Summary Administration

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Fort Lauderdale Summary Administration Lawyer

Not all Florida probate cases require a lengthy and expensive formal administration. For smaller estates or those where the decedent has been deceased for over two years, Florida law allows for a faster, more cost-effective process called summary administration. This guide explains what summary administration is, its benefits and drawbacks, and how Larry Tolchinsky, an experienced Fort Lauderdale summary administration lawyer, can help you navigate the process.

What is a Florida Summary Administration?

Summary administration is a simplified probate process available in Florida for certain estates. It can be used for resident or non-resident decedent’s when:

The estate’s value is under $75,000 (excluding exempt property like homestead).
The decedent has been deceased for more than two years, regardless of the estate’s size.

This process is faster and less expensive than formal administration, making it an attractive option for many families.

Learn more about the law related to Florida summary administrations.

Why Have a Summary Administration for Florida Assets?

The reason why many heirs choose to go through a summary probate administration here in Florida is that it can save everyone a lot of time and money.

How? A summary administration is quicker and less expensive than a formal administration. For example, summary administration does not require the appointment of a personal representative (any interested person may petition the court for a summary administration just like in a formal administration).

Also, you don’t need a lawyer to file a summary administration (see below).

If the legal requirements are met for a summary administration, a county probate judge can move the matter along very fast.

In some Florida summary administrations, the Order of Summary Administration can be signed by a county probate judge and the matter closed in a matter of weeks, not months or years like in a formal probate administration.

What Are The Negatives to a Florida Summary Probate Administration?

The downside to summary administration of a Florida estate is that the beneficiaries of the estate can remain liable to claims against the decedent for up to two years after the decedent’s death, unless a Notice to Creditors is published in a local newspaper or served upon each creditor.

Two years is a long time to be in limbo as an estate beneficiary. It is important that the party petitioning for a summary administration investigates to determine all of the possible creditors of the decedent.

Another complication: summary administrations and homestead real estate.

Some probate judges will issue an Order that determines the real estate to be the homestead of the decedent very quickly and without the need of hearing; other probate judges may take months to hold a hearing and issue a ruling that the real estate was the decedent’s homestead.

What Are The Steps of a Florida Summary Administration?

The actual steps in a Florida Summary Probate Administration are as follows:

File the Petition and Pay the Filing Fee. A Petition for Summary Administration must be filed with the Clerk of Court (The filing fee is $236.00 if the assets are valued at less than $1,000 – otherwise the filing fee is $346.00) and a Petition for Summary Administration may be filed at any stage of the administration of the estate if it appears that at the time of filing the estate would qualify;
Admit the Will. The Will, if any, must be deposited with the probate clerk (unless an administration occurred in a different state in which case an authenticated copy of the will is sufficient to deposit with the clerk);
Find the Creditors, Give Them Notice, Get Them Paid. Before the Court enters an Order of Summary Administration, a diligent search and a reasonable inquiry should be made for any known or reasonably ascertainable creditors and a copy of the petition must be served on those creditors, and a provision must be made for payment to those creditors to the extent that assets are available;
Get Order Signed By Judge Approving Distribution. The court may enter an Order of Summary Administration allowing immediate distribution of the assets to the beneficiaries.

Florida Real Estate Title Concern: A summary administration can be difficult especially when dealing with homestead property title issues. There are numerous issues that can arise, including foreclosure issues.

Do you need a lawyer for a Florida summary administration?

Florida law does not require the person who requests a summary administration of a Florida estate to have a lawyer. The interested person can go down to the courthouse and file the request for the summary administration without any attorney.

However, although attorney representation is not required for a Florida summary administration, hiring an attorney may be necessary in order to know the correct documents to file related to the creditor and homestead process.

Also, the petition for summary administration has to be filed in the correct county (the county where the real estate is located) and it must contain the necessary information (like a complete legal description) to satisfy a title underwriter (in the event the property is later sold).

If there is homestead property, formal notice on interested parties and a hearing in front of a Judge may be required. Sometimes it may take a while to get an order determining homestead in a summary administration, which can delay the sale of the home and the disbursement of the sale proceeds to the beneficiaries.

Experienced Fort Lauderdale Probate Lawyer Representing Clients With Summary Administrations

Navigating the probate process can be overwhelming, but you don’t have to do it alone. With over 30 years of experience, Larry Tolchinsky has the expertise to guide you through every step of summary administration. Contact Larry today for a free consultation and take the first step toward resolving your loved one’s estate. Call 954-522-0207 or use our online contact form to get started.

To learn more about Larry click here: Probate Lawyer

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