Summary administration in Florida is a shortened probate process applicable when a resident of Florida has been deceased for more than two years or owned assets worth less than $75,000. In summary administration, the probate court has the authority to validate a will for probate; however, instead of appointing a personal representative, the court can issue an order that identifies the decedent’s assets, directs the payment of creditors, and determines the remaining assets to be distributed to the beneficiaries. Since no personal representative is assigned, there is no ongoing probate case, no requirement to file inventories or accountings, and no issuance of a discharge order. Nevertheless, it is crucial to publish a notice to creditors and serve it on all reasonably identifiable creditors in order to limit their timeframe for filing claims. Failure to do so may grant creditors up to two years after the death to file a claim. If a beneficiary of a Florida resident’s estate is eligible for summary administration, it is advisable to seek the assistance of a probate attorney based in Florida. Such an attorney will represent the beneficiary and draft the necessary legal documents for the summary administration.
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