Fear of Probate

A beloved member of the family has died.  Now, on top of everything else, you have to worry about taking care of a loved one’s estate.  First, you need to take the time to grieve and deal with the emotional trauma.  In order to allow this, it is a good idea to consult an attorney experienced in probate, wills, trusts & estates.  This does not mean you have to proceed with the probate immediately, but at the very least, an early consultation with the probate attorney will allow you to plan for dealing with your loved one’s estate, after the often hectic and harried complexities of a family funeral.  Fortunately, in some cases, Florida law allows simple and expeditious probate of estates by summary administration.  Summary administration is a quick and simple process; usually requiring filing only a single petition to obtain a final Order of Summary Administration.  Summary administration is limited to estates worth up to $75,000 (not including exempt property such as a decedent’s qualified homestead), or, in which more than two years has elapsed since the decedent’s death.

Summary administration is often available regardless of whether or not there is a written will.  Additionally, even if the decedent has a homestead worth more than $75,000, summary administration is still frequently available.  In such circumstances, we usually suggest filing a petition for determination of homestead in conjunction with the petition for summary administration.  This usually results in two (2) orders: an Order Of Summary Administration, and an Order Determining Homestead.  These orders will actually complete the process of retitling the estate assets.  Normal expenses of summary administration currently run between $400 and $600.  This includes the probate court filing fee, and publication of a notice to creditors.  Attorney fees are subject to negotiation and agreement. In some cases, a summary administration can be performed on a flat fee basis, assuming all interested parties, heirs at law, or beneficiaries cooperate in executing the necessary documents, including the petition or petitions.

So, there is no need to panic.  Take care of your family, grieve for your loved one, and let a qualified attorney help you.