Florida Summary Probate
A Florida Summary Probate can be done when either the property in Florida subject to Florida Probate Administration has property subject to creditor claims which is worth less than $75k or the decedent has died more than 2 years ago.
A situation which often occurs to allow a Florida Summary Probate is when a surviving spouse passes away leaving their homestead property to their children. I frequently assist probate clients with Florida summary probate cases and can discuss what are and are not exempt assets from creditor claims for purposes of doing a Florida Summary Probate.
Frequently the petition for summary probate and the petition to determine homestead status of real property will both be filed and related orders to transfer the property to those who are entitled to receive it.
When available a Florida Summary Probate can be more efficient than a formal probate since no personal representative needs to be appointed and depending on which Florida County the Summary Probate is being handled by will typically be a lot quicker than a formal probate could be. For a Broward County Summary Probate for example it can be completed typically within 10-15 court days of all the documents having been received by the Broward County Probate Court. A summary probate is typically only done and moves this quickly however when there are no creditors of the decedent involved. As a Florida Summary Probate Attorney I am experienced with helping with Florida Summary probate law.
While my law firm is based in Broward County and the majority of the summary probate estates that I assist with are for Broward County and Palm Beach County I am typically able to assist with Florida Summary Probate Cases that have no creditors in nearly all Florida counties.
The Florida probate court will want to receive a copy of the paid funeral bill and proof of payment of the last illness of the decedent if available in addition to the regular forms to start the Florida Probate process. I can help advise exactly what documents are needed for your Florida Summary Probate case and assist with the probate administration. The documents can be sent by regular mail and some even to my toll free fax and we can discuss the probate process by phone.
Call Attorney Florida Probate Attorney David Luber toll free for help with your Florida Summary Probate case.