DAVID A. SILVERSTONE
FLORIDA PROBATE AND ESTATES LAWYER.
What is Summary Administration?
Summary administration is a simplified form of probate administration. In order to file a probate as a summary administration, the value of the decedent’s non-exempt property must be valued at $75,000.00 or less; OR the decedent must have been dead for more than two years, regardless of the value of the property.
Please note that in Florida a persons’s primary residence, called “homestead”, is EXEMPT property for probate purposes, and therefore it is NOT included in calculating the value of an estate. A person can die with a home worth $300,000.00, and $75,000.00 in a bank account, and still qualify for summary administration, if that home was their homestead.
Summary administration is a less complicated procedure than formal administration. There is no personal representative. There are fewer documents which must be filed, and has fewer steps compared to formal administration.
Although the law does not require a the hiring of lawyer for a summary administration, it is best to have one, since the process can be confusing and burdensome for someone who is not accustomed to doing them.