Many Floridians don't realize that a family member or other interested person is allowed to settle an estate. It is a myth that an attorney must be involved in every estate. If an estate is small enough to qualify for the Summary Administration of Estate process; or is even smaller and qualifies for Disposition without Administration a family member or personal representative may be able to handle the paperwork pro se.
It is common for someone to pass away owning property in Florida, such as a second home or timeshare. Their primary estate may have already been settled in their home state, but the family then discovers that in order to sell or use the property in Florida they must go through probate in Florida. In our current depressed real estate market many second homes are valued well under $75,000. which allows an estate to be probated through Summary Administration of Estate.
Is there a will? Is the will self-proved?
If the decedent left a proper will or if there is no will but there is a surviving spouse, the paperwork is fairly straightforward. It is important to determine early on whether the will, if there is a will, was properly made – is self-proving. In Florida there is a separate document that is required, and nowadays is usually created at the same time as was the will, called a Self-Proving Affidavit. This affidavit is usually attached to the will at the time of signing and they are kept together until needed. The Self-Proving Affidavit verifies the validity of the will, and the identity of the witnesses.
Summary Administration of Estate
Summary Administration of Estate is generally available only if the value of the entire estate is valued at less than $75,000; and if the decedent’s debts are paid. The summary administration process is also available if the decedent passed away more than two years prior to filing the Petition for Summary Administration.
Florida Statute 735.203
(1) A petition for summary administration may be filed by any beneficiary or person nominated as personal representative in the decedent’s will offered for probate. The petition must be signed and verified by the surviving spouse, if any, and any beneficiaries except that the joinder in a petition for summary administration is not required of a beneficiary who will receive a full distributive share under the proposed distribution. However, formal notice of the petition must be served on a beneficiary not joining in the petition.
Despite the plain language of the above statute some clerks of court and even some judges are adamant that a Petition for Summary Administration of Estate must be signed and filed by an attorney.
Disposition Without Administration
An alternative to the summary administration process is "Disposition
Without Administration." To use this process, the value of the estate
may not exceed the total of funeral expenses; the amount
of all reasonable and necessary medical and hospital expenses incurred
in the last 60 days of the decedent’s final illness; and the value of exempt personal property.
735.301 Disposition without administration.—
(1) No administration shall be required or formal proceedings instituted upon the estate of a decedent leaving only personal property exempt under the provisions of s. 732.402, personal property exempt from the claims of creditors under the Constitution of Florida, and nonexempt personal property the value of which does not exceed the sum of the amount of preferred funeral expenses and reasonable and necessary medical and hospital expenses of the last 60 days of the last illness.
(2) Upon informal application by affidavit, letter, or otherwise by any interested party, and if the court is satisfied that subsection (1) is applicable, the court, by letter or other writing under the seal of the court, may authorize the payment, transfer, or disposition of the personal property, tangible or intangible, belonging to the decedent to those persons entitled.
(3) Any person, firm, or corporation paying, delivering, or transferring property under the authorization shall be forever discharged from liability thereon.
For document preparation assistance for Summary Administration of Estate please visit our Document Preparation Services page. Or call: 800-515-0496.