What is a formal administration in Florida?
In Florida, a formal administration probate is the most common way that a decedent’s larger estate is administered to beneficiaries. A summary administration is a shortened form of probate in this state that does not require the court to appoint a personal representative.
What is summary administration in Florida?
Summary Administration in Florida is a simplified probate process used to provide efficiency in small estates and when the person has been dead for over two years and all creditors of the deceased are barred.
When does summary administration apply in Florida probate?
Summary Administration in Florida is a simplified probate process used to provide efficiency in small estates and when the person has been dead for over two years and all creditors of the deceased are barred. When does Summary Administration apply in Florida?
What are the rules for summary administration in Florida?
The probate rules require that the petition include facts showing that the estate is eligible for summary administration, a list of assets and their values, certain information about the estate’s debt, and a plan for distributing the assets.
Can a homestead order be entered in probate in Florida?
If the decedent owned a Florida homestead, a separate proceeding to determine homestead must be brought along with a Florida summary administration. This can affect the timeline in some Florida counties. Most Florida probate judges will enter the Order Determining Homestead at the same time as the Order of Summary Administration.
How much does a Miami probate attorney charge?
Most Miami probate attorney charge between $250 an hour to $450 an hour depending on the experience of the probate attorney. Summary Administration takes a lot less time than a formal administration. Typically, all the documents needed like the Petition for Summary Administration are filed in one batch.
How long does it take for a summary administration in Florida?
Generally speaking, on the low end, Florida probate summary administration may be completed in just 4 to 6 weeks . This is possible when the parties of the estate are readily available to sign the Summary Administration Petition. On the high end, summary administration can stretch out to four months or longer.
What are the Florida probate rules?
The Florida probate rules state that an interested person has 30 days to object to a Final Accounting and Petition for Discharge after the documents have been served. However, a simple broad objection will not work.
What is summary probate in Florida?
Summary Probate Administration in Florida. Florida probate law provides for a form of probate procedure that results in the disposition of a decedent’s assets without the necessity for lengthy or costly court proceedings. This process is known as summary administration.
Can a will be admitted to probate in a Florida?
If the will is validly executed and has been admitted to probate in the court of another state, territory, or country, the will can be admitted in Florida. Under Florida Probate Rule 5.470, if the will complies with the admission requirements for admission into Florida, then the will shall be admitted into probate in Florida.