As a wills, trusts, estate planning and probate attorney in DeLand, Deltona, Daytona, Sanford, Orange City, Lake Mary, Volusia, Seminole, Orange and Lake County, Florida, advising clients on probate strategies is a core practice using many different tools to assist our clients. Practicing in probate law, I often encounter questions about the process of administering estates, particularly when some time has passed since the decedent's death. One common scenario involves situations where summary administration might be appropriate, even if more than two years have elapsed. Let's explore this.
Generally, summary administration is a simplified probate process available in Florida when the estate's value (excluding exempt property) is less than $75,000 or the decedent has been dead for more than two years. My focus here is on the latter scenario.
Two Years and Beyond: Why Summary Administration Might Still Be an Option
Even if more than two years have passed since the date of death, summary administration can be a viable option, even if the estate exceeds $75,000. This is because the two-year rule operates independently of the estate value limitation. This can be a significant advantage, streamlining the process and reducing costs.
When is Summary Administration Appropriate After Two Years?
Summary administration is particularly useful in these situations:
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Small Estates: Even if the estate's value is slightly over $75,000, if there are no complex issues or disputes, summary administration might still be feasible after two years.
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No Known Creditors: If there's a reasonable assurance that there are no outstanding creditor claims against the estate, summary administration can expedite the distribution of assets to beneficiaries.
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Simple Asset Distribution: When the assets of the estate are straightforward, such as bank accounts or readily transferable securities, and there are clear beneficiaries, summary administration can simplify the process.
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Uncomplicated Family Dynamics: If all beneficiaries are in agreement and there are no disputes anticipated, summary administration can be a more efficient way to settle the estate.
Important Considerations:
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Due Diligence: Even after two years, it's crucial to conduct thorough due diligence to ensure no unknown creditors exist. Publishing a notice to creditors is still a recommended practice, even in summary administration.
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Exempt Property: Understanding what constitutes exempt property under Florida law is essential, as it's not included in the $75,000 threshold for summary administration based on value.
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Legal Counsel: While summary administration is designed to be simpler, it's still wise to seek guidance from a qualified Florida probate attorney. They can help determine if it's the most appropriate option for the specific circumstances and ensure all legal requirements are met.
Disclaimer: This post provides general information about summary administration in Florida and should not be considered legal advice. Every estate is unique, and specific circumstances should be evaluated by a qualified Florida probate attorney. I'm happy to discuss your individual situation and provide tailored legal guidance. #probate #floridalaw #summaryadministration #estateplanning #inheritance #legaladvice #wills #trusts
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