Do You Qualify For Summary Administration Or Disposition Without Administration?

Anyone whose financial situation went from bad to worse because of the costs and time commitments involved with the probate of a deceased family member’s estate can tell you that it is a mistake to believe that you do not need to write a will.  Probate isn’t just about money; it is about decision-making authority.  In probate court, someone acts as the personal representative of your estate and has the right to pay debts out of the estate’s assets and even to sell its property if the will indicates this or if it is necessary to satisfy the decedent’s outstanding debt obligations.  You cannot be so poor that putting your instructions in writing about what to do with your remains and your debts will not make life easier for your family than not writing these instructions down, but it is possible that the value of your property is not high enough to warrant the full probate process for your estate.  To find out more about probate alternatives for estates where the decedent owned a modest amount of property, contact an Orlando probate lawyer.

Summary Administration Is for Small Estates

Summary administration is a faster, simpler way of settling a deceased person’s estate than formal probate.  The estate is eligible for summary administration if the following conditions are present:

• The decedent’s non-exempt assets have a value less than $75,000
• The decedent’s will does not bar summary administration
• More than two years have passed since the decedent died
• The decedent did not owe any outstanding debts, and if he or she did, then the creditors do not object to summary administration

In summary administration, the court does not appoint a personal representative for the estate.  Instead, the person who petitions the court to open the estate for summary administration becomes responsible for creditor claims against the estate for two years, beginning from the day the estate opens.

Disposition Without Administration Is for When the Decedent Was Flat Broke

Disposition without administration is an option when the decedent owned almost nothing or suffered a financial catastrophe at the end of his or her life.  The estate is eligible for disposition without administration if the decedent owned no non-exempt assets, or if the value of the decedent’s non-exempt property was less than the cost of funeral expenses and the medical expenses incurred during the last 60 days of the decedent’s life.  To accomplish disposition without administration, you must only send a written affidavit to the probate court.  Once the probate court issues a court order for disposition without administration, you are free to distribute the decedent’s property to the heirs.  In this case, the decedent’s final tax refund will go to the nearest surviving family member.

Contact Gierach and Gierach About Probate Cases Involving Financial Hardship

A probate lawyer can help you in your task as personal representative of the estate of a decedent who left behind little property.  Contact Gierach and Gierach, P.A. in Orlando, Florida to discuss your case.

Source:

aboutfloridaprobate.com/2018/02/28/3-ways-to-probate-an-estate-in-florida/