Explore the ins and outs of Summary Administration under Florida Probate Rules with our team at The Wheeler Firm. In this guide, we will help simplify the process for estates qualifying for this expedited option and how we can help you navigate it. Contact our team today to ensure your case is handled with professionalism and care.

 

What Is The Summary Administration?

Summary administration is one of two options under the Florida Probate Rules, catering only to estates with less than $75,000 of non-exempt assets or for descendants who have been deceased for more than 2 years. Exempt property under this category includes the decedent’s homestead, two vehicles, and any household furnishings and appliances up to $20,000.

 

The Role Of A Personal Representative And Homestead Consideration

A personal representative is not required to distribute the decedent’s assets or satisfy any claims from creditors, streamlining the estate administration process significantly for eligible estates. If the decedent owned a homestead, a proceeding to determine the homestead is required to be brought at the same time as the Petition for Summary Administration. This ensures the proper handling of such a significant asset.

 

Initiating the Summary Administration Process

The process commences with the depositing of the decedent’s will at the court, accompanied by a Petition for Summary administration. This petition is crucial and must be filed in the county where the decedent resided or owned property if they were not a Florida resident.

 

Requirements for a Petition for Summary Administration

A Petition for Summary Administration requires specific information, such as a list of the assets and their values, a certification of diligent search and inquiry as to any known or reasonably

ascertainable creditors of the deceased, and a plan for the distribution of those assets. The petition must be signed by the surviving spouse, if there is one, and other beneficiaries unless they are to receive their entire share.

 

Notice to Creditors, Claims Against the Estate, and Finalization

A Notice to Creditors should be published. Once proof of publication has been filed with the court, any claims from creditors who are not known will be barred unless they have been brought within three months of the publication. Alternatively, a petitioner may file an Affidavit taking on any liability for claims that have been brought before the two-year limitation on claims.
If the court finds the Petition to be proper, assets may be distributed, and the estate closed through a Summary Administration Order, marking the end of the process.

Legal Assistance for Summary Administration

If you need representation in a Florida Summary Administration case, our team at The Wheeler Firm can help. Contact one of our offices in Okaloosa or Walton County today to schedule a consultation, and a member of our firm would be happy to help you through the estate administration process.

Contact Us Today!