Probate Law: An Overview of Summary Administration in Florida
Probate is the process through which a person’s estate is finalized. As it can be long and complicated, many people try to set up their estate in a manner that avoids probate—or at least limits their exposure to it. Notably, not every estate in Florida has to go through formal probate. Smaller estates may be eligible for an alternative process known as summary administration. Here, our St. Petersburg probate lawyer provides a guide to summary administration in Pinellas County.
What is Summary Administration?
Broadly defined, summary administration is an alternative to probate in Florida that is an option for qualifying small estates. It is a simplified process that can allow for a quicker, more straightforward finalization of an estate. Unlike formal administration (traditional probate), summary administration does not require the appointment of a personal representative. Instead, the court issues an order directly distributing the decedent’s assets to the rightful beneficiaries. The process is governed by Florida Statutes Chapter 735 and Florida Probate Rule 5.530.
The Benefits of Summary Administration
Why do people opt to use the summary administration process instead of probate when it is available? The short answer is that it can offer several different advantages, including:
- Expedited Process: Speed matters. Summary administration typically is resolved within one or two months. In contrast, formal probate can take six months, twelve months, or more.
- Cost-Effective: Summary administration can save money. There are lower court fees and legal expenses due to reduced procedural requirements.
- No Personal Representative Required: In Florida, the summary administration process eliminates the need for appointing an executor.
- Less Stress for Families: The faster, more efficient nature of summary administration often helps to take the emotional burden off of families during a difficult time.
Eligibility Requirements for Summary Administration in Florida
To be clear, summary administration is not an option for every estate in Florida. An estate may qualify for summary administration if the total value of the decedent’s probate assets—excluding exempt property—does not exceed $75,000.
Limitation: If there is a serious dispute over the estate, then summary administration may not be appropriate in Florida even if the estate is valued at less than $75,000.
Who Files for Summary Administration?
Under Florida law (Florida Statute § 735.203), the petition for summary administration can be filed by any beneficiary or any person nominated as personal representative in the decedent’s will. Notably, the petition must be signed and verified by the surviving spouse, if any, and all beneficiaries who are not receiving their full distributive share must be formally notified that the summary administration process is being used to handle the estate.
Contact Our St. Petersburg, FL Probate Lawyer Today
At Fisher & Wilsey, P.A., our St. Petersburg probate attorney has the skills and experience that you can trust. If you have any specific questions or concerns about summary administration, we can help. Please call us now or contact us online for a fully confidential, no obligation consultation. We provide probate law representation in Pinellas County and throughout the surrounding region.
Source:
leg.state.fl.us/STATUTES/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0735/Sections/0735.203.html
