When someone passes away, his (or her) affairs must be settled and assets distributed. This must be done in an orderly fashion according to Florida probate law. Depending on the size of the estate and a few other factors, there are different ways to settle an estate. Formal administration is the longer more complex process, while summary administration is the shorter process, generally reserved for smaller estates that are not likely to have complications. In either case, the ultimate result is for the decedent’s assets to be distributed to his (or her) beneficiaries or heirs based according the requirement of the decedent’s will and Florida law. To learn more about the summary administration process, including the requirements of Florida Statutes, section 735.206- Summary administration distribution, contact a skilled Fort Lauderdale estate administration lawyer at the Law Offices of Stephen Bilkis & Associates. We have the experience, skill, and knowledge to ensure that your legal rights are protected throughout the administration process.
Summary AdministrationSummary administration is a streamlined estate administration process that allows an estate to be settled and assets distributed in a very short time period as compared to formal administration. A decedent’s estate can qualify for summary administration if the value of the decedent's Florida probate property does not exceed $75,000, exclusive of the value of the decedent's protected homestead real estate. A decedent’s estate will also meet the requirements for Florida summary administration if the decedent has been dead for more than two years. If this is the case, the value of the estate is irrelevant.
Order of Summary AdministrationWith summary administration, assets can be distributed only after the probate court issues an order of summary administration. It is important to understand that the court will not allow assets to be distributed based on an invalid will. Under summary administration, if there is a will, it must be proved in the same manner as a will must be proved under formal administration. In addition, before an order of summary administration will be issued, the petitioner is required to make a diligent search and reasonable inquiry for any creditors. He (or she) must then serve a copy of the petition on those creditors. Finally, the petitioner must pay the creditors.
Under FL. Stat, section 735.206- Summary administration distribution, once an order of summary administration has been entered by the probate court, immediate distribution of assets is allowed. It also means that the beneficiaries are entitled to receive the specific parts of the decedent’s estate to which they are entitled. And, have the right to enforce their right to such property. In addition, bona fide purchasers from distributees of property of the estate shall take the property free of all claims of creditors of the decedent. On the other hand, each distributee of the decedent’s property under the order of summary administration are personally liable for a pro rata share of all lawful claims against the estate of the decedent to the extent of the value of the property received by the distributee.
As an experienced estate administration attorney in Fort Lauderdale will explain, it is critical that the petitioner take care to identify all heirs of a decedent, as under Florida law any heir of a decedent who was entitled to a share of the estate, but was not included in the order of summary administration and did not receive ad distribution, has the right to file a claim against the petitioner who procured the order.
Formal AdministrationFormal administration is the estate administration process that involves the appointment of a personal representative who, while accountable to the probate court, is responsible for managing the activities required to settle the decedent’s estate and distribute assets. While many of the activities of formal administration are the same as during summary administration, the process tends to be more complex, more costly, and longer.
The personal representative must take control of the estate assets and inventory them in order to determine the value of the estate. Next the personal representative must notify creditors and review claims filed against the estate. Valid claims must be paid and other claims must be disposed of appropriately. After debts and expenses must be paid, the personal representative will transfer estate assets to the appropriate people.
Throughout the administration process there may be claims filed against the estate, will disputes, and other forms of estate litigation. Typically the process takes up to a year. If there are complications such as prolonged estate litigation, the process could take significantly longer. On the other hand, summary administration is designed to avoid the complications that can plague estates that go through formal administration.
Disposition Without AdministrationAs a skilled Fort Lauderdale estate administration lawyer will explain, in addition to formal administration and summary administration, there is a third option for settling an estate called “Disposition Without Administration." This option is typically used for estates that are very small. For example, it is used when all the decedent's assets are either exempt from creditor claims or the value of the probate assets does not exceed the funeral expenses and medical expenses related to the decedent's final illness if any. Furthermore, the estate cannot include real estate.
Related Statutory Provisions