Small Probate - Summary Administration of Estate

Many Floridians don't realize that an attorney is not always required to settle an estate when a family member dies. In Florida, there is a process called Summary Administration of Estate which can be filed pro se (self-represented).

Florida Statute 735.203

(1) ”A petition for summary administration may be filed by any beneficiary or person nominated as personal representative in the decedent’s will offered for probate. The petition must be signed and verified by the surviving spouse, if any, and any beneficiaries ...”

The summary process can be used whether or not the decedent left a will. An estate where the decedent left a will is called a “testate” estate; and estates where there is no will are called “intestate”.

A family member, interested party, heir or beneficiary may file the small probate documents for Summary Administration of Estate pro se. In general, Summary Administration of Estate is appropriate if the value of the estate is less than $75,000. excluding the value of exempt assets such as homestead real property and personal property. If a home is designated as the decedent's Florida homestead, the value of the property is exempt, but the real property still needs to go through probate in order to transfer it from the decedent's estate to the name of a beneficiary or heir.

The summary process is also appropriate when the person has been dead for at least two years. This situation happens more than you might think, as some people (usually adult children) continue to live in the house or condo after a parent dies, or move in after a parent dies, and don't settle the estate. Then, years later, when the adult child wants to sell the property, he has to settle the estate to do so.

Frequently, family members choose to sell the real property of the estate as soon as possible. Choosing a realtor who is familiar with the probate process will make the listing and sales process much easier. Especially when there is a mortgage on the property, efficiency becomes all important. Many families can't afford to pay the mortgage on an unoccupied property for long.

It is possible to sell real property during probate, however doing so usually requires an attorney and a court order. But, if the summary process is appropriate, and the family can wait the two months or so for the judge to sign the Order of Summary Administration, the real property can be transferred at that time. It is not unusual for families to begin marketing the house or condo while the documents are pending, and sometimes even accepting an offer to buy, before the probate process is complete.

The benefit to heirs or beneficiaries in being able to use the summary process are

1. no attorney is required;
2. the filing fees are lower; and
3. the process is faster. The summary process is generally complete in 6-8 weeks, while the formal process can take 1-2 years

Attorneys charge anywhere from $2,500 to $5,000 to provide assistance for a Summary Administration of Estate. Document preparers generally charge around $500. to prepare the Summary Administration documents.

The Florida Association of Legal Document Preparers, FALDP, has member document preparers who prepare documents for Summary Administration of Estate documents. Visit https://www.faldp.org/small-probate-Florida.html to learn more. Or call 800-515-0496.

Pro Se Stories

The Florida Supreme Court Access to Justice Commission has requested that the United Way reach out to Florida residents to gather their stories about pro se litigants. The United Way has in turn reached out to FALDP to help meet the request. We need your pro se stories - successes and failures. Do you know a pro se litigant whose access to the legal system was hindered by not having an attorney? Do you know a pro se litigant who succeeded without any help from anyone? Do you know a pro se litigant who succeeded in their case with the help of a document preparer?

We need specific stories with contact information. Consumers will have control over how their contact information and name are used.

Paraphrased from the Supreme Court's request:

"How will we use the information people share with us? First, we might use the bare facts, without names, in outreach materials explaining the needs the Commission is addressing. Second, we would write stories about the cases or shoot videos. Third, we might provide the names and phone numbers to reporters who are interested in doing stories about improving access to civil justice. Of course, we would do nothing without the permission of each and every person we talk to.

But first we need to find some people willing to talk to us."

Please send your stories to staff@faldp.org - this is huge, the Supreme Court is listening.

From the Florida Supreme Court - Strategic Planning Survey

The Florida Supreme Court is seeking comments from non-attorneys involved in law suits. The survey will be available through January 30, 2015. The following information is posted on the Florida Supreme Court's website.

Take the Survey

Strategic Planning Surveys

The Florida Supreme Court would like to hear from you about the Florida Court System. We are updating the strategic plan for the state courts system and need you to tell us how we are doing, what you think works well, and what may need to be improved. Your opinions are important to us, and they will affect the plans and choices that we make.

Please take a few minutes to leave your comments and help us make our state courts system more effective at providing justice for all.

NON-ATTORNEY COURT USER SURVEY:
Party to a Lawsuit or Legal Action / Defendant / Victim / Witness

If you have been involved in a case or court action recently either as a party to a lawsuit or legal action, a victim, a witness, or a defendant, please click on the image below to take the survey for non-attorney court users.

The Florida Court System is Seeking Comments

The Florida Supreme Court’s Long Range Strategic Planning Workgroup would like to hear from you about the Florida Court System. We are updating the strategic plan for the state courts system and need you to tell us how we are doing, what you think works well, and what may need to be improved. Your opinions are important to us, and they will affect the plans and choices that we make. Please take a few minutes to submit your comments and help us make our state courts system more effective at providing justice for all. 

All responses are completely anonymous; they will be compiled together and analyzed as a group. No one’s answers will be singled out or reported in any way that would allow identification of participants. Survey responses are public record, which must be disclosed upon request, but again, without disclosing any identifying information.

Take the Survey

Five Things to Ask Your Document Preparer

Are you a member of the Florida Association of Legal Document Preparers?

FALDP, the Florida Association of Legal Document Preparers is a statewide trade association specifically for Florida's nonlawyer document preparers? Membership is limited to those who meet standards set by the association and agree to abide by the terms of the FALDP Pledge. Visit www.faldp.org to learn more.


Do you use Florida Supreme Court approved forms?

Florida document preparers should use Florida Supreme Court approved forms whenever they are available. Almost all of the family law forms and landlord/ tenant forms are Supreme Court approved. For other types of document preparation projects, such as bankruptcy and immigration -- there are no Florida Supreme Court approved forms available - your document preparer will use the federal forms for these projects.

Do you provide all the forms that I need for my document preparation project?

Sometimes it isn't clear exactly what will be needed after the initial paper work, but it is important to know whether additional forms will be provided. For example, your document preparer cannot know ahead of time whether or not the other party will answer a petition or complaint. The next step may depend on the actions of the other party. However, it is important to ask whether your document preparer will prepare additional forms if needed, whether those additional forms are included in the initial cost, and if not, how much the cost will be. For example, if the other party is properly served but doesn't answer, your document preparer can prepare a Motion and Order for Default. Some document preparers will include those documents at no extra charge; other document preparers may charge a nominal fee. Ask.

What if the clerk says I need a certain document, and you didn't provide it, will you prepare it if I need it?

Good question. Sometimes local rules change, and your document preparer may not be aware of all local rules. Most reputable document preparers will provide and prepare a local form at no additional charge.

What if there are errors in the documents?

Most document preparers will correct errors at no additional charge, even if the error was not their fault. For example, a misspelled street name that was the customer's mistake. Many document preparers will also make minor revisions at no charge.

How do I check to make sure a document preparer is reputable?

Florida document preparers are not regulated by the State of Florida or the Florida Bar. You can search Rip Off Report, and the document preparer's local Better Business Bureau. These are not 100% accurate, but may give you an overall idea about that document preparer's reputation. Many document preparers are members of the Florida Association of Legal Document Preparers, and you can find out more about a certain document preparer by visiting the site - www.faldp.org - or calling and asking about them - 800-515-0496.