Typically, when a person dies, settling the estate of the deceased is a difficult process that can take months to resolve. In some cases, especially if there are disputes over a large estate, it can take years. However, it may not make sense to go through all that if the estate simply isn't worth that much money, ($75,000 or less) or it's been longer than two years since they passed and the family just wants to get it resolved. Summary probate, also referred to as a "summary administration," exists in Florida to solve this problem. It is a simplified form of probate administration that is faster than a formal administration, is substantially less expensive, and does not require a personal representative to be appointed.
While a summary probate does not compel you to use an attorney, it is recommended that you have one to help with the complex process and required documents.
How summary administration works
The process starts when any beneficiary, or person nominated as a personal representative in the will, files a petition for summary administration. That petition must be signed and verified by any surviving spouse and, in most circumstances, all beneficiaries. Any heirs entitled to share in the estate who were not included in the order of summary administration can assert their rights against whoever secured the court order.
Documents that include a death certificate, information regarding creditors, and several other formal documents, must also be submitted. These documentation requirements vary by county, so it's a good idea to check the website of the clerk of court in the county where you will be filing.
Once the petition is filed, the court will determine if the decedent's estate qualifies for a summary administration. It then enters an order that distributes the probate assets, specifically designating which beneficiary will receive each asset. In Florida, a summary administration typically takes between one and three months to complete. That length of time depends on whether the court finds any issues with the petitions, as well as how quickly they can be reviewed by the court.
One question that frequently comes up is, what impact does the existence of a homestead property in the estate have on a summary administration? In Florida, the value of a homestead that is part of an estate is exempt from the $75,000 threshold, so it does not count toward the value of the estate.
When a homestead property is involved, it's important to file the petition that determines homestead property at the same time you file the petition for a summary administration. Typically, the court enters the Order of Homestead at the same time that it enters the Order of Summary Administration. In fact, one reason people choose to file for a summary administration is so they can obtain a homestead order.
If you have questions about how summary probate works, or would simply like to talk to a qualified estate planning attorney about how to protect your family in general, contact Nexus Legal Solutions at 407-900-7722 for a consultation.
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