Can a Florida Probate Be Expedited?

If you’re worrying about losing a loved one anytime soon, you may be concerned about the legal processes involved. It is not just about the grief; you also have to worry about probate.

Probate is the lengthy process of handling the deceased person’s estate, such as their assets and debts. In Florida, probate can take 18 months or longer for complex estates.

After losing a loved one and being chosen as the executor, you may wonder if you can expedite the process. After all, you want to move on as quickly as possible.

In Florida, the most common type of probate is formal administration. This process is court-supervised and lasts at least six months. However, it more commonly lasts around 18 months.

But the good news is that there are a couple ways to avoid this, even if your deceased loved one did not have a trust. Here is what you need to know.

Summary Administration

Summary administration is a simplified probate process available for small estates or when the decedent has been deceased for over two years. It is typically faster and less expensive than formal administration.

However, there are a few eligibility requirements. The total value of the probate estate (excluding exempt assets like a homestead property) must be $75,000 or less. If the decedent has been deceased for more than two years, there is no estate value limit. Ideally, there should be no outstanding debts.If the estate has debts, the court may require creditor notices or payment arrangements.

The process involves:

• Petition for summary administration. This isfiled by a surviving spouse, heir, or personal representative.
• Court review. The court reviews the petition and ensures all legal requirements are met.
• Order of summary administration. If approved, the court issues an order distributing assets to heirs. This takes two to three weeks, on average.

Disposition Without Administration

This is the simplest and fastest way to settle a small estate in Florida without going through probate. It is available when the decedent’s estate consists only of exempt property or expenses paid by the petitioner.

To be eligible, the petitioner (usually a family member) must have paid or be obligated to pay for the decedent’s funeral and medical expenses incurred in the last 60 days before death. The estate must contain only exempt property (such as homestead real estate, household furniture up to $20,000, two vehicles) and nonexempt personal property valued at no more than the final expenses.

The process involves:

• Filing a request. The petitioner files a form with the probate court, including proof of payment for funeral/medical expenses and details of the estate’s assets.
• Court review. If the court finds the estate meets the requirements, it approves the request.
• Asset release. The court issues an order allowing the petitioner to receive the assets without probate.

Contact Us Today

Probate can take many months or even years in some cases. However, you can expedite it in Florida in certain cases.

Let West Palm Beach probate attorney Brian K. McMahon, P.A. assess your case and guide you through the process with ease. To schedule a consultation, fill out the online form or call (561) 658-1789. We serve the West Palm Beach, Boca Raton, Port St. Lucie, and South Florida areas.