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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

Why should I create a trust? You should create a trust for multiple reasons. Trusts can help you avoid certain types of taxes. If you create an irrevocable life insurance trust, for example, protects your death benefit proceeds from estate taxes. You may also be able to avoid the probate process by keeping certain property out of your estate. You can create certain conditions and terms for trusts, in order to protect your estate, as well. You can also leave money for charities and institutions in a trust, along with fund your child or grandchildren's education.
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Susan E. Durre - Miami Probate Lawyer
Located at 6601 SW 80th Street, Suite 121
South Miami, FL 33143.
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