Does Florida Probate Apply to Small Estates?

There are other options than formal administration for smaller estates in Florida, but certain criteria must be met.

Many people understand that probate is a long and involved process in Florida. It can also involve creditor claims that potentially devalue an estate, and conflicts within the family may also arise if someone wants to challenge a will or trust. The process may not seem worthwhile when an estate is quite small. Florida does have some options for expediting the probate process or avoiding it altogether. Below, our West Palm Beach probate attorney explains further.

Disposition of Personal Property Without Administration

Disposition of Personal Property Without Administration is a process that simplifies the management of a person’s estate after they pass away if the value of the assets in the estate falls under a certain limit. The process allows loved ones to bypass the court supervision that is required during probate. Estates are eligible for this process when the total value of assets in the estate is not greater than the total costs of funeral expenses, and medical expenses for 60 days before the death.

A surviving spouse or other close relative typically initiates the process by filing an affidavit with the probate court. The affidavit must then state the value of the estate, excluding exempt property, and the value of any homestead that is protected. The affidavit must also state that these values do not exceed the limits set by Florida law.

To ensure Disposition of Personal Property Without Administration proceeds smoothly, the affidavit should also include a list of all property of the decedent. It should include personal belongings, bank accounts, and other personal property. If the court approves the petition, the court will release the property in the estate, and it will be distributed to the person who has the legal right to it.

Summary Administration

If an estate is small but does not qualify for Disposition of Personal Property Without Administration, it may be eligible for summary administration. Summary administration is an expedited type of probate. To qualify, the assets within an estate cannot exceed $75,000 or less, or the decedent must have been deceased for at least two years. When a homestead was the primary residence, its value was not included in the calculation of the estate’s value.

While formal administration of an estate can take several months or longer, summary administration can be completed within two to three months. This is largely due to the relaxed requirements. For example, estates going through summary administration do not require a personal representative.

Our Probate Lawyer in West Palm Beach Can Help You Through the Process

If you have lost someone you love and are now facing the administration of their estate, our West Palm Beach probate lawyer at Brian K. McMahon, P.A., can help you through the process. Call us today at (561) 658-1789 or fill out our online form to schedule a consultation with our experienced attorney and to get the legal help you need.