Similar to standard probate proceedings, summary administration is a simplified version of probate that involves more efficient proceedings for eligible estates. To be able to file for summary administration two of three conditions need to be met according to Section 735.201 of the Florida Statutes:

1. The decedent’s will does not specifically state that it is to be probated formally as per Chapter 733.
2. The entire value of the estate’s assets that are non-exempt (more on this below) is $75,000 or less. OR
3. The deceased has been deceased for two years or more.

If the above criteria have been met, you will be eligible for summary administration in Florida assuming there are no unforeseen complications. As we noted earlier, the value of the estate only includes non-exempt assets as part of the valuation.

To make this as straightforward as possible, here is an outline of what kinds of assets count as exempt or non-exempt.

Assets that do count towards estate value:

• Accounts such as banking or investment accounts were solely owned by the decedent with no designated beneficiaries.
• Individual Retirement Accounts (IRA), life insurance policies, or annuities that contain no designated beneficiaries.
• Property owned solely by the decedent (they are the only person on title), or property that is held by them and a tenant in common without any right of survivorship.

Assets exempt from estate value:

• Trusts - Any valid, living, revocable, or irrevocable trusts are official assets of the trust and its beneficiaries, thus they are not part of the probate process.
• Accounts containing designated beneficiaries - Retirement funds, life insurance policies, investments, and other accounts that contain a designated beneficiary upon the owner’s death are exempt from probate.
• Jointly owned property with survivorship rights - Any property that is owned equally by two or more persons with the ownership rights passing onto the other in the event of death, is considered exempt.
• Life estate deeds - Any type of real estate which passes to another owner (also called a remainderman) under a life estate deed or enhanced life estate deed–such as a Florida lady bird deed–is exempt from the valuation process.

Although the summary administration process may seem quite efficient, there are some legal circumstances to be aware of. One of these is Florida’s Homestead Law.

Roughly defined, a Florida homestead is any primary place of residence located in Florida. In estate administration situations, this relates to the type of real property owned by the decedent. If the decedent did own a Florida homestead, this special type of asset is automatically passed on to their heirs according to Florida’s Constitution. However, this does not imply that the heirs have a clear title (have the ability to sell the property).

Often the heirs will require an Order Determining Homestead before issuing a title change. Additionally, a separate proceeding to determine that the decedent did own a homestead will need to be processed along with the summary administration.

This added step can prolong the entire process, but typically both Orders are completed within four to eight weeks.

Generally speaking, summary administration can be completed within 2-4 months, whereas formal administration will take at least 1 year to close. This timeline may be shorter or longer depending on factors such as:

• Whether the deceased owed money (had creditors)
• If the estate contains no non-exempt assets
• If the deceased has been dead for two years or more

Most attorneys will charge a flat fee for summary administration, which can range from $1,500 to $3,500 depending on the nature of the assets within the estate, outstanding creditor claims, and the number of beneficiaries listed.

If you choose to file the summary administration yourself, the Court costs alone range from $300 to $500.

Looking for Expert Advice Without the Cost?

If summary administration sounds like a viable option, but the high attorney costs don’t consider getting in touch with one of ClearEstate’s estate administration professionals.

Whether you only need a quick Zoom call, or a long meeting to determine the value of the estate, we can help.

Contact us today with any questions you may have about summary administration - we're happy to help :)