This form is a sample letter in Word format covering the subject matter of the title of the form.
This form is a sample letter in Word format covering the subject matter of the title of the form.
If you have questions related to the protections from creditors that Florida law affords distributees, contact an experienced estate administration attorney in Florida. Once an order of summary administration has been entered, the petitioner must publish a notice to all creditors.
Summary administration usually are able to be closed between 1-2 months. Formal administration will take at a minimum 6 months in order to be able to close out the estate administration. Why is summary administration in Florida so much faster you may ask yourself?
Do you need a lawyer for a Florida summary administration? Florida law does not require the person who requests a summary administration of a Florida estate to have a lawyer.
An individual can file a petition for summary administration 6 months after they have been appointed as Administrator or Executor of an estate. In other words, the estate must have been opened by the probate court and have passed a waiting period of 6 months or longer.
However, although attorney representation is not required for a Florida summary administration, hiring an attorney may be necessary in order to know the correct documents to file related to the creditor and homestead process.
Like a formal administration, a Florida summary administration starts with filing a petition in court. The petition for summary administration may be filed by any beneficiary or by a person nominated as a personal representative by the decedent's will, but must be signed and verified by the surviving spouse (if any).
Submitting Probate Orders All proposed probate orders must be submitted directly to the 15th Judicial Circuit Court's online scheduling system (OLS). They cannot be submitted in person, by mail or email to the court or to the Clerk's office. They also cannot be filed through the e-filing portal.
To cancel a hearing scheduled for UMC, the scheduling attorney's office must file a Notice of Cancellation and must log in to the 15th Judicial Circuit's Online Scheduling System, select "Uniform Motion Calendar "UMC" Scheduling; select "Cancel Hearings" and follow the directions on the screen.
Probate in Palm Beach County can vary based on the circumstances, but generally, formal administration can take 12 to 15 months to complete. Summary administration can take less than a month to complete. However, the probate process can take longer if disputes or other difficulties arise.
ALTHOUGH YOU ARE NOT REQUIRED TO HAVE AN ATTORNEY FOR CERTAIN PROBATE PROCEEDINGS, ONLY AN ATTORNEY CAN GIVE LEGAL ADVICE. IF YOU CHOOSE TO PROCEED WITHOUT AN ATTORNEY, AT ANY TIME IN YOUR CASE YOU MAY OPT TO HIRE ONE.