Summary Administration During Florida Probate
Summary administration is an abridged form of formal administration in Florida probate court. Its essential difference from formal administration is that it does not require a judge to appoint a personal representative. Rather, a petition to finalize the estate through summary administration is filed with the court by a beneficiary of the estate or a representative listed in the decedent’s will (such as the executor of the will).
In Florida, estates can qualify for summary administration when:
- The decedent has been deceased for a period exceeding two years or
- The estates non-exempt value is less than $75,000
If the estate meets one or both of these requirements, but the last will and testament specifies that the estate should go through formal administration, then the petition for summary administration will not be approved.
How A Probate Attorney Can Help During Summary Administration
A probate attorney can help you complete and file to proper forms, including the petition for summary administration, with the court. The probate attorneys at the Storay Advocacy Group have served on numerous probate cases as the estate representative – either elected by the family and beneficiaries or added to the will by the decedent.
Summary Administration Process
For an estate to be granted summary administration by the probate court, a petition agreed upon and signed by the surviving spouse (if there is one) is filed by one of the estate’s beneficiaries or an estate representative such as an attorney, executor of the will, or other trusted person nominated by the decedent’s will.
The petition should include
- Evidence that the estate qualifies for summary administration
- A concise list of assets and their corresponding values
- Information pertaining to the estate’s debt
- A distribution plan for the assets to creditors and beneficiaries
If the petition is deemed satisfactory by the probate court, it is then ordered to be carried out according to the submitted distribution plan.
Having a probate attorney assist you through the summary administration process can also be beneficial in collecting asset and debt information of the decedent and notify all beneficiaries of their portion of the estate. A probate attorney can also help you notify creditors and settle debts though the estate. Consulting with a probate attorney is free at the Storay Advocacy Group. Contact us to discuss your options and see how we can unburden your shoulders during your time of grief.