More on Types of Assets that must go through probate Including
- Bank Accounts
- Vehicles
- Homesteads
- Real Property
- Time Shares
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The Adams Law Firm, P.A.
FloridA Estate planning, Florida Probate & Guardianship
(407) 270-3724
Contacts
Phone: (407) 270-3724
Email: josh@joshadamslaw.com
Daytona: 140 South Beach Street, Suite 310, Daytona Beach, Florida 32114
Winter Park: 2281 Lee Rd., Suite 102, Winter Park, FL 32789
Clearwater: 235 N Garden Ave., Clearwater, FL 33755
Lake Mary: 1540 International Pkwy Ste 2000, Lake Mary, FL, 32746-5096
This probate shortcut can be used by many Florida estates. It’s an option if either:
- the death occurred more than two years ago in Florida, OR
- the value of the Florida probate estate—that’s all the property that would have to go through probate, so it excludes the nonprobate assets
- described above—is not more than $75,000.
To start this process, the person who was nominated in the will to be executor, or anyone who inherits property, files a document called a Petition for Summary Administration. The surviving spouse, if any, must sign and verify the petition. If any beneficiary doesn’t sign the petition, you must formally deliver (serve) that person with notice that you have filed the petition. (Fla. Stat. 735.201.)
In the petition, you state that the estate qualifies for Florida summary administration, list the deceased person’s assets and their value, and state who inherits which assets.
The court doesn’t appoint a personal representative (executor or administrator) for the estate. Instead, the court, if it determines that the estate qualifies for a Florida summary administration, issues an order, releasing the property to the people who inherit it. You might use this court order to show a bank, for example, that you are the rightful inheritor of the funds in an account it holds.
There are still protections for possible creditors and special pleadings that must be filed for exempt property with a summary administration. Also, you still must have an attorney for a summary administration. Still, if the estate does not have significant property, you may be able to have an experienced probate attorney handle your case for a relatively small amount of money.
The Adams Law Firm, P.A. routinely handles Florida summary administrations. Our turn around time between filing a Petition for Florida Summary Administration and receiving the necessary orders conveying property are often only several weeks. We have attorneys ready to meet with you who can file these pleadings quickly when time is of the essence. We handle cases in every county in Florida and have offices in Orlando and Clearwater.