Most states have enacted laws for the expedited probate administration of small estates in order to enable heirs to obtain property of the deceased provided certain requirements are met. As a result, small estates may be summarily administered with less time and cost. If the deceased had conveyed most property to a trust but there remains some property, small estate laws may also be available.

If the value of the estate subject to probate in Florida (not including property exempt from the claims of creditors such as homestead real property) is not more than $75,000, and if the debts of the deceased are paid, or the creditors do not object, Summary Administration may be available. Those who receive the estate assets in a Summary Administration may remain liable for claims against the deceased for two years for the death of the decedent. If the deceased has been dead for two years and there has been no previous administration, Summary Administration may also be available.

An estate may skip probate administration altogether if the requirements of a Disposition Without Administration are met:

The estate of the deceased had no real estate in the name of the deceased only on the date of death;

Certain qualified expenses (such as funeral expenses of up to $6,000, and medical and hospital expenses for the last 60 days of the deceased last illness) must be equal to or more than exempt assets (such as household furniture, furnishings and appliances at the deceased’s residence up to a net value of $10,000; automobiles held in the deceased’s name and regularly used as a personal automobile; Florida Prepaid College contracts and Florida college Savings agreements; and benefits paid to survivors of teachers and school administrators;

The expenses must be paid out-of-pocket by the individual seeking the assets unless there is an assignment;

Unpaid funeral bills and medical bills will be paid to the funeral home or medical care provider; and

Exempt property will be claimed by the surviving spouse or children of the deceased.

The filing to initiate a Disposition Without Administration should be after 30 days of the death of the deceased in the county where the deceased resided and requires the death certificate, paid and unpaid medical, hospital and funeral expenses, asset documentation reflecting ownership, and the Last Will & Testament of the deceased, if one exists.

Spiegel & Utrera, P.A. stands ready to help you during the administration of your loved one’s estate.

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