Florida Probate Summary Administration – That Won’t Break the Bank
If you are a self-represented non-resident of Florida needing to probate a deceased loved one’s assets in Florida, we can also help you.
All work is provided virtually from the comfort of your home or office. You never need to go anywhere to obtain our services. All our work is done electronically via phone and email.
What is Probate?
Florida Probate is necessary to transfer ownership of the decedent’s probate assets to the decedent’s beneficiaries. You must file a petition for administration forms as part of the probate process.
The probate process involves the court supervising the procedure for gathering the decedent’s assets to pay off debt and distribute the assets to its beneficiaries.
Under Florida Statutes 731 through 735, there are rules which need to be followed about probate procedures to carry this out.
Two types of probate administrations fall under Florida probate law as follows:
- Summary Administration or small estate affidavits, including Ancillary Summary Administration; and
- Formal Administration, generally used for larger estates.
A Petition for Summary Administration is the process of probate application forms used when the person has been dead for over two years, and all creditors of the deceased are barred, or the value of the decedent’s non-exempt assets subject to probate is $75,000 or less.
Probate can mean whether the decedent died with a will or not. If the decedent died without a will, this is considered Intestate. If the decedent died with a will, this is deemed Testate.
Florida law says it is not a requirement that you obtain the services of a Florida Bar probate attorney; but that you can represent yourself pro se and obtain the assistance of a Florida Probate Legal Document Preparer.
You’ll want to obtain the services of someone with experience in Florida Probate forms. You can represent yourself in a summary administration and get your own Florida probate forms online; however, those so-called “do it yourself” legal forms websites generally do not speak to you, answer your questions, or assist you through the entire probate process.
Ancillary Administration is the probate process used when a nonresident dies with real property located in Florida to transfer ownership of the Florida real property.
This can also apply to personal property owned in Florida as well. Under Florida Statute 734.1025, the Ancillary Summary Administration Petition can be used when the decedent has been dead for two years or more, and assets are less than $50,000.
We offer a comprehensive suite of Florida probate document preparation services about the following:
- Summary Administration Petition – Testate
- Summary Administration Petition – Intestate
- Ancillary Summary Administration Petition – Testate
- Ancillary Summary Administration Petition – Intestate
**We cannot represent you in court or give you legal advice.
In 99% of the cases, the court will enter your order and never require a hearing, so you will never need to go anywhere!
A formal administration is generally the process that is used for larger estates over $75,000, and the decedent has passed less than two years.
Florida law requires that you obtain the service of a Florida Bar probate attorney to assist in the probate process for a Florida Formal Administration. There are other reasons why one may wish to hire a probate attorney and file a petition for formal administration even when it qualifies for a summary administration.
Disposition of Personal Property Without Administration
Disposition of Personal Property Without Administration is an administrative proceeding that is not court-supervised. This type of administration only applies in limited circumstances, which generally involves filing one form in which the court will enter an order. To qualify for an Order of Disposition Without Administration, please refer to Florida Statute 735.301.
This process cannot be utilized to transfer real property as that would fall under a summary administration. The person seeking the transfer of assets must be the one who paid the decedent’s final expenses and final medical bills or be able to provide consent. If the funeral expenses were pre-paid by insurance or medical bills, this would not qualify.
The court will require proof of any payments made.
Need help with Probate document assistance in Florida?
If you feel you need legal advice, contact a Florida probate attorney. Once you have gotten some legal advice and feel comfortable representing yourself, you can contact us by phone or through our contact form on our website for more information.
We are happy to assist you with filling out and filing the proper Florida probate forms.
How we stand out from the rest
South Florida Document Assist is backed with over 25 years of experience. We have provided probate and estate planning document assistant services to thousands of individuals in Florida.
Our customers have impeccable things to say about us, and we go above and beyond for our clients. We offer personalized, fast, and affordable nonlawyer services and will assist you in filing your documents with the probate court.
Our rates are very competitive and generally on a low-cost flat-fee basis for pro se individuals who are self-represented.
This blog does not constitute legal advice or establish an attorney-client relationship.
If you need legal advice, please feel free to contact a lawyer directly.