{"id":3677,"date":"2021-11-24T23:50:22","date_gmt":"2021-11-24T23:50:22","guid":{"rendered":"https:\/\/juradolawfirm.com\/?page_id=3677"},"modified":"2022-02-23T14:17:20","modified_gmt":"2022-02-23T14:17:20","slug":"summary-administration","status":"publish","type":"page","link":"https:\/\/juradolawfirm.com\/summary-administration\/","title":{"rendered":"Summary Administration"},"content":{"rendered":"\n

Summary Administration is a shortened form of Florida probate that is available only for estates that are \u201csmall\u201d \u2013 meaning they do not exceed $75,000 in value \u2013 or under circumstances where the decedent has been dead for two years or more. If the decedent died having executed a valid last will and testament that specifically instructs for the estate to go through formal administration, summary administration will not be available.<\/p>\n\n\n\n

A petition for summary administration can be filed with the probate court by any of the decedent\u2019s beneficiaries or by the person appointed as the personal representative in the will. It is important to note that all beneficiaries must be notified of the petition, and they may join in the summary administration process by signing the petition; however, this is not necessary as long as every beneficiary receives proper notice of the filing of the petition.<\/p>\n\n\n\n

In order to successfully obtain an Order of Summary Administration from the probate court, the summary administration petition must list every single one of the assets of the estate and the exact value of each and every asset. The petition must also include a schedule of all beneficiaries and a proposal for the distribution of the probate estate assets to the beneficiaries. Upon confirmation that all the requirements of summary administration under the Florida probate code have been successfully met, the court may issue an order of summary administration, authorizing the distribution of the assets to the decedent\u2019s beneficiaries.<\/p>\n\n\n\n

Just like in a formal administration, anyone seeking summary administration is obligated to diligently search for known or reasonably ascertainable creditors with interests in the estate. Such creditors should receive a copy of the petition for summary administration, and the petitioner must pay those creditors as long as there are assets available in the estate to fulfill the payments. The petitioner, however, will not be held liable on a personal level for any creditor claims beyond the value of the estate.<\/p>\n\n\n\n

After the order of summary administration is issued, any beneficiary has the option to publish a notice to creditors in a local newspaper published in the county where the estate is being administered meant to notify all potential creditors that an order of summary administration has been issued by the probate court. The purpose of this step is to protect the decedent\u2019s beneficiaries from any subsequent claims. The Florida probate code gives creditors a 3-month time limitation beginning from the date of the first publication to file claims against an estate. All creditors must file their claims against the estate with the court within that 90-day period. Any claims filed outside this period are forever barred.<\/p>\n\n\n\n

Summary Administration \u2013 Not Always the Best Choice<\/strong><\/p>\n\n\n\n

Although summary administration is far less expensive and time-consuming than formal administration, it might not be the best choice in some situations even if it is available. Some of these situations include:<\/p>\n\n\n\n