Florida Statute Chapter 735
Broward County Probate Lawyer – Attorney Larry Tolchinsky
According to Florida Statute Chapter 735, an estate may be administrated using a “Summary Administration” proceeding if certain conditions are met related to the estate property located in the State of Florida: A summary administration is permitted if there has been no probate administration whatsoever for at least two years after the person has passed; or (1) there’s a maximum of $75,000 in value (not counting homestead) and (2) there’s no issues with the decedent’s creditors because either they have all been paid or they all agree to the summary administration of the estate.
The reason why the summary administration has a two year requirement is because under Florida probate law assets of an estate are only subject to creditors’ claims for 2 years from the date of the decedent’s death.
As of 2016, the following laws govern summary administrations in the State of Florida:
735.201 Summary administration; nature of proceedings.—Summary administration may be had in the administration of either a resident or nonresident decedent’s estate, when it appears:
735.202 May be administered in the same manner as other estates.—The estate may be administered in the same manner as the administration of any other estate, or it may be administered as provided in this part.
735.203 Petition for summary administration.—
(2) If a person named in subsection (1) has died, is incapacitated, or is a minor, or has conveyed or transferred all interest in the property of the estate, then, as to that person, the petition must be signed and verified by:
The petition for summary administration may be filed at any stage of the administration of an estate if it appears that at the time of filing the estate would qualify.
735.206 Summary administration distribution.—
(4) The order of summary administration and distribution so entered shall have the following effect:
735.2063 Notice to creditors.—
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You may also be interested in: Problems With Summary Administrations.
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