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Summary AdministrationMany Floridians don't know 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. 
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 now 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 EstateSummary 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 has been dead for more than two years and there has been no prior administration. Florida Statute 735.203 Petition .—(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. Disposition Without AdministrationAn 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 $6,000 in funeral expenses; and the amount of all reasonable and necessary medical and hospital expenses incurred in the last 60 days of the decedent’s final illness. |
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