Do I Need a Formal Administration or Can I Do A Summary Administration for My Orlando, Florida Probate Administration Case?
- April 2, 2020
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Florida Statute 732.2025 (7) defines “Probate estate” as any property wherever located that is subject to estate administration in any state of the United States or in the District of Columbia.
Florida Statute 735.201. Summary administration; nature of proceedings.
Summary administration may be had in the administration of either resident or nonresident decedent’s estate, when it appears:
(1) In a testate estate, that the decedent’s will does not direct administration as required by chapter 733.
(2) That the value of the entire estate subject to the administration in the estate, less the value of the property exempt from claims of creditors, does not exceed $75,000 or that the decedent has been dead for more than 2 years.
Florida Statute 735.301. Disposition without administration.
(1) No administration shall be required or formal proceedings instituted upon the estate of a decedent leaving only personal property exempt under the provisions of section 732.402, personal property exempt from the claims of creditors under the Constitution of Florida, and nonexempt personal property the value of which does not exceed the sum of the amount of preferred funeral expenses and reasonable and necessary medical and hospital expenses of the last 60 days of the last illness.
(2) Upon informed application by affidavit, letter, or otherwise by any interested party, and if the court is satisfied that subsection (1) is applicable, the court, by letter or other writing under the seal of the court , may authorize the payment, transfer, or disposition of the personal property, tangible, belonging to the decedent to those entitled.
Florida Statute 733: PROBATE CODE: ADMINISTRATION OF ESTATES. This Florida statutes is the law on the formal administration of an estate.
Florida Statute 733.101. Venue of probate proceedings.
(1) The venue for probate of wills and granting letters shall be:
(a) In the county in the state where the decedent was domiciled.
(b) If the decedent had no domicile in the state, then in any county where the decedent’s property is located.
© If the decent had no domicile in this state and possessed no property in this state, then in the county where any debtor of the decedent resides.
Florida Statute 733.103. Effect of Probate
(1) Until admitted to probate in the state where the decedent was domiciled, the will shall be ineffective to prove title to, or the right to possession of, property of the testator.
If you have more questions regarding a Probate Administration matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation. You may also visit my website at: https//:www.AnnMarieGildenLaw.com
This article is for informational purposes only; and it does not form an attorney client privilege.