What is probate summary of Administration?

The probate summary of administration is a simplified legal procedure in Florida that allows for the efficient distribution of a deceased person's assets without a lengthy probate process. This procedure requires filling out the summary of administration Florida form for probate, which outlines the deceased's estate and beneficiaries. It is designed for situations where the estate's total assets fall below a specific value, making it quicker and less complicated than standard probate. Understanding this process can help you navigate estate distribution more effectively.

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Summary Of Administration Florida Form For Probate

Name: Summary Of Administration Florida Form For Probate
Brand: US Legal Forms

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.

The Summary of Administration Florida Form for probate is a legal document that provides a concise overview of an estate's administration process in the state of Florida. This form is specifically designed to expedite probate proceedings for estates with assets valued below a certain threshold. It helps simplify the process by providing a summary of key details and speeding up the distribution of assets to beneficiaries. Keywords: Summary of Administration, Florida Form, Probate, Estate Administration, Legal Document, Probate Proceedings, Assets Valuation, Beneficiaries, Simplify, Distribution. There are two primary types of Summary of Administration Florida Forms for probate: 1. Summary Administration for Estates with a value less than $75,000: This form is applicable when the total value of an estate's assets, excluding exempt property and homestead, is less than $75,000. It allows for a simplified and quicker probate process, without the need for a personal representative or the appointment of a formal executor. This type of summary administration can be filed when the decedent has been deceased for at least two years or if there is a surviving spouse. 2. Summary Administration for Estates valued over $75,000 but less than $175,000: This type of Summary of Administration Florida Form is utilized when the estate's assets, excluding exempt property and homestead, are valued between $75,000 and $175,000. It is applicable in cases where the decedent has been deceased for at least two years or if there is a surviving spouse. However, a formal Notice to Creditors must be published in a local newspaper to notify potential creditors about the administration of the estate. Both types of Summary Administration Forms aim to streamline the probate process, ensuring a swift distribution of assets to rightful beneficiaries while reducing the associated administrative burden. These forms are crucial for simplifying the legal proceedings and efficiently managing estates within the specified value thresholds in the state of Florida.

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How to fill out Summary Of Administration Florida Form For Probate?

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FAQ

Probate is the general process of validating a will and distributing assets under judicial oversight, while summary administration offers a faster, simplified avenue for smaller estates. The summary of administration Florida form for probate is specifically designed for cases where the estate’s value falls below a certain threshold. Choosing summary administration can save time and reduce court fees, making it a practical option for qualifying estates.

Getting a summary administration in Florida involves filling out the summary of administration Florida form for probate accurately. You’ll need to ensure that the estate qualifies for summary administration, which typically involves having a limited value and no ongoing debts. Once you have the form ready, present it to the probate court for approval. Using a trusted platform like US Legal Forms can simplify this process by providing the correct templates and guidance.

To obtain a summary of administration in Florida, you need to complete the appropriate documentation, specifically the summary of administration Florida form for probate. Start by gathering the necessary information about the estate, including details on assets and beneficiaries. After completing the form, you can file it with the local probate court. It’s advisable to consult a legal expert if you have questions about the process.

You do not necessarily need a lawyer to file a summary administration in Florida; however, having legal assistance can provide valuable insights. An attorney can clarify the requirements and deadlines associated with the summary of administration Florida form for probate, which can make the process smoother and more efficient. We recommend considering legal counsel if you face any uncertainties regarding the procedure.

While it is not mandatory to have an attorney to file a summary administration in Florida, consulting one can be beneficial. An attorney can help navigate the legal complexities and ensure that the summary of administration Florida form for probate is completed correctly. Having professional guidance may save you time and potential complications in the probate process.

Yes, notice to creditors is required in summary administration in Florida, although the process is streamlined. Creditors have a shorter time frame to come forward with claims, typically up to three months from the notice publication date. Filling out the summary of administration Florida form for probate is essential to ensure proper notification, thereby protecting the interests of the heirs against outstanding debts.

In Florida, summary administration probate follows specific rules designed to simplify estate resolution. The estate must not exceed $75,000 in value, or the decedent must have been deceased for over two years. It is crucial to complete the summary of administration Florida form for probate correctly, as adhering to these guidelines will ensure a smoother process for obtaining the necessary court approval.

Summary administration probate is a simplified legal process in Florida that allows for the swift distribution of a deceased person's assets without the need for full probate. This process is applicable when the total value of the estate is below a certain threshold, making it easier for heirs to claim their inheritance. Utilizing the summary of administration Florida form for probate can expedite the handling of the estate, reducing both time and costs.

Yes, it is possible to handle summary administration without a lawyer in Florida, as long as you correctly complete the summary of administration Florida form for probate. However, navigating the legal requirements can be complex, so using a platform like US Legal Forms can provide the necessary support and guidance. This resource can help simplify the preparation process, ensuring that you adhere to all regulations. Ultimately, whether to hire a lawyer depends on your comfort level with legal procedures.

The probate summary of administration is a simplified legal procedure in Florida that allows for the efficient distribution of a deceased person's assets without a lengthy probate process. This procedure requires filling out the summary of administration Florida form for probate, which outlines the deceased's estate and beneficiaries. It is designed for situations where the estate's total assets fall below a specific value, making it quicker and less complicated than standard probate. Understanding this process can help you navigate estate distribution more effectively.

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Summary Administration. Summary administration may be filed when the value of the entire estate does not exceed.The Petition for Summary Administration and Order of Summary Administration (forms included in this packet. The Petition for Summary Administration is a document used for Summary Administration. This is a more "expedited" version of probate. The below checklist may be helpful in the preparing for filing a new. For testate matters (with a will), Petitioner is entitled to summary administration because. (check all boxes that apply):. Florida Probate Rule 5.530 Summary Administration. Like a formal administration, a Florida summary administration starts with filing a petition in court.

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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.

Summary Of Administration Florida Form For Probate

Description

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How to fill out Summary Of Administration Florida Form For Probate?

Form popularity

FAQ

What is the difference between probate and summary administration?

How to get a summary administration in Florida?

How do I get a summary of Administration in Florida?

Do I need a lawyer to file a summary administration in Florida?

Do I need an attorney to file a summary administration in Florida?

Is notice to creditors required in summary administration in Florida?

What are the rules of probate summary administration in Florida?

What is summary administration probate?

Can you do summary administration without a lawyer in Florida?

What is probate summary of Administration?

Interesting Questions

What is a Summary of Administration Florida form for probate?

Who can file a Summary of Administration Florida form?

What are the benefits of using a Summary of Administration Florida form?

What are the basic requirements to qualify for a Summary of Administration Florida form?

How do I complete a Summary of Administration Florida form?

Do I need an attorney to file a Summary of Administration Florida form?

What happens after filing a Summary of Administration Florida form?

Can the Summary of Administration Florida form be used for all types of estates?

Is there a time limit for filing a Summary of Administration Florida form?

What happens if the value of assets exceeds $75,000 after filing a Summary of Administration Florida form?

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Summary Of Administration Florida Form For Probate

Description

Viewed forms

How to fill out Summary Of Administration Florida Form For Probate?

Form popularity

FAQ

What is the difference between probate and summary administration?

How to get a summary administration in Florida?

How do I get a summary of Administration in Florida?

Do I need a lawyer to file a summary administration in Florida?

Do I need an attorney to file a summary administration in Florida?

Is notice to creditors required in summary administration in Florida?

What are the rules of probate summary administration in Florida?

What is summary administration probate?

Can you do summary administration without a lawyer in Florida?

What is probate summary of Administration?