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When someone dies, no one else has the right to access most of that property until the estate is probated. Depending on the date of death and the value of the decedent’s property, a family can often take advantage of summary probate administration in Little Gables. This is a simpler process than formal probate administration and can give heirs access to the decedent’s property within a few months, in many cases.

Talk to a probate attorney if your family needs help with probate matters. We will determine whether the estate qualifies for summary probate administration, and if so, we can assist you throughout the process.

When Is Summary Administration Available?

Florida Statutes § 735.201 says that summary probate administration can be appropriate when an estate’s value is less than $75,000. This simplified form of probate is also possible when a decedent has been dead at least two years, regardless of the value of their estate. After two years, the statute of limitations for collecting debts has passed, so the estate can be managed without taking the steps necessary to notify and pay creditors.

Even people with significant wealth might qualify for summary administration depending on the form of their wealth. Their home passes to a surviving spouse or child, and its value does not count toward the estate; although, when the home is surrounded by significant acreage, the value of the lot might count toward the estate. Other property that is excluded from the value of the estate includes property that:

  • The decedent held jointly with someone else;
  • Has a named beneficiary;
  • Is held in a trust.

A Little Gables attorney will carefully review an inventory of the decedent’s property to determine whether summary probate administration is possible.

However, even when the value of an estate falls within the threshold, a family still might have to go through formal probate administration if the decedent had debts and not enough cash to pay them. When a decedent’s property must be sold to pay their debts, the estate cannot use summary administration.

Opening the Summary Administration Process

When it appears that an estate qualifies for summary administration, an interested party files a petition in the Probate Court. The interested party is usually a family member but could be the executor of the decedent’s will, if one exists.

The petition must include a death certificate proving the decedent has been dead for at least two years, or an inventory showing that the estate’s value does not exceed $75,000. When the value of a homestead and exempt property has been deducted to reach the $75,000 threshold, the petition must include declarations disclosing the homestead and exemptions. It also must include a plan for paying any debts and distributing the decedent’s remaining assets.

The court will hold a hearing to ensure that the estate qualifies for summary administration, and a Little Gables attorney can ensure the court receives all the appropriate documentation.

Advantages of the Simplified Process

Families who can take advantage of summary administration are usually wise to do so. Estates that must go through formal administration usually do not close for at least a year or more. Summary administration can be complete within a few weeks or months.

The summary administration process is far less expensive than formal probate administration. There is no personal representative to pay, court filing fees are usually reduced, and there is usually no need to hire accountants, appraisers, or other experts.

The family will also save on legal fees by using the summary probate administration process in Little Gables. An attorney can advise the family or interested party, and help them prepare the petition, but that limited engagement is usually all that is needed to carry out summary administration.

Contact a Little Gables Attorney About Summary Administration Today

Dealing with estate issues after someone dies can seem overwhelming. The summary administration process is a simpler, faster, and less stressful alternative. However, most families will need to work with a lawyer to determine whether an estate qualifies.

At The Florida Probate & Family Law Firm, we offer free case evaluations. Schedule a conversation with a member of the team today about summary probate administration in Little Gables.

The Florida Probate & Family Law Firm N/a
The Florida Probate & Family Law Firm N/a
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