Simplified Probate an Option for Many Estates in Florida
When someone with a modest amount of assets passes away, the decedent’s estate may be executed using what’s known in Florida as “summary administration.” To qualify for this streamlined probate process, the estate must meet one of the following requirements:
- The total value of the estate is less than $75,000. This number does not include protected homestead property.
- The decedent passed away two or more years ago, regardless of the value of his or her estate.
In Florida, there is a filing fee of $235 for estates valued at $1,000 or less, and a fee of $345 for estates valued at more than $1,000. However, some counties charge different fees, so check with a probate administration attorney to find out the exact costs to you and your family.
How summary administration works
Typically, summary administration takes anywhere from two weeks to a month, although it may vary depending on the size of the estate. The process begins with the estate’s executor or one of its beneficiaries filing a Petition for Summary Administration. The court then reviews this petition and, if approved, issues an Order of Summary Administration, which releases the assets and property to the heirs. This tends to be much less time-intensive than the formal probate administration in Florida.
While summary administration is a good option in many situations, it might not be best when there is a possible will contest or if the estate does not have enough money to pay back all of the decedent’s creditors.
If you have questions about probate in Florida and are wondering if summary administration might be an option for you, speak with a knowledgeable attorney at the Charles Law Offices.