When a person passes away, their estate goes through a drawn-out process known as probate. It can take months to identify the beneficiaries, deal with claims, and provide the heirs with their intended inheritance. Florida law provides for a simplified process that takes far less time compared to the standard approach, known as summary probate.
If you have questions about summary probate administration in Pinecrest, now is the time to ask. This process can move much quicker than traditional probate, but not every estate qualifies. Let a dedicated probate law attorney help you review your options.
Understanding Summary Probate Administration
In Pinecrest, summary probate administration is a shortened version of the traditional process. It provides heirs of smaller estates with the chance to secure their inheritance without extensive delays after the death of a loved one. Although this approach may be informal, there is still an opportunity for the judge to address serious matters related to the creditor’s rights or the authenticity of a will.
The first step is to submit the formal petition with the court. Under the law, this petition must be signed by the surviving spouse, if one exists. It must also contain important information that will allow the court to proceed. This includes details about a last will and testament, assuming one exists. It should also spell out any potential heirs, creditors, and a list of assets.
If there is a will in place, the court will first authenticate it before proceeding. Once the will is authenticated, or it is determined there is not one in place, the judge will review the assets of the estate and pay off any creditor claims.
Once these issues are resolved, it is time to distribute the assets to the named beneficiaries. This is handled directly by the court, which is a major deviation from the formal approach. In a typical probate case, the court will appoint a personal representative to hand out the remaining assets to the beneficiaries and pay creditors.
Who Qualifies for Summary Administration?
There are few downsides to this approach, so it should come as no surprise that it is not an option for everyone. The law provides specific circumstances that allow for summary probate administration in Pinecrest. These factors can include the amount of time that has passed, as well as the size of the estate in general.
First and foremost, summary administration is always available if more than two years has passed since a person’s death. The idea is that if a creditor has not brought a claim by now, the odds of a dispute are low. An estate of any size can pursue this option if enough time has passed.
When less than two years have passed, the only viable option involves estates with a total value of less than $75,000. It is important to note that not all assets owned by a person at their passing qualify as part of the estate. That means someone with substantial wealth might still go through this process if few assets are actually part of their probate estate.
Talk to a Lawyer in Pinecrest About Using Summary Probate Administration
If you believe your loved one’s estate could qualify for summary probate administration in Pinecrest, we recommend you call us to determine what to do next. Contact us today for a free case evaluation with The Florida Family & Probate Law Firm.