Probate proceedings can require months of a person’s time and attention. The personal representative administering the estate must attend court hearings, send notice to creditors and wait to distribute resources to beneficiaries. Those expecting an inheritance may need to wait until the end of the process to receive property from the estate.
Occasionally, an estate in Florida could be eligible for summary probate proceedings. Summary probate is a much faster process than traditional probate proceedings. When is a Florida estate eligible to bypass formal administration in favor of summary proceedings instead?
When the estate has limited value
Any assets owned directly by the deceased individual become the property of their estate after they die. The total value of their assets is what ultimately determines whether the state qualifies for summary probate proceedings or not. Under current Florida statutes, estates containing property worth less than $75,000 may be eligible for summary proceedings.
When there were delays in handling the estate
Challenges sometimes arise after someone dies, preventing the prompt administration of their estate. Perhaps local authorities struggled to identify and contact surviving family members, for example.
If the decedent died more than 2 years ago, then the estate may qualify for summary probate proceedings. The window of opportunity for creditors to make claims has already ended, making formal probate oversight less necessary.
Summary administration can be beneficial in some cases. Personal representatives and other interested parties may need help evaluating an estate to determine what type of probate is necessary. Reviewing estate resources and records of an individual’s passing with a probate lawyer can help surviving family members and personal representatives fulfill all probate obligations in compliance with Florida statutes as efficiently as possible.