While probate can be complex, the Florida system does offer a streamlined option known as Summary Administration, which is specifically designed for smaller estates. It often results in less time, expense, and paperwork for everyone involved.
That makes it sound like the obvious choice, right? Well, it is not always that straightforward. Below, we will explore the factors that can make summary administration a good choice…or a not-so-good choice, depending on the circumstances.
When Is Summary Administration a Good Option?
Here are some situations where summary administration might be the perfect fit:
- If the deceased person had a relatively modest estate (with non-exempt assets valued at under $75,000), summary administration can be a great way to handle things. Non-exempt assets would typically be things other than the deceased person’s primary residence.
- If the beneficiaries who will be receiving the inheritance are easy to locate, fully cooperative, and agreeable about the process, summary administration can be an efficient way to distribute the assets.
When Might Summary Administration Not Be the Best Choice?
It is important to realize that this simplified form of probate is not always the way to go. Here are some situations where it might not be your ideal solution:
- Sometimes, a thorough investigation might be needed to uncover all the assets in an estate. A personal representative appointed in a formal probate process has much broader powers to find any hidden assets and ensure everything is handled correctly. In a simplified probate administration, this kind of deep digging is not as easy to do, and you might miss something important.
- If the deceased person had outstanding debts, formal administration might be the best option, as it has a built-in process for publishing a notice to creditors and resolving any legitimate claims against the estate.
- When the people who were named in the will (or those who would inherit under Florida law if there is no will) do not get along, sometimes formal probate is needed to provide court oversight throughout the whole process.
Simpler Does Not Always Mean Better
Dealing with any type of probate can be stressful, even with simplified options. What if there is the possibility of disputes with creditors or you are worried beneficiaries might sue each other? There could even be concerns about whether the will is valid in the first place.
In these complex scenarios, you might want to explore the route of Formal Administration. This type of probate does bring with it more formalities and court oversight; however, there is a benefit to that, too. With this process, you will have a court-appointed personal representative with the full authority to handle disputes, gather and manage assets, and even sell real estate if required.
We Can Help You
Making mistakes during the probate process is easy. However, making mistakes before the probate process even begins – such as choosing the wrong type of administration – is dramatically easier. That is why you should work with experts.
Whether you have a clear-cut case ideally suited for summary probate or something more complex that might require formal administration, we can help you.
Our expert team at Jurado & Associates, P.A. understands the intricacies of Florida probate and can guide you through the entire process with empathy and expertise.
Get in touch with us today!
Reach out by phone at (305) 921-0976, email us at [email protected], or message us through WhatsApp at +1 (305) 921-0976.
Our goal is to take the stress off your shoulders and make this process as smooth as possible during a difficult time. We will take care of the legalities while you take care of yourself and your family and focus on healing emotionally.
