Summary Administration Probate in Florida

When Complexity Calls for Expertise

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About Probate

Summary Administration Probate in Florida

Probate Lawyers in Lakeland Florida. We Provide experienced Summary Administration Legal Services in Polk County, Central Florida and the entire State of Florida.

Call 863.250.2990 today to schedule a Free Consultation with our skilled Probate & Summary Administration attorneys.

Navigating the intricacies of probate requires experienced guidance. We are here to offer guidance and assistance during this difficult period, making sure your family member’s assets are managed carefully and promptly.

50+ Years of Summary Administration Probate Experience

With over 50 years of combined legal experience, MTM Law Firm expertly guides you through Florida’s streamlined summary administration process, easing the burden of settling the deceased person’s estate.

Our compassionate probate attorneys provide personalized attention and transparent communication, ensuring your loved one’s wishes are honored while navigating the complexities of Florida law, including handling creditors’ claims and the distribution of personal property.

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Summary Administration

What is Summary Administration in Florida?

In Florida, summary administration is a simplified probate process created to promptly finalize modest estates or estates of individuals who have passed away more than two years ago.

It’s a faster, less complex alternative to formal administration, offering a simplified path for transferring assets to beneficiaries.

This form of probate is perfect when the entire value of the probate estate, not including exempt assets such as homestead property, is under $75,000 or if the deceased has passed away for more than two years.

Why Choose Summary Administration Probate in Florida?

Streamline the probate process in Florida with summary administration, a quicker alternative for qualifying estates.

Speed and Efficiency

In comparison to the more complex Formal Administration process, Summary Administration in Florida can be completed in a matter of weeks. This is particularly helpful for families who need to settle matters quickly and avoid the long duration associated with formal probate.

Lower Costs

Because Summary Administration requires fewer court filings and procedural steps, it is often a more affordable option. MTM Law Firm will guide you through the process, ensuring that you only pay for the essential services you need.

No Personal Representative Needed

Unlike Formal Administration, which appoints a Personal Representative to handle the estate, Summary Administration distributes assets directly. This eliminates the need for ongoing management, making it a straightforward process for eligible estates.

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Summary Administration

Summary Administration Probate Challenges to Consider

Summary Administration may not be appropriate for every estate, particularly those with significant creditor claims or complex legal issues. If creditors are owed, notice must be given, and unknown creditors have a limited window to file claims.

At MTM Law Firm, we are well-versed in Florida’s probate statutes and will ensure that all creditor issues are handled properly, protecting the estate from any future complications.

If you have questions about Probate and Summary Administration issues, don’t wait—make sure your legal rights are protected. Call 863.250.2990 today to schedule your Free Consultation with our Probate attorneys.

If you are wondering where to find a Probate Summary Administration Lawyer near me in Lakeland, FL and throughout the State of Florida, The MTM Law Firm PLLC is the Law Firm to call. We have a combined 50 years experience in Probate and Summary Administration legal matters.

Attorneys

Matthew T. Morrison

A graduate of Jones Law, he is our team lead for the probate department and case management. He is the one to establish the plan in court.

Carlos E. Carrillo

A graduate of St Thomas Law, Carlos is head of client management and client relations. He is the master of what happens out of court.

Dennis Ross

A graduate of Cumberland School of Law, Dennis serves as of counsel bringing legislative experience from his tenure as U.S. Congressman.

Get Started

Contact us and get a free consultation in our offices

Free Consultation

Your Summary Administration Journey with MTM

STEP ONE:

Comprehensive Consultation & Qualification Assessment

We start by offering a free consultation to assess your specific situation. We’ll meticulously review the details of the estate, identify any potential complexities, and confirm if summary administration is the optimal path forward.

STEP TWO:

Efficient Document Preparation & Filing

Leveraging our expertise in Florida probate law, we’ll meticulously prepare the necessary petition for summary administration and supporting documentation. We’ll then file these documents with the appropriate Florida court, ensuring compliance with all statutory requirements.

STEP THREE:

Court Approval & Swift Asset Distribution

Upon court approval of the petition, we’ll guide you through the final stages of summary administration. This includes addressing any creditor claims, facilitating the transfer of assets to beneficiaries, and obtaining the final order of summary administration, closing the estate efficiently.

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Client Reviews

Why Choose MTM Law Firm for Summary Administration?

Expert Preparation and Filing of the Petition

We’ll meticulously prepare the petition for summary administration, ensuring it meets all the requirements of the Florida Probate Code and is filed correctly with the court.

Efficient Creditor Notification and Resolution

We’ll handle the formal notice to known creditors, diligently addressing any claims and ensuring they are resolved in accordance with Florida law.

Seamless Asset Distribution

Our team will work closely with you to ensure the smooth and timely transfer of assets to the beneficiaries, minimizing delays and potential disputes.

Unwavering Compliance with Florida Statutes

We stay up-to-date with the latest Florida probate rules and statutes, including Fla. Stat. 735.2063, to ensure your case is handled with the utmost accuracy and compliance.

If you have questions about Probate or Summary Administration issues, call 863.250.2990 today to schedule your Free Consultation with our Probate attorneys.

When it comes to settling a loved one’s estate in Florida, you need a legal team that combines experience, efficiency, and compassion. At MTM Law Firm, we’re dedicated to providing exactly that.

Our attorneys possess a deep understanding of Florida probate law and a proven track record of guiding clients through the summary administration process with ease. Here’s how we can assist you:

Frequently Asked Questions Regarding Summary Administration

What are the requirements for an estate to qualify for Summary Administration in Florida?

Summary administration is an expedited probate process available for certain small Florida estates. To qualify, an estate must meet one of two primary conditions outlined in Florida Statute §735.201. The first condition is that the date of death occurred more than two years before the filing of the petition for administration. If the two-year period has passed, the estate qualifies regardless of its total value, as all creditor claims are then legally barred. The second, more common, condition is that the total value of the estate’s non-exempt assets must not exceed $75,000. This asset valuation specifically excludes the value of property that is exempt from creditors, such as homestead real property. A petition for Summary Administration must be signed by the surviving spouse, if any, and all beneficiaries unless they are receiving their full inheritance. For estates filed within two years of death, the petitioner must make a diligent search for all known or reasonably ascertainable creditors. The petitioner must then certify that the estate is not indebted or that sufficient provision has been made for the payment of any valid debts. Once the court is satisfied the requirements are met, it issues an Order of Summary Administration, which directs the immediate distribution of assets without the appointment of a Personal Representative.

In the State of Florida, Does the value of the homestead property count toward the $75,000 asset limit in a Summary Administration?

No, the value of the homestead property does not count toward the $75,000 asset limit for Summary Administration in Florida. Florida Statute §735.201 explicitly states that the qualifying value is determined by the “entire estate subject to administration… less the value of property exempt from the claims of creditors.” Homestead property, as a primary residence, is generally considered exempt property under the Florida Constitution and state statutes. Therefore, its value is excluded when calculating whether the estate meets the $75,000 threshold. This means an estate can qualify for Summary Administration even if the homestead is valued at hundreds of thousands of dollars, as long as the remaining non-exempt assets subject to probate do not exceed the limit. The primary purpose of this exclusion is to simplify the transfer of a protected asset to the decedent’s lawful heirs. In fact, if the Florida homestead is the only probate asset, the estate will automatically qualify for Summary Administration regardless of its value. The court will often issue an Order Determining Homestead simultaneously with the Order of Summary Administration. This process ensures the streamlined transfer of the home while excluding its value from the financial qualification test.

In the State of Florida, Do all beneficiaries and the surviving spouse have to agree and sign the petition?

Yes, Florida law generally requires the surviving spouse and beneficiaries to sign the Petition for Summary Administration. According to Florida Statute §735.203, the petition must be signed and verified by the surviving spouse, if one exists. Furthermore, all beneficiaries must also sign and verify the petition. However, there is a key exception to this signature requirement for beneficiaries. A beneficiary is not required to join in or sign the petition if they will receive a full distributive share under the proposed plan of distribution. This means a beneficiary who is receiving their complete inheritance is excused from the signature requirement. Nevertheless, formal notice of the Summary Administration petition must still be legally served on any beneficiary who does not sign it. Failure to have the required parties sign, or properly serve notice, can halt the streamlined Summary Administration process. This signature requirement ensures all interested parties are aware and generally consent to this abbreviated probate procedure. The legal intention is to prevent disputes and guarantee the distribution plan is approved by those receiving the assets.

How does the two-year rule for creditors affect Summary Administration in the State of Florida?

The two-year rule, or non-claim statute, is a crucial factor in determining Summary Administration eligibility in Florida. According to Florida Statute §735.201(2), an estate qualifies for this streamlined process if the decedent has been dead for more than two years. This is a significant independent basis for qualification, separate from the estate’s value. The primary effect of this two-year deadline is that virtually all creditor claims are automatically and absolutely barred. Specifically, Florida Statute §733.710 provides an absolute statute of repose, meaning no unsecured creditor claims can be enforced against the estate or beneficiaries after this time. This is a major benefit because the estate does not need to go through the process of notifying or paying most creditors. As a result, the probate process is much faster, less complicated, and avoids the need for a formal Notice to Creditors publication. This bar on claims ensures assets can be distributed immediately upon the court’s order. However, the rule does not typically bar claims secured by property, such as a mortgage lien. Ultimately, the two-year rule makes Summary Administration the preferred and simplest route for older estates.

Can a bank or financial institution refuse to accept the Order of Summary Administration in the State of Florida?

Generally, a bank or financial institution is authorized and empowered to comply with a Florida Order of Summary Administration. Florida Statute §735.206(4)(b) explicitly states that debtors of the decedent or those holding property are legally permitted to comply with the court’s order. By complying, the financial institution is discharged from liability and has the legal authority to transfer assets to the persons specified in the order. However, a bank may sometimes initially refuse due to internal policies or a lack of understanding by personnel who are more familiar with the “Letters of Administration” from a formal probate. In essence, the bank’s refusal is not legally justified if the order is valid and specifically assigns the account. If a financial institution continues to refuse, the recipient has the legal right to maintain an action to enforce the transfer under Florida Statute §735.206(4)(a). The bank’s main concern is shielding itself from liability, which the court-certified Order of Summary Administration is designed to provide. Therefore, while some initial difficulty may occur in practice, the law mandates acceptance for the transfer of the specified assets. A probate attorney can usually resolve such a refusal by citing the relevant Florida Statutes.

Testimonials

- Brandy Wingate

"Excellent experience. Provided needed legal documents for a medical emergency. Exceptional support and efficiency in communication made the process stress free. My compliments to Mathew Morrison and his staff. Highly recommend."

— Paulette Copley

"Shelee M. was very helpful with my situation. She was able to look at my property deed on line and took my problem to the attorneys immediately. She was kind and helped resolve my situation and expeditiously. I would highly recommend this firm and will use them again myself."

— Elmo Mangual

"This firm was very helpful in my probate case. They were excellent and willing to help no matter what. They were able to resolve my case fast. I was impress with their work. I give them a 10 out of 10. Thank you again from the Mangual family."

- Stephen Brown

"I was very happy with the compassion and caring about the loss of my brother. The professional handling of the legal issues was the very best that I could have asked for. Thank you."

- Paula Halterman

"Omgoodness!! Had an emergent issue, spoke with Shelee, not only did she take the time to listen and understand our problem, she obtained the solution!! If you EVER have a need for a probate attorney, MTM law firm is amazing!!"