No real estate must be involved. The only assets do not exceed your final expenses or are exempt from the claims of creditors. [1] X Research source
This form is often available on the website of various circuit courts. You may download it and complete a printed copy.
Make copies for yourself so that if the application is lost you will still have a record of your payments.
property held in joint tenancy, such as a shared bank account or a house owned by a couple assets held in a living trust assets where a beneficiary was designated, e. g. , a life insurance policy
Performing a thorough credit check. To gain access to the deceased’s credit reports, you will need letters of testamentary indicating that you are the estate’s personal representative. [4] X Research source However, no personal representative is named in a summary administration. Nevertheless, if debts exist, you will be liable for them for up to two years. [5] X Research source If you are unsure of the deceased’s debts, you may want to forego Summary Administration. If you are filing because two years have passed since the decedent’s death, then you will not have to worry about debt claims against the estate. Florida has a non-claim provision that bars claims after two years of the decedent’s death. [6] X Research source
Send it certified mail so you will have proof of receipt. You may want to avoid summary disposition if you think a beneficiary will object to your plans to dispose of assets. Instead, regular probate may be preferable.
Draft the plan and make sure that all beneficiaries sign it. Asking them to sign the plan will force beneficiaries to fully consider whether or not they agree with the distribution plan.
Process servers can be found on the internet and run between $20-100 for each service.
File at the same time as the Summary Administration. Most judges will issue the Order of Summary Administration and the Order Determining Homestead at the same time, though some will require three months to elapse. [8] X Research source
If for some reason the person nominated in the will is not qualified to serve, then Florida law provides that a person selected by a majority of those in interest of the decedent’s heirs. If that person is not qualified, then any devisee under the will may serve. [9] X Research source
If you have questions while filling out the forms, ask the Clerk for help. Also consult an attorney if the Clerk cannot assist you. Your local bar association may have information on low cost legal help programs in your area.
Always get a form stamped as “filed” along with the date. This is your proof that you filed a particular document on a particular day.
According to Rule 5. 030 of the Florida Probate Rules, a personal representative is required to have an attorney unless he is the sole beneficiary. The attorney is paid out of the assets of the estate. [11] X Research source
Also look through the decedent’s personal effects and papers. A will may be found there.
If a spouse is living, the spouse will inherit the entire estate unless (1) the decedent has descendants who are not descendants of the surviving spouse or (2) the surviving spouse has descendants who did not descend from the deceased. In that case, the spouse takes one-half of the estate. [12] X Research source The decedent’s children take the remainder. If there is no spouse, then the estate passes “per stripes” to the descendants. This means that each branch of the family takes equally. For example, if the descendant had three children, all of whom survive, then the children will each get a third. If one of the children has died before the decedent, then his or her heirs will divide his branch of the estate. To clarify: if the decent had three children—A, B, and C—and all are living, then A, B, and C will each take one third of the estate. If, however, C has already died but left two children, then A and B will each take a third, and C’s third will be divided equally between her two children (i. e, they will take 1/6 each).
Contact the clerk of the court in your county to request a list of appraisers in your area. You may want a rough idea of the value of the decedent’s real estate. Visit the website of the property tax office in the correct county. View estimated market values for similar properties nearby.
Homestead exempt property - Real estate that served as the decedent’s primary residence is exempt. Include all other real property in the calculation. Jointly held property - Jointly held property may pass to the surviving joint owner upon the decedent’s death. [13] X Research source This would make it exempt. Pay on death accounts - Checking and savings accounts, certificates of deposit, and certain security registrations, which list a pay on death or transfer on death beneficiary, are exempt property under Florida probate law. Life insurance, annuities, and some retirement accounts - Accounts paid to a beneficiary upon the death of the owner, pursuant to a contract between the decedent and the account holder, are exempt from Florida probate. [14] X Research source
The surviving spouse A person selected by a majority in interest of the heirs The heir nearest in degree. [15] X Research source The personal representative may not be a minor or a convicted felon.
If you cannot afford a lawyer, contact your local bar association and ask about reduced fee or pro bono assistance. Attorneys are paid out of the estate, and state law provides a fee schedule based on the value of the estate.
