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Summary Probate Administration

Florida Summary Probate Administration

In some circumstances, the law allows for a summary probate administration process that is typically less complicated, less time consuming and less expensive than the formal probate process.

Qualifying for Summary Probate Administration

There are two conditions under which a Florida estate may qualify for summary probate administration:

  • When the deceased has been dead for more than two years, or
  • When the total value of the estate is less than $75,000

Even if one of these conditions is met, formal probate will still be required if the decedent left a will requiring the formal process.

Understanding the Summary Probate Qualifications

Although the two circumstances allowing for the summary probate process appear straightforward, determining whether an estate qualifies is a bit more complicated. For example, the $75,000 cap on the value of the estate excludes certain property, such as homestead property and other property that is exempt from attachment by creditors.

An experienced estate lawyer can be your best resource for determining which approach to probate is appropriate.

The Summary Probate Process

Like formal probate, summary probate administration is commenced through the filing of a petition. The petition may be filed by any beneficiary, or by a personal representative named in the deceased’s will. If the deceased was married, however, the surviving spouse must sign and verify the petition.

The petition must show:

  • Facts establishing that the estate qualifies for summary administration.
  • A list and valuation of assets 
  • Information about outstanding debts
  • A plan for distribution of the estate assets

Identifying and Serving Creditors in a Summary Administration

If the deceased passed away more than two years prior to the filing of the petition, any remaining creditor claims will be extinguished. Thus, in that circumstance, no due diligence is required to determine outstanding liabilities. If, however, the deceased has passed away more recently, the petitioner is required to make a diligent effort to identify creditors, serve them with a copy of the petition, and make arrangements for payment of the debt if estate assets allow.

Talk to An Experienced Florida Probate Lawyer

Summary administration is simpler and more straightforward than the formal probate process, but that doesn’t mean it’s easy or intuitive. Even determining whether an estate may be managed through the summary process can be complicated. An experienced Florida probate attorney can help you move the estate forward with confidence.

Our attorneys can help you:

  • Determine whether summary administration or the formal probate process is appropriate
  • Prepare an accurate and effective petition
  • Ensure that creditors are properly served, if necessary
  • Create a distribution plan that will be fair, efficient and and acceptable to the court
  • Obtain a distribution order

Just fill out the form at the bottom of this page or call (386) 272-7445 to schedule a consultation.

Commonly Asked Questions

What is summary probate administration in Florida?

Summary probate administration in Florida is a streamlined legal process designed for settling smaller estates or those where the decedent has been deceased for more than two years. It is generally less complicated, quicker, and more cost-effective than formal probate administration. This process involves filing a petition that demonstrates the estate's eligibility for summary administration, listing assets and their values, addressing outstanding debts, and proposing a plan for distributing the estate's assets.

Is it necessary to serve creditors in a Florida summary probate administration?

In Florida, serving creditors in a summary probate administration depends on how long ago the decedent passed away. If it has been more than two years, any remaining creditor claims are extinguished, and no action is required. However, if the decedent passed away within the last two years, the petitioner must diligently identify creditors, serve them with a copy of the petition, and arrange for the payment of debts if the estate has sufficient assets to do so.

Why should I consider hiring a Florida probate attorney for summary administration?

Hiring a Florida probate attorney for summary administration can be invaluable in navigating the complexities of probate law. An attorney can help determine the most appropriate probate process for the estate, prepare an effective petition, ensure proper service to creditors if necessary, and create a fair and efficient distribution plan that meets court approval. Their guidance can help you manage the estate with confidence and ensure that all legal requirements are met for a smooth probate experience.

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