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:
- Where the person dies leaving a will, but did not direct administration
pursuant to Chapter 733, or
- 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
- 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
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.