Reliable Probate Assistance
in Florida for Small Estate Matters

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What Assets May Need Probate

In most cases, only assets solely in the deceased person’s name at the time of death must be probated. If an asset is jointly titled, such as a car, or has a named beneficiary, such as a bank account, Florida law may allow that asset to transfer directly to the co-owner or beneficiary without probate.

Creditor issues may also need to be addressed. For Summary Administration, creditors generally must be paid, barred, or accounted for, and beneficiaries may be liable for debts up to the value of assets received in probate, excluding exempt assets.

Summary Probate Administration Assistance

Summary Probate Administration is a simplified Florida probate process designed to make qualifying small estate matters more efficient. It may be available when the person has been deceased for two years or longer, regardless of estate value, because creditor claims in Florida are barred after two years.

Summary Administration may also be available when estate assets are less than $75,000, and creditors are involved. Importantly, the $75,000 cap does not include exempt property. Exempt property often includes homestead real property, the first $20,000 in household furnishings and other personal property, and up to two automobiles.

A Faster Process for Qualifying Estates

Summary Administration does not involve the appointment of a personal representative or executor. In most cases, hearings and court appearances are not required unless unusual circumstances exist. For many smaller Florida estates, Summary Administration can be a faster alternative to Formal Administration.

However, if there are disputes between beneficiaries or several creditors seeking payment, Summary Administration may not be the right fit. In some cases, probate judges may require the case to be converted from summary to formal administration.

Homestead Property and Creditor Claims

When homestead real property is involved, a Petition to Determine Homestead Status of Real Property is typically filed with the Petition for Summary Administration. This petition may be accompanied by a property tax bill and an affidavit confirming that the deceased person resided in the property and that it was their homestead.

Once the court determines the property is Homestead Property, the Probate Court enters an Order Determining Homestead Status of Real Property, allowing the property to pass to beneficiaries free of creditor claims.

What We Do for You

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How to Get Started

Our staff reviews your information to confirm whether your matter qualifies before any payment is due.

After payment is made, draft documents are typically prepared for your review in approximately two weeks.

Once approved, you receive detailed filing instructions for your county, including guidance for filing through the Florida ePortal website if preferred.