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Josh navigated our case with expertise. He was always prompt in responding to inquiries, questions, emails, texts and phone calls. He treats everyone with courtesy and respect. Could not have asked for more."
Rating: 5/5 Stars
Written by: Mike
Date Published: January 3, 2016
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Daytona: 140 South Beach St., Suite 310, Daytona Beach, FL 32114
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Orlando Summary Administration Lawyers
This probate shortcut can be used by many Florida estates. It’s an option if
the death occurred more than two years ago, OR
the value of the probate estate—that’s all the property that would have to go
through probate, so it excludes the nonprobate assets
described above—is not more than $75,000.
To start this process, contact a local attorney. The attorney will draft document for the person who was nominated in the will to be executor, or anyone who inherits property, and file a document called a Petition for Summary Administration. The surviving spouse, if any, must sign and verify the petition. If any beneficiary doesn’t sign the petition, you must formally deliver (serve) that person with notice that you have filed the petition. (Fla. Stat. 735.201.)
In the petition, the signor must state that the estate qualifies for summary administration, list the deceased person’s assets and their value, and state who inherits which assets.
The court doesn’t appoint a personal representative (executor or administrator) for the estate. Instead, the court, if it determines that the estate qualifies for summary administration, issues an order, releasing the property to the people who inherit it. You might use this court order to show a bank, for example, that you are the rightful inheritor of the funds in an account it holds.
There are still protections for possible creditors and special pleadings that must be filed for exempt property with a summary administration. Also, you still must have an attorney for a summary administration. Still, if the estate does not have significant property, you may be able to have an experienced probate attorney handle your case for a relatively small amount of money.
The Adams Law Firm, P.A. routinely handles summary administrations in Orlando and surrounding areas. Our turn around time between filing a Petition for Summary Administration and receiving the necessary orders conveying property are often only several weeks. We have local Orlando attorneys ready to speak or meet with you who can file these pleadings quickly when time is of the essence.
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