Steps in the Summary Administration Process
Probate is a court-supervised process that occurs after a person passes away so their estate can be administered and property can be distributed to beneficiaries. Many people assume that probate is a lengthy process and truthfully, sometimes it is. Many estates, though, qualify for summary administration, a process that may only take a couple of months. In order for summary administration to be possible, the total value of the estate must be less than $75,000, or the decedent must have passed away at least two years prior to the probate process. Below, our Tampa summary administration lawyer explains the steps involved.
Collect the Necessary Documents
If your loved one’s estate qualifies for summary administration, the first step is to collect all of the necessary documents. You will need the will, if your family member left it behind, as well as the death certificate. If you do not have the death certificate, you can order it from the funeral home or on the Florida Department of Health website. A Tampa summary administration lawyer can help you obtain the death certificate and advise on any other documents you may need.
File a Petition
Once you have collected all of the necessary documents, you then need to open a case in the appropriate Florida court and submit different filings. The filings you will need to submit depend on the specific circumstances but they often include:
- The petition for summary administration,
- The Notice of Filing Confidential Information,
- The Notice of Filing Death Certificate,
- Notice of Filing Original Will,
- Proof of Service of Petition for Summary Administration, and
- Petition to Admit Will to Probate.
Determining if a Homestead Property Exists
The next step in the summary administration process is to determine if a homestead property exists. A homestead property is the primary residence of the decedent that is no larger than half an acre of contiguous land within a municipality, or 160 acres within the unincorporated areas of a county. If a homestead property does exist, it can pass outside of the probate process, allowing beneficiaries who are family members to enjoy the continued benefits associated with a homestead designation.
The Notice Period
Before the probate judge issues an Order of Summary Administration that distributes property to beneficiaries or heirs, there is a notice period. During this period, notice is given to parties with an interest in the estate, including creditors. Any disputes or objections filed during this time must be settled. After the notice period expires, the judge will issue an Order of Summary Administration and the assets will be distributed according to the will or the state’s intestacy laws.
Our Summary Administration Lawyer in New Port Richey Can Help
Summary administration is somewhat easier than formal administration, but this does not mean you should go through the process alone. At Messina Law Group, P.A., our summary administration lawyer can help you collect the necessary documents and guide you through the process to make it as easy as possible for you. Call us today at (813) 492-7798 or contact us online to schedule an appointment with our knowledgeable attorney and to learn more about how we can help.
Sources:
floridahealth.gov/certificates/certificates/death/index.html
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/0733ContentsIndex.html
