Probate is the process of distributing the assets of an estate by either following the Last Will & Testament, or, if there is no Will, then Florida’s Rules of Intestate Succession. We offer legal document preparation for Summary Administration Probate cases. Summary Administration is available if the assets of the estate do not exceed $75,000, OR, if the person has been deceased for 2 years. If the person has been deceased for 2 years, the value of the estate is not relevant. The $75,000 threshold does not include any homestead property. If the house was homesteaded, it can be worth any amount – the property is exempt. Additionally, Florida Law allows for 2 motor vehicles as exempt from Probate. If the value of the estate exceeds $75,000, many times our clients will wait the 2 years so they can file a Summary Administration, which is far less expensive than a Formal Administration Probate.

Only an Attorney can assist you with a Formal Administration, unless as Personal Representative you are the sole interested party. The lowest amount you will pay an Attorney for a Formal Administration is 3% of the value of the estate, plus costs, like the Court filing fee, and the publication of the Notice to Creditors in the local newspaper. Some Attorneys will charge an hourly rate which will exceed the minimum amount allowed by Florida Law. For example, the lowest amount your beneficiaries will pay for Probate of a $300,000 estate is $9,000, plus costs. Our cost for a Summary Administration is $699 for estates without homestead property, and $799 for estates with homestead property. The difference is the inclusion of a Petition to Determine Homestead Status of Real Property, and a related Order. If you are the Personal Representative and the sole interested party and would like to proceed Pro Se with a Formal Administration, please contact us to discuss your case.

Another benefit to waiting 2 years is that under Florida Law, creditor claims are barred after 2 years. The only exception to this is money owed to the IRS. This is something to consider if you are aware of large creditor claims, such as credit cards, or medical bills.

Please contact us at MyLegalDocs42@gmail.com if you want to order documents, or have any questions.

Disclaimer: Summary Administration documents must be filed with the Clerk of Courts. You can visit the Clerk’s office and file them in person. Or, you can e-file them from the convenience of your home. This will require setting up your own e-filing portal account. If you require assistance with setting up your e-filing portal account, we can provide this for you at an additional cost of $79. Court filing fee is not included in our price and is paid directly to the Clerk. We are not Attorneys. Therefore, we cannot provide you with legal advice. If you require legal advice, you must contact an Attorney. We can provide legal information that is generally available to the public.