When is a Florida Summary Administration Appropriate?
- January 11, 2019
- ontarget
- Probate
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Summary Administration is a form of Florida probate that does not require the appointment of a Florida Personal Representative. A Florida Summary Administration typically takes less time, and expense than a Formal Administration.
Pursuant to Florida Statute 735.201, for an estate to qualify for Summary Administration in Florida, it must meet the following qualifications:
(1) That the value of the entire estate subject to administration in Florida, less the value of property exempt from the claims of creditors, does not exceed $75,000; or
(2) The decedent has been dead for more than 2 years.
However, even if the estate meets one or both of the above requirements, Summary Administration is unavailable if the decedent had a Last Will and Testament that specifically directs Formal Probate. This is one of the many reasons that you should seek an experienced and knowledgeable Florida Estate Planning and Probate Attorney to assist you preparing your Estate Planning Documents and to assist you in determining whether Summary or Formal Administration is appropriate.
Similar to Formal Administration, a Florida Summary Administration starts with filing a petition in court. The petition for Summary Administration may be filed by any beneficiary, or by a person designated as a Personal Representative by the decedent’s Last Will and Testament. If there is a surviving spouse, the petition must be signed and verified by the surviving spouse.
Pursuant to Florida Probate Rule 5.530, the following information must be included in the Petition:
(1) A statement of the interest of each petitioner, each petitioner’s name and address, and the name and office address of each petitioner’s attorney;
(2) The name, last known address, social security number, and date and place of death of the decedent, and the state and county of the decedent’s domicile;
(3) So far as is known, the names and addresses of the surviving spouse, if any, and the beneficiaries and their relationship to the decedent and the date of birth of any who are minors;
(4) A statement showing venue;
(5) A statement whether domiciliary or principal proceedings are pending in another state or country, if known, and the name and address of the foreign personal representative and the court issuing letters;
(6) A statement that the decedent’s will, if any, does not direct administration as required by Chapter 733, Florida Statutes;
(7) A statement that the value of the entire estate subject to administration in this state, less the value of property exempt from the claims of creditors, does not exceed $75,000, or that the decedent has been dead for more than 2 years;
(8) A description of all assets in the estate and the estimated value of each, and a separate description of any protected homestead and exempt property;
(9) A statement either that all creditors’ claims are barred or that a diligent search and reasonable inquiry for any known or reasonably ascertainable creditors has been made and one of the following:
(i) A statement that the estate is not indebted.
(ii) The name and address of each creditor, the nature of the debt, the amount of the debt and whether the amount is estimated or exact, and when the debt is due. If provision for payment of the debt has been made other than for full payment in the proposed order of distribution, the following information must be shown:
(a) The name of the person who will pay the debt.
(b) The creditor’s written consent for substitution or assumption of the debt by another person.
(c) The amount to be paid if the debt has been compromised.
(d) The terms for payment and any limitations on the liability of the person paying the debt.
(10) In an intestate estate, a statement that after the exercise of reasonable diligence each petitioner is unaware of any unrevoked wills or codicils;
(11) In a testate estate, a statement identifying all unrevoked wills and codicils being presented for probate, and a statement that each petitioner is unaware of any other unrevoked will or codicil; and
(12) A schedule of proposed distribution of all probate assets and the person to whom each asset is to be distributed.
The assets of the estate are immediately distributed to beneficiaries and creditors upon the entry of the order admitting the estate to probate.
If the decedent in a Summary Administration has been dead for more than two (2) years, creditor claims are barred, unless the appropriate and proper legal proceedings have been taken for the enforcement of the claim by the creditors against the decedent’s estate.
However, if the decedent has not been dead for two (2) years, any legitimate creditor claims must be resolved and disposed of prior to the entry of an Order of Summary Administration. Pursuant to Florida law, the petitioner in a Summary Administration proceeding is required to “make a diligent search and reasonable inquiry for any known or reasonably ascertainable creditors, serve a copy of the petition on those creditors, and make provision for payment for those creditors to the extent that assets are available.”
If the decedent owned a home in Florida that was their primary residence and designated as homestead property by the property appraiser, the appropriate Florida homestead laws must be taken into consideration. A Florida homestead is considered to be a special asset. It passes automatically by operation of law to a decedent’s heirs. An Order Determining Homestead must be entered in the Summary Administration before a clear title can be obtained. You definitely should seek the advice of a knowledgeable and experienced Florida Probate Attorney to assist you with this issue.
A separate process to determine homestead must be brought along with a Florida Summary Administration. This process may affect the timeline of how long the Summary Administration will take. Some Florida judges may enter an Order Determining Homestead simultaneously with the Order of Summary Administration. However, other judges, may require a waiting period before issuing the Order Determining Homestead, this is typically ninety (90) days.
The value of a Florida homestead property is not considered as part of the value of the estate for purposes of determining whether the estate meets the $75,000.00 statutory limitation. If the decedent had a Will, then on the filing of the Petition for Summary Administration the decedent’s Will must be filed in order that it be proved and admitted to probate.
To learn more about this or other Probate matters, you should seek the assistance of an experienced and knowledgeable Florida Probate Attorney to assist you. To discuss this matter, or Guardianship matters, please contact Ann Marie Gilden, Esquire of Ann Marie Giordano Gilden, P.A. at (407) 732-7620, and visit my website at www.AnnMarieGildenlnaw.com.
This information is provided only as educational materials, and does not constitute the providing of legal advice, and does not create any attorney client relationship.