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FAQs / Probate Process / Is there a small estate exception to probate?

Is there a small estate exception to probate?

Florida allows a process called “disposition of personal property without administration” for any estate’s with probate assets that are valued at less than the reasonable funeral expenses and medical bills for the last 60 days. It is a process mainly intended to allow a person who has paid for the decedent’s final expenses to be reimbursed through the assets of a decedent’s estate.

Unlike many northern states, Florida does not have a “Small Estate Affidavit or Application”.  Instead, Florida allows “summary administrations” for estates with assets less than $75,000 which do not qualify for disposition without administration.  Summary administrations are only a good option in a narrow set of circumstances, often when there is only one asset which is being transferred to a single beneficiary.  One of the major drawbacks of the summary administration process is that an executor, or personal representative, will not be appointed, so there is no fiduciary who can sign off on paperwork or file claims on behalf of the estate.

Formal probate administration is the typical and recommended route for most estates.  During a formal probate administration, a personal representative (PR) is appointed by the court.  The personal representative will be empowered to collect probate assets, as well as financial records and medical records on behalf of the decedent.  A 90-day creditor period is required during a formal probate administration, but once the creditor period has expired most, if not all, claims will be barred. A formal probate provides the greatest flexibility for the surviving family members or beneficiaries.

Seek Professional Guidance for Estate Planning

 

Florida Probate Law Firm Team

 

 

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.

Probate Process FAQs

  • Where is probate handled?
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