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Summary Administration

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Summary Administration

Counsel from a Miami Probate Attorney

Summary Administration is a simplified probate proceeding that involves smaller estates. Summary administration may be had by a resident or a non-resident of the decedent's estate under any of the following circumstances:

  1. Where the person dies leaving a will, but did not direct administration pursuant to Chapter 733, or
  2. when the value of the entire estate that is subject to administration in Florida, less the value of property exempt from creditors' claims does not exceed $75,000, or
  3. when the decedent has been dead for over 2 years.

If an individual dies with $40,000 of assets that are subject to probate, summary administration can be used since the estate is small. Or, if the decedent dies with $200,000 in assets but he or she has been dead for 3 years, then summary administration can be used since more than 2 years has passed since the death.

Why Does This "Two-Year Rule" Exist?

The reason for the two-year rule is because of the limitation on claims against estates, which is covered under § 733.710 of the Florida Statutes. Under § 733.710, 2 years after someone's death, neither the decedent's estate, their personal representative, nor any beneficiaries shall be liable for any claim or cause of action against the decedent, whether or not letters of administration have been issued.

There is an exception for any creditors who have filed a valid claim pursuant to Section 733.702 within 2 years after the decedent's death, and whose claim has not been paid or otherwise disposed of under Section 733.705. For more information, don't hesitate to contact a Miami probate attorney.

over 45 years of experience in Probate

As a Miami probate lawyer with over three decades of experience, I can provide you with the information you need in order to determine whether or not summary administration is right for you. A summary administration is faster than a formal administration and generally takes from 2 to 3 months to complete versus 6 to 12 months with a formal administration.

If you are interested in petitioning for a summary administration, please contact my office to schedule an appointment and to learn what I can do to help you. I assist clients from Coral Gables to Miami.

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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Susan E. Durre - Miami Probate Lawyer
Located at 6601 SW 80th Street, Suite 121
South Miami, FL 33143.
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Phone: (305) 600-5677
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