If you are dealing with an estate that qualifies for summary administration, you may wonder if you need to hire a probate lawyer.
Below, we will explain how this type of probate works and when you should consider hiring a probate lawyer to help you with the process.
What is Summary Administration?
Summary administration is a legal procedure that is faster and simpler than the regular form of probate, known as formal administration, which can be lengthy, complex, and costly, especially if there are disputes or complications involved.
Summary administration, on the other hand, can be completed without appointing a personal representative (also known as an executor or administrator) and without further court supervision. It can also reduce or eliminate some of the fees and expenses associated with formal administration.
However, summary administration is not available for every estate. In Florida, there are two ways an estate can qualify for summary administration:
- The decedent must have been dead for more than two years, or
- The value of the entire estate subject to administration in Florida does not exceed $75,000.
If an estate meets one or both of these requirements, the beneficiaries or the person nominated as the personal representative by the will can file a petition for summary administration with the probate court.
The petition must include certain information about the estate, such as:
- The assets and their values
- The debts and their amounts
- The beneficiaries and their shares
- The plan for distributing the assets
The court will review the petition and, if satisfied, issue an order granting summary administration. The order will direct how the assets should be distributed to the beneficiaries and creditors. Once the order is issued, the summary administration is complete.
How Can a Probate Lawyer Help with Summary Administration?
Even though summary administration is simpler than formal administration, it still involves legal formalities and paperwork that can be confusing or overwhelming for some people. A probate lawyer can help you with summary administration by:
- Advising you on whether your estate qualifies for summary administration and whether it is the best option for your situation
- Preparing and filing the petition for summary administration and any other required documents
- Conducting a diligent search and inquiry for any known or reasonably ascertainable creditors and serving them with a copy of the petition
- Making sure that the assets are distributed according to the court order and the law
A probate lawyer can also help you avoid or resolve any potential problems that may arise during summary administration, such as:
- Disputes among beneficiaries or creditors
- Claims from unknown or fraudulent creditors
- Errors or omissions in the petition or the order
- Challenges to the validity of the will or the summary administration
By hiring a probate lawyer, you can save yourself time, stress, and money in the long run, and they will ensure that your summary administration is done correctly and efficiently, without any unnecessary delays or complications.
Looking to Hire a Probate Lawyer?
If you are looking for reliable and experienced probate lawyers to help you with summary administration in Florida, look no further than Jurado & Associates, P.A.
We understand that losing a loved one is hard enough without having to deal with legal hassles. That is why we are committed to providing you with compassionate and personalized service at every step of your summary administration.
We will listen to your needs and goals, answer your questions, explain your options, and guide you through the process with professionalism and care.