Need Summary Administration? Our Port St. Lucie Attorneys Simplify Probate For You.
Losing a loved one is a heavy burden for any family. During this emotional time, the legal requirements of closing an estate can feel like an added weight. At The Siegel Law Firm, P.A., we are here to help you carry that load.
Our family-run law firm has served the community since 1982. With offices in Jupiter and Port St. Lucie, we focus on helping neighbors find the most efficient path forward through probate. One such path is summary administration. This is a fast-track version of probate in Florida. It allows for a shorter court process than the traditional route.
What Is Summary Administration? When Does It Occur?
Summary administration is a simplified form of probate for estates that are not complex. Think of it as a streamlined legal process to settle a person’s affairs. Summary administration usually occurs in two main situations:
- If the total value of the assets subject to probate is $75,000 or less. This does not include the value of the decedent’s primary home.
- If the person has been deceased for more than two years. In this case, the value of the assets does not matter.
We often see families use summary administration when a loved one leaves behind a small bank account or a single piece of property. It is also helpful when a long time has passed since the death and the family finally needs to clear a title. It is a practical way to move forward without the long delays of a court case.
How Summary Administration Differs From Formal Administration
Florida has two ways to handle probate:
- Formal administration: The standard process. The court requires it for larger or more complex estates. In a formal administration, the court appoints a personal representative. The court oversees every step. It can take a year or longer.
- Summary administration: Summary administration is much faster. There is no personal representative appointed by the court. Instead, the court issues an order to send the assets directly to the people who are supposed to inherit them.
While formal administration is like a long journey, summary administration is a shortcut. It saves time and money for families who meet the criteria.
The Pros And Cons Of Summary Administration
Like any legal choice, summary administration has benefits and drawbacks. The pros include:
- Speed: You can often finish the process in weeks instead of months.
- Lower costs: Because there are fewer steps, the fees and court costs are usually much lower.
- Simplicity: There is less paperwork to manage.
The cons are:
- Debt issues: The person who receives the assets may become responsible for those debts.
- Limited power: Without a personal representative, it can be harder to communicate with banks or insurance companies.
- Requirement for agreement: All the heirs must agree to use summary administration.
We help you to understand both sides before you decide.
Do I Need A Lawyer For Summary Administration In Florida?
The short answer is yes. Even though it is simpler, it is still a legal proceeding in a Florida court. Most judges will not allow you to file the paperwork on your own. You need a probate attorney to ensure everything meets the court’s standards.
Benefits Of Working With Our Family Probate Lawyers
When you work with our father-son team, you are not just a case number. You are a family we want to help. We have served our community for decades: we plan to be here for decades more. Instead of approaching estate administration and probate as a one-and-one task, we understand that it is a long-term commitment. You want a law firm with the staying power to see it through with you. Our 50 years of combined experience means we have seen almost every situation relating to Florida probate procedures. We use that knowledge to provide a steady hand during every stage.
How Long Does It Take For A Summary Administration In Florida?
The timeline for this process is much shorter than regular probate. A summary administration usually takes between one and three months. The exact time depends on how busy the court is and how quickly we can gather information.
In some cases, we can finish the work in just a few weeks. This is common when all heirs agree and the assets are easy to identify. If there are creditors to notify, it might take a bit longer. However, it is almost always significantly faster than the formal route.
Can You Use Summary Administration For Homestead Properties?
Yes. In fact, it is one of the most common reasons that families choose this path. You can use summary administration for a home of any value, since the law does not count the home toward the $75,000 limit. If the house is the only asset, you likely qualify for this fast-track process. We can file a petition to determine the homestead status along with the probate paperwork. We will look at your specific situation to see if this is the right tool for your property.
How Do I File A Summary Administration In Florida?
Filing for this type of probate requires specific steps and legal forms. This is the general process:
- Gather information such as the death certificate, the will and a valuation of the assets.
- Identify heirs and confirm their names and addresses.
- Search for people or companies to whom the the deceased owed money.
- Draft the a formal petition to the court.
- Obtain signatures from all beneficiaries.
- File the paperwork to the court in the county where the person lived.
- Finally, once the judge approves the petition, you receive an order of summary administration.
After the judge signs the order, you can take it to banks or title companies. This order gives you the legal right to claim the assets. It is the final step in closing the estate. We take the lead on this work to make it easy for you.
Let Our Family Help Your Family Today
The Siegel Law Firm, P.A., is ready to guide you through the summary probate process. Our team wants to make this process as simple as possible for you. Please call us in Jupiter at 561-680-4959, call us in Port St. Lucie at 772-292-0780, or send us an email. We provide free consultations.