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Order For Summary Administration Florida

Category:

Probate - Small Estates

State:

Florida

Control #:

FL-ET30

Format:

Instant download

Description

Under Florida statute, where as estate is valued at less than $75,000, any beneficiary of the estate may file a petition for summary administration of the estate within two years after the death of the decedent. Upon approval by the court of the petition, the court may order the immediate distribution of the assets of the estate. Please see the statutes below for details.

Order for Summary Administration Florida is a legal process available to handle estates when the value of the assets is below a certain threshold or the deceased individual has been deceased for at least two years. This simplified procedure allows for a more efficient and cost-effective administration of the estate, avoiding lengthy probate proceedings. One type of Order for Summary Administration in Florida is the "Petition for Summary Administration." This petition is filed with the court by the surviving spouse or a beneficiary of the estate. It outlines the deceased person's assets, debts, and names the individuals who are entitled to inherit from the estate. The petition should include key details such as the deceased person's name, date of death, and a description of the assets and liabilities. Another type of Order for Summary Administration in Florida is the "Verified Statement of Claim for Summary Administration." This statement is used when a beneficiary is asserting their right to receive a portion of the estate. It should provide evidence of the claimant's relationship to the deceased person, along with pertinent details regarding the assets and debts in the estate. To initiate the process, the petitioner must file the necessary documents with the Clerk of the Circuit Court in the county where the deceased person resided. Additionally, a notice of the administration must also be published in a local newspaper to inform any potential creditors of the deceased person's estate. The court will review the petition and accompanying documents to determine whether the estate qualifies for summary administration. If approved, the court will issue an "Order for Summary Administration." This order grants the petitioner the authority to distribute the assets of the estate without the need for a full probate administration. However, it is important to note that certain assets, such as homestead property, may have additional requirements and restrictions. The Order for Summary Administration outlines the specific instructions and procedures to be followed during the administration process. It may include directions regarding the payment of debts, distribution of assets, and any other relevant matters concerning the estate. The order will also set a deadline for any creditors to file claims against the estate. In conclusion, Order for Summary Administration in Florida is an efficient and streamlined process for handling smaller estates or estates with limited complexity. By avoiding lengthy probate proceedings, it saves time and expense for the parties involved.

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How to fill out Order For Summary Administration Florida?

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FAQ

A summary judgment order in Florida is a court ruling that resolves a case without a full trial, typically used when there are no material facts in dispute. This order can expedite legal proceedings, saving time and resources for all parties involved. It requires the party seeking the judgment to show that there are no genuine issues of material fact and that they are entitled to judgment as a matter of law. If you need assistance navigating this legal landscape, consider using US Legal Forms, which offers resources and guidance related to the Order for summary administration Florida.

A summary administration order in Florida is a legal procedure that simplifies the probate process for small estates. If the total value of the estate is below a certain threshold, this order allows for a quicker resolution. This process does not require a formal administration, which means heirs can receive assets faster and with less expense. Utilizing the Order for summary administration Florida helps streamline the transfer of property and addresses the needs of those managing small estates efficiently.

Yes, you can pursue summary administration without a lawyer in Florida if you feel comfortable handling the paperwork and procedures. However, having legal assistance can help avoid potential pitfalls and ensure that you comply with all necessary laws. If you choose to proceed independently, platforms like USLegalForms offer user-friendly resources that guide you through the process of obtaining an order for summary administration in Florida.

In summary administration in Florida, notice to creditors is generally not required unless there are disputes or challenges expected. This type of administration is designed to expedite the process, allowing for a smoother transition without the need for lengthy notifications. However, if you have questions about specific circumstances, utilizing resources from USLegalForms can provide additional insights.

In Florida, individuals who can file a petition for administration include personal representatives named in the will or heirs of the estate if no will exists. Typically, any beneficiary or relative with an interest in the estate can initiate this process. To ensure you follow the correct procedures, using USLegalForms can help clarify the necessary steps and paperwork.

Filing a summary of administration in Florida involves several steps. You will need to gather relevant documents, including a copy of the death certificate and any will, if applicable. Next, complete the required forms and file them with the local probate court. For efficiency, consider using USLegalForms to access recommended forms tailored to your situation.

To file for summary administration in Florida, you must first determine if you meet the criteria established by state law. Generally, this process is appropriate for estates that have a value of less than $75,000 or if the only asset is a homestead property. You'll need to prepare specific forms and file them with the court. Using a service like USLegalForms can simplify this process by providing necessary templates and guidance.

You do not necessarily need a lawyer for an order for summary administration in Florida, but having one can simplify the process. A lawyer can provide guidance and ensure that all paperwork is correctly filed, which can be crucial for avoiding delays. If you choose to handle the process yourself, the US Legal Forms platform offers resources and templates designed to assist you with every step. This can empower you to manage your case effectively.

The timeline for processing an order for summary administration in Florida can vary based on several factors. Generally, it may take a few weeks to complete once all necessary documents are filed. However, the process may extend if there are complications or if the estate’s details require additional verification. Using the US Legal Forms platform can streamline your experience, helping you to navigate the requirements efficiently.

A summary administration in Florida generally takes a shorter time compared to regular probate, often ranging from a few weeks to a couple of months. The duration is influenced by how quickly you can gather and submit required documents. Staying organized and responsive to court communications can help you complete the process smoothly.

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The Order of Summary Administration lists all of the assets, the beneficiaries, and how the assets are to be distributed based on the Decedent's Will. If there was no Will, the assets will be distributed based on the intestacy laws of Florida.There is one form included, you may need to print or copy more blank forms for each to complete and sign. The below checklist may be helpful in the preparing for filing a new. Summary Administration. (1) Any person who has obtained an order of summary administration may publish a notice to creditors according to the relevant requirements of s. Like a formal administration, a Florida summary administration starts with filing a petition in court. Generally speaking, summary administration can be completed within 24 months, whereas formal administration will take at least 1 year to close. The court may enter an Order of Summary Administration allowing immediate distribution of the assets to the beneficiaries. Exempt property does not qualify as a probate asset.

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Summary Administration Package - Small Estates - Under $75,000

Small Estates General Summary: Small Estate laws were enacted in order to enable heirs to obtain property of the deceased without probate, or with shortened probate proceedings, provided certain conditions are met. Small estates can be administered with less time and cost. If the deceased had conveyed most property to a trust but there remains some property, small estate laws may also be available. Small Estate procedures may generally be used regardless of whether there was a Will. In general, the two forms of small estate procedures are recognized:

1. Small Estate Affidavit -Some States, but not Florida, allow an affidavit to be executed by the spouse and/or heirs of the deceased and present the affidavit to the holder of property such as a bank to obtain property of the deceased. Other states require that the affidavit be filed with the Court. The main requirement before you may use an affidavit is that the value of the personal and/or real property of the estate not exceed a certain value.
2. Summary Administration -Some states allow a Summary administration. Some States recognize both the Small Estate affidavit and Summary Administration, basing the requirement of which one to use on the value of the estate. Example: If the estate value is 10,000 or less an affidavit is allowed but if the value is between 10,000 to 20,000 a summary administration is allowed.

Florida Summary:

Under Florida statute, where as estate is valued at less than $75,000, or the decedent has been dead for more than two years, any beneficiary of the estate may file a petition for summary administration of the estate. Upon approval by the court of the petition, the court may order the immediate distribution of the assets of the estate. Please see the statutes below for details.

Florida Requirements:

Florida requirements are set forth in the statutes below.

735.201 Summary administration; nature of proceedings.

Summary administration may be had in the administration of either a resident or nonresident decedent's estate, when it appears:

(1) In a testate estate, that the decedent's will does not direct administration as required by chapter 733.
(2) That the value of the entire estate subject to administration in this state, less the value of property exempt from the claims of creditors, does not exceed $75,000 or that the decedent has been dead for more than 2 years.

1735.202 May be administered in the same manner as other estates.

The estate may be administered in the same manner as the administration of any other estate, or it may be administered as provided in this part.

735.203 Petition for summary administration.

(1) A petition for summary administration may be filed by any beneficiary or person nominated as personal representative in the decedent's will offered for probate. The petition must be signed and verified by the surviving spouse, if any, and any beneficiaries except that the joinder in a petition for summary administration is not required of a beneficiary who will receive a full distributive share under the proposed distribution. However, formal notice of the petition must be served on a beneficiary not joining in the petition.
(2) If a person named in subsection (1) has died, is incapacitated, or is a minor, or has conveyed or transferred all interest in the property of the estate, then, as to that person, the petition must be signed and verified by:
(a) The personal representative, if any, of a deceased person or, if none, the surviving spouse, if any, and the beneficiaries;
(b) The guardian of an incapacitated person or a minor; or
(c) The grantee or transferee of any of them shall be authorized to sign and verify the petition instead of the beneficiary or surviving spouse.
(3) If each trustee of a trust that is a beneficiary of the estate of the deceased person is also a petitioner, formal notice of the petition for summary administration shall be served on each qualified beneficiary of the trust as defined in s. 736.0103 unless joinder in, or consent to, the petition is obtained from each qualified beneficiary of the trust.

735.2055 Filing of petition.

The petition for summary administration may be filed at any stage of the administration of an estate if it appears that at the time of filing the estate would qualify.

735.206 Summary administration distribution.

(1) Upon the filing of the petition for summary administration, the will, if any, shall be proved in accordance with chapter 733 and be admitted to probate.
(2) Prior to entry of the order of summary administration, the petitioner shall make a diligent search and reasonable inquiry for any known or reasonably ascertainable creditors, serve a copy of the petition on those creditors, and make provision for payment for those creditors to the extent that assets are available.
(3) The court may enter an order of summary administration allowing immediate distribution of the assets to the persons entitled to them.
(4) The order of summary administration and distribution so entered shall have the following effect:
(a) Those to whom specified parts of the decedent's estate, including exempt property, are assigned by the order shall be entitled to receive and collect the parts and to have the parts transferred to them. They may maintain actions to enforce the right.
(b) Debtors of the decedent, those holding property of the decedent, and those with whom securities or other property of the decedent are registered are authorized and empowered to comply with the order by paying, delivering, or transferring to those specified in the order the parts of the decedent's estate assigned to them by the order, and the persons so paying, delivering, or transferring shall not be accountable to anyone else for the property.
(c) After the entry of the order, bona fide purchasers for value from those to whom property of the decedent may be assigned by the order shall take the property free of all claims of creditors of the decedent and all rights of the surviving spouse and all other beneficiaries.
(d) Property of the decedent that is not exempt from claims of creditors and that remains in the hands of those to whom it may be assigned by the order shall continue to be liable for claims against the decedent until barred as provided in the code. Any known or reasonably ascertainable creditor who did not receive notice and for whom provision for payment was not made may enforce the claim and, if the creditor prevails, shall be awarded reasonable attorney's fees as an element of costs against those who joined in the petition.
(e) The recipients of the decedent's property under the order of summary administration shall be personally liable for a pro rata share of all lawful claims against the estate of the decedent, but only to the extent of the value of the estate of the decedent actually received by each recipient, exclusive of the property exempt from claims of creditors under the constitution and statutes of Florida.
(f) After 2 years from the death of the decedent, neither the decedent's estate nor those to whom it may be assigned shall be liable for any claim against the decedent, unless proceedings have been taken for the enforcement of the claim.
(g) Any heir or devisee of the decedent who was lawfully entitled to share in the estate but who was not included in the order of summary administration and distribution may enforce all rights in appropriate proceedings against those who procured the order and, if successful, shall be awarded reasonable attorney's fees as an element of costs.

735.2063 Notice to creditors.

(1) Any person who has obtained an order of summary administration may publish a notice to creditors according to the relevant requirements of s. 733.2121, notifying all persons having claims or demands against the estate of the decedent that an order of summary administration has been entered by the court. The notice shall specify the total value of the estate and the names and addresses of those to whom it has been assigned by the order.
(2) If proof of publication of the notice is filed with the court, all claims and demands of creditors against the estate of the decedent who are not known or are not reasonably ascertainable shall be forever barred unless the claims and demands are filed with the court within 3 months after the first publication of the notice.

PART II DISPOSITION OF PERSONAL PROPERTY WITHOUT ADMINISTRATION

735.301 Disposition without administration.

(1) No administration shall be required or formal proceedings instituted upon the estate of a decedent leaving only personal property exempt under the provisions of s. 732.402, personal property exempt from the claims of creditors under the Constitution of Florida, and nonexempt personal property the value of which does not exceed the sum of the amount of preferred funeral expenses and reasonable and necessary medical and hospital expenses of the last 60 days of the last illness.
(2) Upon informal application by affidavit, letter, or otherwise by any interested party, and if the court is satisfied that subsection (1) is applicable, the court, by letter or other writing under the seal of the court, may authorize the payment, transfer, or disposition of the personal property, tangible or intangible, belonging to the decedent to those persons entitled.
(3) Any person, firm, or corporation paying, delivering, or transferring property under the authorization shall be forever discharged from liability thereon.

735.302 Income tax refunds in certain cases.

(1) In any case when the United States Treasury Department determines that an overpayment of federal income tax exists and the person in whose favor the overpayment is determined is dead at the time the overpayment of tax is to be refunded, and irrespective of whether the decedent had filed a joint and several or separate income tax return, the amount of the overpayment, if not in excess of $2,500, may be refunded as follows:
(a) Directly to the surviving spouse on his or her verified application; or
(b) If there is no surviving spouse, to one of the decedent's children who is designated in a verified application purporting to be executed by all of the decedent's children over the age of 14 years.

In either event, the application must show that the decedent was not indebted, that provision has been made for the payment of the decedent's debts, or that the entire estate is exempt from the claims of creditors under the constitution and statutes of the state, and that no administration of the estate, including summary administration, has been initiated and that none is planned, to the knowledge of the applicant.

(2) If a refund is made to the surviving spouse or designated child pursuant to the application, the refund shall operate as a complete discharge to the United States from liability from any action, claim, or demand by any beneficiary of the decedent or other person. This section shall be construed as establishing the ownership or rights of the payee in the refund.

Summary Administration Package - Small Estates - Under $75,000

Florida Summary:

Florida Requirements:

Florida requirements are set forth in the statutes below.

735.201 Summary administration; nature of proceedings.

Summary administration may be had in the administration of either a resident or nonresident decedent's estate, when it appears:

1735.202 May be administered in the same manner as other estates.

The estate may be administered in the same manner as the administration of any other estate, or it may be administered as provided in this part.

735.203 Petition for summary administration.

735.2055 Filing of petition.

The petition for summary administration may be filed at any stage of the administration of an estate if it appears that at the time of filing the estate would qualify.

735.206 Summary administration distribution.

735.2063 Notice to creditors.

PART II DISPOSITION OF PERSONAL PROPERTY WITHOUT ADMINISTRATION

735.301 Disposition without administration.

735.302 Income tax refunds in certain cases.

Order For Summary Administration Florida

Description

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How to fill out Order For Summary Administration Florida?

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FAQ

What is a summary judgment order in Florida?

What is a summary administration order in Florida?

Can you do summary administration without a lawyer in Florida?

Is notice to creditors required in summary administration in Florida?

Who can file a petition for administration in Florida?

How to file a summary of administration in Florida?

How do I file for summary administration in Florida?

Do I need a lawyer for summary administration in Florida?

How long does it take for a summary administration in Florida?

How long does a summary administration take in Florida?

Interesting Questions

What is Order for Summary Administration in Florida?

Who is eligible to apply for an Order for Summary Administration?

What is exempt property?

How long does the Order for Summary Administration process take?

Can creditors make claims against the estate during the summary administration process?

What happens if there are disputes among potential beneficiaries during the summary administration process?

Are there any estate taxes involved in the summary administration process?

Can an attorney help with the Order for Summary Administration process?

What happens to real estate properties in a summary administration?

Can a person challenge an Order for Summary Administration?

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Order For Summary Administration Florida

Description

Viewed forms

How to fill out Order For Summary Administration Florida?

Form popularity

FAQ

What is a summary judgment order in Florida?

What is a summary administration order in Florida?

Can you do summary administration without a lawyer in Florida?

Is notice to creditors required in summary administration in Florida?

Who can file a petition for administration in Florida?

How to file a summary of administration in Florida?

How do I file for summary administration in Florida?

Do I need a lawyer for summary administration in Florida?

How long does it take for a summary administration in Florida?

How long does a summary administration take in Florida?