Summary Administration
Summary Administration in Florida Probate
Losing a family member or loved one is an emotional time and navigating Florida probate law can add to stress. Whether your loved one died with will or without one, the estate will often still be required to go through the probate process. In some cases, probate can be handled through a streamlined procedure known as summary administration.
What Is Summary Administration?
Summary administration is a simplified probate process authorized under Chapter 735, Florida Statutes, that allows a deceased individual’s estate to be administered without all of the necessary steps required for a formal administration. This simplified probate process is designed for smaller estates or situations where the decedent has been deceased for two years or more.
Summary Administration for Small Estates
For a small estate, the total value of the non-exempt assets must be less than $75,000.00. Certain assets are excluded from this calculation including protected homestead property. Because homestead does not count toward the estate’s total value, many estates may qualify for summary administration even in cases where real property is involved.
Summary Administration After Two years
If the decedent has been deceased for two-years or more, a summary administration may be available regardless of the value of the estate. At that point, creditor claims are generally barred, which allows the estate to be administered through the summary administration process instead of a full formal administration.
When Summary Administration May Not Be Appropriate
There are situations in which summary administration is not the best option. Certain assets, disputes, or estate complexities may require a formal administration instead. Consulting with a Florida Probate attorney can help determine whether summary administration is appropriate or whether a different probate process is required.
Do I need an Attorney for Summary Administration?
While summary administration is a streamlined probate process, it still requires strict compliance with Florida probate law. An attorney can help ensure the estate qualifies, prepare the necessary filings, and avoid delays or costly errors during the probate process.
