, the expenses of summary administration are considerably less than those of 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.