Nobody likes to hear that they have to file for probate, but the news is usually a little easier to stomach when the estate qualifies for a summary administration under Florida Law.
Summary Administration is available as an option if all of the following conditions are met:
1. The size of the probate assets in Florida, not including exempt assets and homestead property, is less than $75,000 or the decedent has been dead for more than 2 years; and
2. If the decedent had a will, the will does not prohibit summary administration.
Even taking into account the above general statutory rules for Summary Administration, it can be tricky to determine what assets are included as part of the summary administration limit. There are also a number of reasons why it may be more advisable to pursue a Formal Administration of an Estate instead of a Summary Administration.
This could be due to the number, nature or extent of the estate's creditors; feuding beneficiaries or some other need to appoint a Personal Representative for the estate (a Personal Representative is not appointed for a Summary Administration proceeding and no Letters of Administration are issued either).
Before you hire an attorney to petition for the administration of formal probate proceedings, ask if a simpler, less costly, Summary Administration is available. For more information or to schedule a confidential consultation, e-mail us.