When does summary administration apply in Florida?

Probate can be lengthy and costly, usually varying depending on the estate, its details, and its value. However, in some scenarios, the estate can skip probate and qualify for less formal alternatives that may become applicable according to the circumstances. One of these options is summary administration, which can be a typical approach in Florida.

How to qualify

The state provides multiple alternatives to probate. But for summary administration, there are specific conditions that should apply before determining an estate’s eligibility:

• The estate’s value does not exceed $75,000
• The deceased has no outstanding debts
• The deceased’s creditors have no objections to the estate going through this process

Additionally, this method may apply if it has been over two years since the deceased’s passing and the estate hasn’t gone through any legal procedures. It may seem ideal, considering it can be simpler than probate, but there are some risks based on the circumstances.

For this alternative, the inheritors or beneficiaries can remain vulnerable to claims against the deceased for two years after death. If the deceased has unknown or unsettled issues, the heirs who received assets and properties from the estate may become liable. These risks may apply from case to case, considering the deceased’s circumstances shortly before death.

Understanding other probate alternatives

Other options, such as disposition without administration, can also become applicable based on the estate’s details. Still, these methods might not be viable if the estate is significant in value. In these instances, creating a comprehensive estate plan can be beneficial to avoid probate or enforce the deceased’s preferences long after they’ve passed. The appropriate components to include in a plan can also vary, so seeking legal counsel can be vital before choosing the appropriate legal arrangements.