Requirements for Summary Administration in Florida

Requirements for Summary Administration in Florida

In Florida, the two primary types of probate are formal administration and summary administration. Formal administration is “standard” probate where title to a decedent’s assets is cleared, and is the most common form of probate. Summary administration is a shorter form of probate, and does not require the appointment of a personal representative.

Requirements for Summary Administration

There are two ways that an estate can qualify for summary administration:

• If the value of the entire estate — minus the value of any homestead property — is less than $75,000; or
• If the decedent has been dead for more than two years.

Summary administration is not available for estates where the decedent had a will that specifically directed formal probate.

The Summary Administration Process

The summary administration process is initiated either by a beneficiary or the person named as personal representative in the decedent’s will. If there is a surviving spouse, he or she must sign and verify the petition.

The petition will include proof that the estate meets the requirements for summary administration as well as a list of assets and debts as well as a plan for distributing the estate’s assets. Once it is filed and reviewed by the court, there will be an order issued that distributes the assets to heirs immediately upon the entry of the order.

Florida Homestead Consideration

Florida law mandates that homestead property pass directly to a decedent’s heirs, but that doesn’t mean that the heirs will have clear title to that property. Before issuing a clear title, many underwriters require an Order Determining Homestead.

To obtain this order, a petition should be filed with the court in conjunction with the summary administration. Many Florida probate judges will enter an Order Determining Homestead and an Order of Summary Judgment at the same time, which will allow the process to be completed within a month or two. However, some judges may impose a three-month waiting period before issuing the Order Determining Homestead, which can delay the entire process.

To learn more about avoiding probate in Florida, contact one of the experienced Florida probate attorneys at Jurado & Farshchian, P.L., at (305) 921-0440, or email us at info@jflawfirm.com.

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