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Is There a Fast Way Through Probate?

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Is There a Fast Way Through Probate?

Florida law does offer a short form of the probate process for certain estates, called Summary Administration.

To qualify for Summary Administration, the estate must either:

  1. have assets that after deducting the value of property exempt from creditor's claims, does not exceed $75,000.00 in value, or
  2. The decedent has been dead 2 or more years, and
  3. If there is a will, it does not direct formal administration (the usual process).

With Summary Administration, you file a Petition for Summary Administration which describes all the assets in the estate and to whom each will be distributed (as provided in the will or by intestate statute).

If the deceased person has been dead for 2 or more years, all creditors claims are barred.

If the deceased person died less than 2 years ago, you may elect to publish Notice to Creditors (which will bar creditors who do not file a claim) or assume responsibility for paying the creditor up to the value of the property received.

The Petition for Summary Administration is filed together with the paid funeral bill, the paid hospital bill if applicable, and the Order of Summary Administration. If the deceased person left a Last Will and Testament, you would obtain an Order Admitting Will to Probate. When you receive the Order of Summary Administration, it is finished.

For assistance with probate administration or estate planning, do not hesitate to contact me.

Categories: Probate

Frequently Asked Questions

Does everyone have to go through probate? Unless an estate is worth less than $75,000, formal administration, or regular probate, is necessary. There are ways to avoid the probate process , such as setting up revocable trusts or gifting a certain amount of money or assets to beneficiaries while you are still alive.
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