FLORIDA PROBATE SUMMARY ADMINISTRATION DISPOSITION WITHOUT ADMINISTRATION Michelle

FLORIDA PROBATE SUMMARY ADMINISTRATION, DISPOSITION WITHOUT ADMINISTRATION Michelle Garcia Gilbert, Esquire Managing Partner Gilbert Garcia Group, P. A. mgilbert@gilbertgrouplaw. com www. gilbertgrouplaw. com 813 -443 -5087

SUMMARY ADMINISTRATION q Deceased ESTATE < $75, 000 for more than two years or the value of estate, not including homestead real property, less than $75, 000 q No personal representative q Faster process, however less control q Typically q Less q All ESTATE > $75, 000 takes 3 -4 months costly creditors paid s r a e y + 2

DISADVANTAGES OF NOT HAVING PERSONAL REPRESENTATIVE Personal Representative q Challenging to discover decedent’s assets. q More difficult to pay off creditors. q Lenders and bankers will not discuss decedent’s personal information q No power to defend creditor’s claims

STEPS OF SUMMARY ADMINISTRATION PROBATE v Petition for Summary Administration, with or without will v Petition for Determination of Homestead Property, if needed v Petition for Determination of Exempt Property, if needed v Waivers and Consents, or Notice to beneficiaries v Death less than 2 years, Judge waits 3 months before entering orders, in event creditors’ claims are filed

DISPOSITION OF PERSONAL PROPERTY Technically not administration at all. Filing of one pleading and Judge enters order Personal property does not exceed in value sum of funeral expenses ($6, 000 maximum) and reasonable and necessary medical and hospital expenses of last 60 days of illness q Templates online at county clerks q Does not require an attorney to file q q q

PLEASE DIRECT ANY FURTHER QUESTIONS TO probateservice@gilbertgrouplaw. com Michelle Garcia Gilbert, Esquire Managing Partner Gilbert Garcia Group, P. A. mgilbert@gilbertgrouplaw. com 813 -443 -5087 www. gilbertgrouplaw. com