Real Property, Probate & Trust Law Section Executive Council Committee The estate may be administered in the same manner as the administration of any other estate, or it may be administered as provided in this part. file, so the mortgage company will talk to me? endobj To begin a Florida summary administration, the petitioner must obtain the correct Florida summary administration forms and file a petition for summary administration with the circuit court that has jurisdiction over the estate. Me: So, a serious question here maam. SUMMARY ADMINISTRATION CHECKLIST . I've had trouble finding these forms on the county's website. Summary Administration Florida Probate Secrets Formal Notice; Any known or reasonably ascertainable creditor who did not consent to the proposed distribution and for whom provision for payment was not made may enforce the claim and, if the creditor prevails, shall be awarded costs, including reasonable attorney fees, against those who joined in the affidavit. For instance, in a Florida summary administration there is a petitioner, but no personal representative. #google_translate_element2 {display:none!important;}, Meet the ClerkDuties of the ClerkHistory of the Clerks OfficeHoliday Schedule Office LocationsPurchasing, AnnouncementsPress ReleaseseNewsletterInvite The ClerkSocial Media, General InformationBenefitsSearch JobsVolunteer Program, About the Recording DivisionDeposit AccountseRecording LoginMarriage Licenses PassportsSearch Official/Land RecordsTax Deed SalesRisk Alert Enrollment, AppealsCivil CourtCriminal CourtFamily Law GuardianshipJury ServiceJuvenileMental HealthProbateTrafficE-FileOnline Case SearchSelf-Help Center & Videos, Clerks AccountingFinance Clerk to the Board, Board Minutes & RecordsLobbyist RegistrationValue Adjustment BoardValue Adjustment Board Petitions, StructureAudit Services UnitPublic Integrity UnitReport Fraud, Waste, & Abuse ReportsResources, Collier County Clerk of the Circuit Court The whole purpose of summary administration is for it to be an expedited form of probate. It is important that you keep the receipt/file number in a safe place, as you will need it when you prepare your petition for summary administration. Proposed probate orders must be typed and presented to the probate judge utilizing the specific methods that the judge has mandated. In this county, they are very serious about their customer-completed checklists too, but they make a little game of it. Probate. Because of this, formal administration is the best form of probate for most estates. <> Miami-Dade Clerk of the Courts is not responsible for the content 34 0 obj 9. There are two main types of probate administration under Florida law: formal administration and summary administration. The fees for an attorney in a Formal Administration are often within the range of 3-5%. 75-220; s. 1, ch. <> s. 1, ch. endstream :Wcqq>?=!{KS'n%u;Ou'qyhs<=ISF|;8C"d NL%rGKtvw9$=.#EMC Rz^.|Ah]yMS)1)MK~l&nsyfk!$ Any heir at law of the decedent entitled to a share of the intestate estate pursuant to s. 732.102 or s. 732.103 may by affidavit request distribution of assets of the decedent through informal application under this section. Specific information regarding real property (homestead, real estate, etc.) More often than not, that isnt so. Self-Represented/Pro Se Litigants: Since June 2014, the statewide efiling portal permits pro se litigants to efile. endobj should be good to go. Probate Orders - Petition for Summary Administration - Florida Document The court simply issues an order stating who is entitled to distribution of the decedent's probate estate. endobj If you already have the checks made out to an estate, youll have to contact the bank, insurance company, etc., and ask them if they would be willing to cancel the checks and wait for an order of summary administration from the judge. The family member may use an affidavit in substantially the following form to fulfill the requirements of subsection (3): The financial institution is not required to determine whether the contents of the sworn affidavit are truthful. {MXrG=*KC`C/JQ-$5)#}KdDdq,P/[:I bx `_u9@&qB/8!~AF[An0]zu7wBR7bwwW48d5KcRb7gw;vOl's@n:knnf#jQztT>Rv~ ;-_dI*TJ,;*Jzh~&@Xv FY27BEd6*v8&8s/"Ulf9:jC"'c)lGVn9E#ILF> BgEDp` gvE|dG>vqB"6= ~64aChdY*D:f |/FWm1,g-:>NR`~YzC NVXGkRMi9sq@jUS2^nZnkPoIioq~aB~08tq0 }9'J{0[;;sp:{t1_\:DyN"L8hSI;KD69^N/p{e|NC4O AQBk!#B.Zy? =;>@#V^MWw/5+Bk&-8*-;v3Kzm= H)J)6Y]$aTpG=;$MiVJqt-n/,6VE-O/+m_RI/ZzU;-kw|fwXhs,i+RDM@Z}9axN?9On-iY4n One such challenge is how to actually get proposed summary administration probate orders in front of a judge to be reviewed and signed. Filing a Florida summary administration case involves more than just. Processing time in the courts is unpredictable and depends on things such as the size of the county, the workload and efficiency of the court, and even the time of year (vacations, holidays, etc.). Before the filing of the affidavit, the affiant must make a diligent search and reasonable inquiry for any known or reasonably ascertainable creditors, and the proposed distribution must make provision for payment of those creditors to the extent that assets are available or the creditors must consent to the proposed distribution. Apparently, before COVID, the only way to get the forms was to go to the Clerks office (120 miles each way for me) in person. 2001-226. 3. Date PETITION FOR SUMMARY ADMINISTRATION: Florida Statutes 735.201, 735.203 and 735 . It generally names a personal representative to administer the estate. directly with the Probate Clerk's Office. endobj The Petition demonstrates the eligibility for summary administration, (i.e., the decedent died over 2 years ago or the value of the estate, less exempt property, does not exceed $75,000). If you dont have any information, a summary administration is probably not going to work for you. Florida probate laws provide for several types of probate administration, of which the fastest and simplest is Summary Administration. PDF Checklist for Opening Estate Summary Administration Intestate You must first register for an E-Courtesy account, and then have your proposed orders ready to upload in Microsoft Word format. The clerk will give you a receipt for the deposit of the will and a corresponding file number. courthouse in as little as three days! Sometimes mistakenly referred to as "Summary of Administration", it is often used for a direct distribution of readily identifiable assets and is the alternative to Formal (Traditional) Administration. }); I would like to take this opportunity to express my gratitude to Mr. John Bayne. We have called and written Dade County and Leon To qualify for a Florida summary administration: Yes. Probate: Summary Administration - Lopez Law Group Crystal K. Kinzel While I was waiting for the paralegal to show up, I submitted the Proposed Order to Admit the Will. We have seen pro se parties receive signed orders in as little as a week after filing and as long as 7 months. Its always a good idea to read the websites associated with the clerk of court and the judicial circuit youre filing in, to find out if their probate judges have any local procedures or administrative orders that you need to be concerned about. .goog-text-highlight {background-color:transparent !important;box-shadow:none !important;} 4 0 obj by: Roger Dalkin These answers are merely suggestions and Florida Summary Administration is a shortened form of probate that requires less time and effort than formal administration. This section shall be construed as establishing the ownership or rights of the payee in the refund. Probate assets are those assets that were owned in the decedents sole name at death, or that were owned by the decedent and one or more co-owners and lacked a provision for automatic succession of ownership at death. About the ClerkCourt ServicesDisclaimerDuties of the Clerk FinanceRecording Services Records SearchJury Service Privacy Statement Probate Traffic, Custodian of Public Records Contact InformationIlonka E. WashburnCollier County Clerk of the Circuit Court and Comptroller3315 Tamiami Trail E., Suite 102Naples, FL 34112(239) 252-7531PublicRecordsRequest@CollierClerk.com, Crystal K. Kinzel Clerk of the Circuit Court & ComptrollerCollier County, Florida 3315 Tamiami Trail East, Ste. This online tool is to register for your jury service, ask for excuse/disqualification, summary administration. If the petitioner chooses to proceed without an attorney, he may research the requirements and find necessary forms for filing a Summary Administration. Depending on the asset and your relationship to the decedent, you may only need a death certificate and certified copy of the will. These include facts showing why the estate qualifies for summary administration, and information about the estates assets along with a proposed plan to distribute them. Request certified copies for probate cases online, by mail or in person. If the decedent did not live in Florida, the petition is usually filed in the county where the decedent owned real property. [ 24 0 R] If there is no surviving spouse, to one of the decedents children who is designated in a verified application purporting to be executed by all of the decedents children over the age of 14 years. The judge replied that she could not make sense of the petition (it was a rambling 28 pages long) and told the petitioner that an order would be forthcoming. Petition for Summary Administration and Other Florida Probate Forms 32 0 obj A typical bundle of proposed Florida pro se probate orders may consist of: With some small, friendly Florida counties, getting your orders before the judge can be as simple as calling up the clerk of court, (a real human will answer on the first or second ring) and asking the clerk what their local procedures are for accepting proposed orders of summary administration. The order is very specific, it states the asset is to be devised to the petitioner. Probate Court - Miami-Dade County (d)A personal representative has not been appointed to administer the decedents estate, and no probate proceeding or summary administration procedure has been commenced with respect to the estate. Part of the checklist asks you to refer to the Docket Numbers and Docket Line Number that corresponds to the items on the checklist. PDF IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL - Florida Courts