STEP 2: DETERMINE WHICH TYPE OF PROBATE YOU NEED TO FILE

There are 2 main types of probate cases that can be filed in Florida when someone passes away: Summary Administration or Formal Administration. A Summary Probate Administration is a shorter and simpler process. A Formal Probate Administration takes longer and there are more steps to complete than in a Summary Administration.

So, which probate process will you need to use in your case? We have to look at your specific circumstances to determine what type of probate case must be filed. But, the following will give you a good idea of whether or not your case is eligible for a Summary Administration.

FIRST TEST: DOES THE CASE MEET THE INITIAL REQUIREMENTS FOR SUMMARY ADMINISTRATION?

Has the deceased been dead for more than 2 years?
If you answered YES, you meet the initial requirements. Proceed to the SECOND TEST.
If you answered NO, proceed to the next question.

Do the non-exempt assets total $75,000 or less?
If you answered YES, proceed to the next question.
If you answered NO, you do not qualify for a Summary Administration. You will likely have to file a Formal Administration.
*What are exempt assets? Review STEP 1 to learn about exempt assets.

Is the estate indebted (does the deceased owe debts)?
If you answered YES, proceed to the next question.
If you answered NO, you meet the initial requirements. Proceed to the SECOND TEST.

Has provision for payment of the debts been made or do you intend to make such provisions?
If you answered YES, you meet the initial requirements. Proceed to the SECOND TEST.
If you answered NO, you will not qualify for a Summary Administration. You will likely have to file a Formal Administration.

Note: In a Summary Administration case, the petitioners will affirm under penalty of perjury that they know of no debts owed by the deceased or that arrangements for payment of debts have been made.

SECOND TEST: EVEN IF THE CASE MEETS THE INITIAL REQUIREMENTS, IS THERE SOME OTHER REASON THAT YOU MIGHT NEED TO FILE A FORMAL ADMINISTRATION? If you answer YES to any of these questions, it is likely that you will need to file a Formal Administration:

Did the deceased leave property that is titled in a business name?

Is there a Wrongful Death case pending or going to be filed in regard to the death of the deceased?

Is there a reason that you need to appoint a personal representative to obtain information? For example, do you think there are bank or similar accounts that contain funds but the bank won’t give you any information? If so, a Formal Administration will likely have to be filed to appoint a Personal Representative to find out the details about the account.

Does the decedent’s Last Will direct that there be a Formal Administration? Note that most Wills do not require Formal Administration.

Is there real property that is in foreclosure?

WHAT IS THE NEXT STEP?Please CALL 239-997-0078 or EMAIL my office now to schedule a free 30 minute telephone or in-person consultation to discuss what to do next.