01 Dec Summary Administration
Summary administration is faster, cheaper, and less involved than formal administration, and should generally be used whenever circumstances allow. In order to qualify for summary administration, an estate must contain less than $75,000 in non-exempt assets OR belong to a decedent that passed away more than two years ago.
In analyzing the $75,000 threshold for summary administration eligibility (which only applies to decedents which died within the last 2 years), exempt property is not counted. This means that if a decedent had a protected homestead property and two personal vehicles in addition to a bank account containing $74,000, the estate would qualify for summary administration, because the only non-exempt asset is worth less than $75,000. When a decedent passed away more than two years ago there is no limit on the value of the assets that can be transferred through summary administration.
The process of summary administration is more simple than that of formal administration, happens faster, and costs less money. A Petition for Summary Administration is filed with the court, and interested parties are provided formal notice of the proceeding via certified mail. Those parties include beneficiaries/heirs and known creditors, and in the case of unmarried decedents over the age of 55, the Agency for Health Care Administration. When those parties receive notice via certified mail, they have 20 days to object to the petition. Parties may elect to sign waivers agreeing to the probate proceeding, in which case the 20 day waiting period can be avoided.
Most counties additionally require an “affidavit of heirs” from the petitioner listing all relatives of the decedent. Some counties additionally require an “affidavit of criminal history.” When the court has received all required pleadings and is satisfied that the proper parties have received notice, the judge will issue an “Order of Summary Administration,” a legal document which officially transfers possession of the property of the decedent. The rules for summary estate administration are found in Chapter 35 of the Florida Statutes.
The downside of summary administration is that it cannot be used to probate large estates belonging to decedents who passed away within the last two years, and does not allow for the appointment of a personal representative to facilitate legal and business dealings on behalf of the estate.
If you have lost a loved one who either was a resident of, or owned property in the the State of Florida, and need assistance with Florida Probate, CLICK HERE, to schedule a consultation with a Florida Probate Attorney.
We serve clients throughout Florida, including, but not limited to, those in the following localities: Alachua County including Alachua, Archer, Gainesville, Hawthorne, High Springs, and Newberry; Bay County including Panama City
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