The grief of losing a loved one can increase when you think about Florida’s probate process. This usually takes a lengthy period, which can prevent you and your family from moving on. You may have the option to expedite the process, provided that you meet the state’s eligibility requirements.
How Florida’s summary administration works for families
A summary administration is the shorter and less expensive probate process. Unlike traditional probate, this can conclude within a few weeks.
It is important to note that not all families in Florida qualify for summary administration. You may only apply for this if the decedent’s non-exempt probate estate value does not exceed $150,000 starting July 1, 2026.
If a family member passed away before the effective date, you can only petition for summary administration if their estate value does not exceed $75,000.
Kinds of assets that go through probate
Not all belongings of your loved one count in probate. Common probate assets usually include:
- Real estate property titled in the decedent’s name
- Cars, motorcycles and boats
- Artworks, cryptocurrencies, collectibles and jewelry
- Business interests and physical cash
- Bank or brokerage accounts with no designated beneficiaries
Calculating the sum of all these values will determine whether you can use summary administration. Exempt assets, such as the family home, two personal vehicles and accounts with designated beneficiaries, do not count toward the cap.
When the two-year rule exception applies
You can also apply for summary administration if the decedent has been deceased for more than two years. This means that estates that exceed the financial threshold can bypass the lengthy process.
The reason why this rule exists is because of Florida’s statute of repose for creditors. They must file their claims within two years of the decedent’s death. If this window passes without creditor claims, the court can safely transfer the estate to the beneficiaries.
However, you cannot proceed with a summary administration if the decedent’s will forbids it. The court respects any defined terms that command the estate to go through formal administration.
Proceeding with caution and proper guidance
Summary administration can save your family time and money, but only if your eligibility is calculated perfectly. Missing a single non-exempt asset can disrupt the entire process.
Eliminate the guesswork. Put decades of proven Florida probate experience in your corner. Contact Nelson C. Keshen, P.A., today to schedule a consultation and to secure the experienced guidance your family deserves.