What do you do when an estate doesn’t have a lot of assets?

Summary Administration

Summary administration of an estate is mini probate.  The petitioner, who may or may not be a beneficiary of the will, files a petition for summary administration, signed by all the beneficiaries of the will, and the court distributes the estate’s assets pursuant to the will.  If the decedent does not have a will, and their non-exempt assets  are lower than the statutory maximum,  it is still eligible for summary administration.  In this instance.,  instead of named beneficiaries, we will look to the family tree to disburse the assets. The probate court does not appoint a personal representative.  Instead, the petitioner for summary administration remains liable for the decedent’s debts until the two-year statute of limitations expires.

The estate is only eligible for summary administration if the decedent’s non-exempt assets have a value less than or equal to $75,000.  If the decedent owed any outstanding debts, the creditors must consent in writing to the summary administration.

Disposition of a Deceased Person’s Property Without Administration

If summary administration is mini probate, disposition without administration is non-probate.  It can happen only when the decedent owned no property to speak of.  In other words, disposition without administration is an option only when the decedent’s non-exempt property has a value less than that of the decedent’s funeral expenses or the medical expenses incurred during the last 60 days of the decedent’s life for his or her final illness.

To initiate disposition without administration, you must simply send a written request to the probate court, seeking disposition without administration.  The issuer of the letter can be any interested party, such as a family member or creditor.  If the probate court approves the request, the letter writer may distribute the decedent’s property appropriately.

Contact a Florida Estate Planning Attorney About Probate Cases

A probate attorney can help you decide whether your recently deceased family member’s estate qualifies for summary administration.  Contact The Law Office of Laurie R. Chane in Dade City, Florida to discuss your case.

Source:

aboutfloridaprobate.com/2018/02/28/3-ways-to-probate-an-estate-in-florida/