Search In Legal Florida Small Estates Forms For Free

Qualification for summary administration Summary administration is the other type of procedure in Florida for small estates and is available if: The estate contains less than $75,000 of nonexempt assets, or. More than two years have passed since the date of death.

If property, bank accounts, insurance policies, annuities, 401K plans, and all assets have beneficiaries or joint owners, probate is unnecessary. However, without a will or trust all assets must pass through probate court if no beneficiary or joint owner is named.

Formal administration is required for any estate with non-exempt assets valued at over $75,000 when a decedent died less than two years ago. Formal administration is also required any time that a personal representative is needed to settle the affairs of the decedent.

Unlike many states. Florida does not allow small estates to be settled using small estate affidavits rather than going through probate. Instead, when someone dies in Florida leaving a small estate, there are two other procedures available to the heirs and beneficiaries who want to avoid probate.

In Florida, there is no small estate affidavit but Summary Administration can be used instead. Speed and cost savings are the attractions of Summary Administration. Rather than taking months or years as probate can, summary administration can accomplish a transfer of assets almost immediately after someone's death.

It is usually necessary to go through probate when there is a Will. The Will must first be deemed to be valid on its face to be accepted by the probate court (that is, the court will look to see if the Will is properly signed by the deceased, witnesses, and, in some instances Notary Public).