BUSINESS LAW 101 / Summary Administration

By Albert L. Kelley

In some cases, rather than file Petition for Administration, a beneficiary can file a Petition for Summary Administration. This is an expedited process that can complete a probate in about a month rather than the full year that most formal administrations take. Summary Administration is designed for small estates or estates where the likelihood of claims is small. It is only allowed where the total amount of the estate is less than $75,000 or where the decedent has been dead for at least two years. It is a more streamlined process. Where a Formal Administration requires advertising the estate in the newspaper (more on that in a future column), Summary Administration does not (however, an ad can be run in the paper after the Order is signed, which shortens the time that claims may be filed).

The Petition for Summary Administration is very similar to that for Formal Administration. Like a Formal Administration, the Petition must starts with the Petitioner’s name, address and what type of interest they have in the estate, the Decedent’s information, a list of the names and address of any beneficiaries, why the probate is being filed in this particular county (the decedent lived there when they died, the decedent owned real property there, etc.), and a basic inventory. But then it changes. There is no request for a personal representative. Instead, the Petition must state why it is proper for Summary Administration: is the value of the estate less than $75,000 or has the decedent been dead over two years. The Petitioner still needs to make diligent search for known creditors and the Petition needs to be sent to them. Like with a Formal Administration, the Petition must state if there is a will or not. If there is a will, the original copy of the will must be filed with the Court with the Petition. An original copy of the death certificate must also be filed. Summary Administration is allowed if there is real estate involved. In fact, it is often used to clear title when years have passed since a decedent died. If the decedent has only been dead less than two years, the value of the real estate must be below the $75,000 limit.

The Judge will review the Petition and if it is legally sufficient, sign the Order of Summary Administration. Once the Judge signs the Order, a copy of the Order can be run in the newspaper. Any creditors can file claims within three months of the newspaper listing. Any claims filed after the tree month run are barred and there is no obligation to pay them.

Al Kelley is a Florida business law attorney located in Key West and previously taught business law, personnel law and labor law at St. Leo University. He is also the author of 4 law books: (“Basics of Business Law” “Basics of Florida’s Small Claims Court”, “Basics of Florida’s Landlord/Tenant Law” and “Basics of Starting a Florida Business” (Absolutely Amazing e-Books)). This article is being offered as a public service and is not intended to provide specific legal advice. If you have any questions about legal issues, you should confer with a licensed Florida attorney.

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