Florida Probate Administration Attorneys

How Does Formal Administration Work?

The formal probate process involves the application by a qualified fiduciary to be appointed personal representative. That person might have to post a bond, or the court can require a restricted depository in lieu of a bond. A restricted depository is a bank account from which no withdrawals can be made without a court order. Both the bond and the restricted depository are intended to protect beneficiaries from maladministration, whether intentional or accidental.

The duties and powers of the personal representative are set forth in great detail in the statutes, as are formulas for compensation for the personal representative and their attorney. Creditors must be notified and given an opportunity to present their claims to the personal representative. Once the assets have been marshaled and the creditors have been satisfied, then the personal representative must account to the beneficiaries for the period of administration and distribute the assets to them. Upon successful completion of administration, the personal representative is discharged from any further duties and liabilities.

How Long Does Formal Administration Take?

The formal probate process can take anywhere from 4-6 months to many years, depending on the nature and complexity of the case and whether litigation is involved.

What Is Summary Administration?

According to Fla. Stat. §735.201, summary administration can occur in the administration of either a resident or non-resident decedent’s estate when it appears in a testate estate (one where the decedent had a will), the will does not direct administration, or when the value of the entire probate estate in Florida does not exceed $75,000 or the decedent has been dead for more than 2 years.

For example, if a decedent dies with $35,000 in assets subject to probate, then summary administration can be utilized because the size of the estate is small. If a decedent dies with $100,000 in assets subject to probate and has been dead for 4 years, then summary administration can be used because of the length of time that has passed since the decedent’s death.

Why Is There a 2-Year Rule for Summary Administration?

The reason for the 2-year rule is that there is a statute that limits claims against an estate to two years. Fla. Stat. §733.710 states that “notwithstanding any other provision of the code, 2 years after the death of a person, neither the decedent’s estate, the personal representative, if any, nor the beneficiary shall be liable for any claim or cause of action against the decedent, whether or not letters of administration have been issued, except as provided in this section.” (The exceptions are for creditors who timely filed claims under Fla. Stat. §733.705 and purchase money security interests, e.g. mortgage).

This “limitation on claims against estates” statute is called a statute of repose. It provides a date upon which (2 years after the date of death) the creditor’s action no longer exists, whether it has accrued by that date or not, so it entirely cuts off a creditor’s right of action. It is a stricter deadline than a statute of limitations because it may not be tolled by fraud, discovery of claim, etc.

Disposition of Personal Property Without Administration

The other abbreviated form of probate administration is called “disposition of personal property without administration.” This type of probate is not technically administration at all. It involves the filing of one pleading on which the court will issue an order. It is available only if the decedent had only exempt personal property (for example, a personal use automobile) and non-exempt property that does not exceed in value the sum of preferred funeral expenses ($6,000 max) and reasonable and necessary medical and hospital expenses of the last 60 days of illness.

Our Florida Probate Administration Attorneys Can Assist You Today

Adrian Philip Thomas, P.A. is a boutique law firm that specializes in a wide variety of probate matters. We know that probate and trust litigation are complex areas of the law that require specialized knowledge, which is why we are here to guide you through each phase of the legal process. We measure success by the satisfaction of our clients, so please do not hesitate to contact us to discuss your case.

Related Readings:

• Top Mistakes Executors Make During Probate Administration
• What are Probate Bonds?
• Can Non U.S. Citizens Inherit Property

Give us a call at (954) 764-7273 to schedule a complimentary consultation with one of our probate administration lawyers. 

Understanding the Probate Process: Your Questions Answered

Navigating the probate process can be overwhelming, especially during a time of loss. At Adrian Philip Thomas, P.A., we believe that knowledge is power. That’s why we’ve compiled a list of frequently asked questions to help demystify the probate process and empower you to make informed decisions.

Common Questions About Probate:

• How long does the probate process take? The timeline can vary based on the complexity of the estate, but we will guide you through each step to ensure a smooth process.
• What are the costs associated with probate? Understanding the potential costs can help you prepare financially. We provide transparent information on fees and expenses involved.
• Can I avoid probate? There are strategies to minimize or avoid probate altogether. Our attorneys can discuss options such as trusts and joint ownership.
• What happens if there is a dispute among heirs? Family disputes can complicate the probate process. Our firm is equipped to mediate and resolve conflicts effectively.