Is there a small estate exception to probate?

Q: Is there a small estate exception to probate?

Florida provides limited alternatives to formal probate for certain smaller estates. One option is Disposition of Personal Property Without Administration, which is governed by Fla. Stat. § 735.301. This process may be available when probate assets are valued at less than the reasonable funeral expenses and medical bills incurred during the last 60 days of the decedent’s life, and it is commonly used to reimburse a person who paid final expenses. Unlike many states, Florida does not use a traditional small estate affidavit. Instead, Florida allows Summary Administration under Fla. Stat. § 735.201 for qualifying estates, including those with probate assets of $75,000 or less (excluding exempt property), or when the decedent has been deceased for more than two years. Summary administration can be a practical option in limited circumstances, but no personal representative is appointed, which can make it harder to handle certain estate tasks. Formal probate administration is the most comprehensive process. In a formal administration, a personal representative is appointed by the court under Fla. Stat. § 733.301. Formal administration also includes creditor claim deadlines, including a 90-day period for creditor claims under Fla. Stat. § 733.702, after which many untimely claims may be barred. Formal probate often provides the greatest flexibility for beneficiaries and families when estates involve multiple assets, creditors, or more complicated issues.

Florida law does provide limited alternatives to formal probate administration for certain smaller estates. One such option is called Disposition of Personal Property Without Administration, which is governed by Florida Statutes § 735.301.

Florida allows this process for estates that contain probate assets valued at less than the reasonable funeral expenses and medical bills incurred during the last 60 days of the decedent’s life. This procedure is primarily intended to allow a person who paid the decedent’s final expenses to be reimbursed directly from estate assets without opening a full probate case.

Disposition of Personal Property Without Administration

Under Florida Statutes § 735.301, this simplified process may be available when:

The value of probate assets does not exceed funeral expenses and final medical bills, and
The person requesting distribution has paid or is responsible for those expenses.

This process does not involve the appointment of a personal representative and is limited in scope, making it unsuitable for many estates.

Summary Administration in Florida

Unlike many northern states, Florida does not have a traditional “Small Estate Affidavit” or “Small Estate Application.” Instead, Florida law permits summary administration, which is governed by Florida Statutes § 735.201.

Summary administration may be available when:

The value of the estate subject to probate is $75,000 or less, excluding exempt property, or
The decedent has been deceased for more than two years.

Summary administrations are typically only appropriate in a narrow set of circumstances, often when there is a single asset being transferred to one beneficiary. One significant drawback of summary administration is that no personal representative is appointed, meaning there is no fiduciary with authority to sign documents, obtain records, or pursue claims on behalf of the estate. This limitation can create challenges when dealing with financial institutions or unresolved estate matters.

Formal Probate Administration

Formal probate administration is the most comprehensive probate process and is the typical and often recommended route for many estates. During a formal probate administration, a personal representative is appointed by the court pursuant to Florida Statutes § 733.301.

The personal representative has authority under Florida law to:

Collect and manage probate assets,
Obtain financial and medical records on behalf of the decedent, and
Address creditor claims and estate obligations.

A 90-day creditor period is required during a formal probate administration under Florida Statutes § 733.702, during which creditors must file claims. Once this period expires, most untimely claims are barred. Formal probate provides the greatest flexibility and legal authority for surviving family members and beneficiaries, particularly when estates involve multiple assets, creditors, or potential disputes.

Seek Professional Guidance for Estate Planning

Understanding the nuances of Florida’s probate laws can be challenging. If you’re managing a small estate or need guidance on the probate process, contact the Florida Probate Law Firm today. Our experienced probate attorneys can help you determine the best course of action for your specific situation and ensure that the estate is handled efficiently and according to law.

Call us at (954) 833-5139 or visit our website to arrange a free consultation. We are here to assist you with every aspect of estate planning and probate administration.

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