Small Estates 

In general, when someone dies, the estate must go through probate which can be a complicated and lengthy process. But many states provide less complicated options for smaller estates.

Florida law provides for simplified probate when the value of the entire estate subject to administration less the value of property exempt from the claims of creditors does not exceed $75,000.  The personal representative may file a petition for summary administration with the court.

 Another option is available when the value of the personal property of the decedent does not exceed the sum of the amount of preferred funeral expenses and reasonable and necessary medical and hospital expenses of the last 60 days of the last illness of the decedent.  The interested party may apply for simplified administration by affidavit, letter, or other writing.

Questions & Answers: Simplified Probate for Small Estates in Florida

My husband passed on 1-25-2012. He was involve in law suits for mesotheloima. How do I become his personal representative?...

My condolences on your loss. Be sure to inform the attorneys handling the lawsuits of your husband's death. They will be able to file any necessary paperwork with regard to the la...

Petitioner may file if estate is under $75,000 or if the decedent has been dead for more than two years....

My father passed away June 9, 2011. My brother and I did not file probate, even though we qualified for summary administration since my dad's estate was small enough for it. We jus...

Bookmark

Comments (4)

Norma Clark: ...

My husband passed on 1-25-2012. He was involve in law suits for mesotheloima. How do I become his personal representative?

1

March 16, 2012

Steven Daily: ...

My condolences on your loss. Be sure to inform the attorneys handling the lawsuits of your husband's death. They will be able to file any necessary paperwork with regard to the lawsuits. For other estate/probate purposes, however, it is hard to say much without knowing a few things. Was there a will? If so, did it designate an executor? In any event, becoming a personal representative involves filing some type of probate paperwork with the local court. The type will depend on the size and nature of the estate. Here is more information on becoming a personal representative:

http://www.lawserver.com/law/state/florida/statutes/florida_statutes_chapter_733_part_iii

As always, I recommend you consult with a local attorney who can advise you on specifics.

2

March 19, 2012

Joanne Curran: ...

Petitioner may file if estate is under $75,000 or if the decedent has been dead for more than two years.

3

May 09, 2012

Laura: ...

My father passed away June 9, 2011. My brother and I did not file probate, even though we qualified for summary administration since my dad's estate was small enough for it. We just did not have the funds to do so. We still do not have the money to pay for an attorney to file for probate to have the deed to the house changed over to our names. He had a valid will (an attorney verified it was valid), and the house has no mortgage. My aunt's name is also on the deed, but father's "half" was willed to my brother and me, to be divided equally. All other assets have been divided. I reside in CT, and my brother is living in the house, where he was living with my father before he passed away. Is there some way that we can file the petition or whatever paperwork needs to be submitted without retaining an attorney? We just simply do not have the funds... thank you for any information.

4

March 30, 2013

Post a comment or question below.

Name

Email

Comment smaller | bigger

Add Comment