Summary Administration Lawyer in Fort Myers
Legal Counsel from Experienced Attorneys
In the State of Florida, there is a short form of probate available to certain estates known as summary administrations. If certain requirements are met, Summary Administration can distribute an estate’s assets quicker than any other form of probate with the intention of avoiding probate court altogether.
In order for an estate to qualify for summary administration in Florida, it must be:
- Owned by someone who passed away more than 24 months ago OR
- The Estate must be valued at less than $75,000
If you need help understanding summary administration and whether or not your loved one’s estate can qualify for it, Your Advocates can help you with all of your questions and concerns. We have been serving members of Lee County for years, specializing in probate law cases for clients of all walks of life.
Important Components of the Summary Administration Process
Based on the probate process in Florida, after you have determined if your loved one’s estate is eligible for summary administration, there are a few steps that must be taken into consideration, including:
- Petition for Summary Administration: A document that must first be signed and approved by a surviving spouse, if able, and then filed with a county clerk by an executor or inheritor.
- Validity of Claim: You will have to prove to Florida State court officials that the estate in question is even eligible for summary administration. This should be simple with an attorney’s help.
- Describing Assets: Create a list of the assets in question and their value – for larger items, such as houses or family heirlooms, an appraisal may be necessary beforehand – to be filed alongside the petition.
- Distribution: You will also have to provide a detailed summary of who you propose should inherit each asset and why. Suspicious or unreasonable claims may lead to a denial of summary administration.
- Filing Fees: As with so many government processes, you will have to pay filing fees – typically between $300 and $400– whether or not the summary administration is officially approved.
If the court ultimately approves your request for summary administration, there will not be an appointed personal representative. Instead, orders will be issued for an immediate distribution according to the petition served in the probate case. It should be noted that in most cases, it is not advisable to request a summary administration for an estate that has outstanding debts or unresolved claims. It may also not be advisable to utilize a summary procedure if there is a possibility a will is going to be contested.
Using Summary Administration with the Help of a Fort Myers Lawyer
In Florida, an estate is required to be represented by an attorney in any estate administration process. Don’t take chances with your loved one’s estates, no matter the circumstances or the value of the assets. You deserve the highest quality of representation possible.
Your Advocates can provide you with the experience, legal advice, and professional guidance you need. Contact us today for friendly, knowledgeable assistance with your probate matters. If you are an AARP member, we offer a special discount.
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