WHAT IS SUMMARY ADMINISTRATION?
Succession processes are largely painful, long, and generally complex. However, there is a type of hereditary administration, which can be simpler: summary administration. In today's blog we will be explaining what it consists of. The explanations that we are going to offer in this blog constitute the current law of the state of Florida. If you reside in another state, contact an attorney in your area for advice. In Florida, summary administration is a probate legal proceeding that is meant to be a simpler and faster way to have the assets of a deceased person, a decedent, transferred to an heir or beneficiary under a will. Unlike the more complex and slower formal administration, summary administration does not require the appointment of a person representative, executor, or administrator. Summary administration usually saves time, aggravation, costs, expenses, and attorney’s fees. For a decedent’s assets, also known as the decedent’s estate, to qualify for summary administration, the decedent must have died more than two years ago or the value of the decedent’s estate must be less than $75,000, excluding the value of any assets exempt from the claims of creditors. Although a last will and testament is not required for summary administration, it should be noted that if the decedent’s will expressly requires formal administration, then the decedent’s estate will not qualify for summary administration. In most cases, summary administration begins with the filing of the petition for summary administration, the death certificate of the decedent, and the decedent’s will, if any. The petition can be filed by or on the behalf of any beneficiary, legal heir, or personal representative, executor, or administrator nominated by the decedent’s will. The petition must be signed and sworn to, under oath, by a surviving spouse, if any. In Florida, the petition must allege certain facts showing that the decedent’s estate is eligible for summary administration, a list of the decedent’s assets and debts and their value, a list of all potential heirs and beneficiaries, and a proposed distribution of the assets, which must be in accordance with the decedent’s will unless it is contested. If all the legal requirements are met, then the court will enter an order distributing the decedent’s assets as requested in the petition. This order is called an order of summary administration. Did a loved one pass away and leave behind assets or property? Call Y. Morejon Attorney, P.A. today for a free initial consultation. Remember, at Y. Morejon Attorney, P.A., your problem is our problem.
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