How Do I Qualify for Small Estate Administration in Florida?

Full question:

My friend passed away at a hospice facility after a long stay at a nursing home and left a hand written will signed in front of two witnesses that was written out by me at her direction and statement because she was unable to write due to illness.Aside from just personal exempt items like the contents of her storage unit. And a bank account with less than $50.00 in it. She designated that I, along with her brother and mother receive money from a pending distribution of a settlement through Morgan and Morgan for a fall against her prior apartment complex.I was her POA and had already signed the settlement prior to her death. Therefore, my friend passed away before she received her check. The amount of the settlement is $60,000. After the attorneys fees and the amount Medicare is reimbursed for the E.R visit. There may be about $40,000 left?I was told by the attorney that the check will probably be made out to the _Estate of..._My question is, since the payment of the settlement was not received prior to her death and as of to date. Do I have to proceed with probate or can I just submit a small estate affidavit? If it does have to be entered into probate would it fall under Formal Administration or summary of administration?

• Category: Wills and Estates
• Subcategory: Probate
• Date: 04/07/2025
• State: Florida

Answer:

The answer will depend on the total value of the assets in the probate estate. If the decedent has been dead for more than 2 years or the assets subject to probate are less than $75,000 then you qualify under the Florida Probate code for a summary probate process. This small estate administration is called Florida Summary Administration. Once the court enters an order of summary administration, the court order can be used to collect and distribute the money in a bank account or other assets of the decedent.

In other cases, where there are no assets that can be used to pay creditors and all the assets are exempt, or nonexempt assets will be used to pay final exprenses for funeral expenses and reasonable and necessary medical and hospital expenses of the last 60 days of the last illness, or pass outside the probate process, administration can be dispensed with.

Please see the following FL statutes to determine applicability:

735.201 Summary administration; nature of proceedings.--Summary administration may be had in the administration of either a resident or nonresident decedent's estate, when it appears:

 

(1) In a testate estate, that the decedent's will does not direct administration as required by chapter 733.

 

(2) That the value of the entire estate subject to administration in this state, less the value of property exempt from the claims of creditors, does not exceed $75,000 or that the decedent has been dead for more than 2 years.

 

735.206 Summary administration distribution.--

 

(1) Upon the filing of the petition for summary administration, the will, if any, shall be proved in accordance with chapter 733 and be admitted to probate.

 

(2) Prior to entry of the order of summary administration, the petitioner shall make a diligent search and reasonable inquiry for any known or reasonably ascertainable creditors, serve a copy of the petition on those creditors, and make provision for payment for those creditors to the extent that assets are available.

 

(3) The court may enter an order of summary administration allowing immediate distribution of the assets to the persons entitled to them.

 

(4) The order of summary administration and distribution so entered shall have the following effect:

 

(a) Those to whom specified parts of the decedent's estate, including exempt property, are assigned by the order shall be entitled to receive and collect the parts and to have the parts transferred to them. They may maintain actions to enforce the right.

 

(b) Debtors of the decedent, those holding property of the decedent, and those with whom securities or other property of the decedent are registered are authorized and empowered to comply with the order by paying, delivering, or transferring to those specified in the order the parts of the decedent's estate assigned to them by the order, and the persons so paying, delivering, or transferring shall not be accountable to anyone else for the property.

 

(c) After the entry of the order, bona fide purchasers for value from those to whom property of the decedent may be assigned by the order shall take the property free of all claims of creditors of the decedent and all rights of the surviving spouse and all other beneficiaries.

 

(d) Property of the decedent that is not exempt from claims of creditors and that remains in the hands of those to whom it may be assigned by the order shall continue to be liable for claims against the decedent until barred as provided in the code. Any known or reasonably ascertainable creditor who did not receive notice and for whom provision for payment was not made may enforce the claim and, if the creditor prevails, shall be awarded reasonable attorney's fees as an element of costs against those who joined in the petition.

 

(e) The recipients of the decedent's property under the order of summary administration shall be personally liable for a pro rata share of all lawful claims against the estate of the decedent, but only to the extent of the value of the estate of the decedent actually received by each recipient, exclusive of the property exempt from claims of creditors under the constitution and statutes of Florida.

 

(f) After 2 years from the death of the decedent, neither the decedent's estate nor those to whom it may be assigned shall be liable for any claim against the decedent, unless proceedings have been taken for the enforcement of the claim.

 

(g) Any heir or devisee of the decedent who was lawfully entitled to share in the estate but who was not included in the order of summary administration and distribution may enforce all rights in appropriate proceedings against those who procured the order and, if successful, shall be awarded reasonable attorney's fees as an element of costs.

 

735.301 Disposition without administration.--

 

(1) No administration shall be required or formal proceedings instituted upon the estate of a decedent leaving only personal property exempt under the provisions of s. 732.402, personal property exempt from the claims of creditors under the Constitution of Florida, and nonexempt personal property the value of which 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.

 

(2) Upon informal application by affidavit, letter, or otherwise by any interested party, and if the court is satisfied that subsection (1) is applicable, the court, by letter or other writing under the seal of the court, may authorize the payment, transfer, or disposition of the personal property, tangible or intangible, belonging to the decedent to those persons entitled.

 

(3) Any person, firm, or corporation paying, delivering, or transferring property under the authorization shall be forever discharged from liability thereon.

735.301 Disposition without administration.--

(1) No administration shall be required or formal proceedings instituted upon the estate of a decedent leaving only personal property exempt under the provisions of s. 732.402, personal property exempt from the claims of creditors under the Constitution of Florida, and nonexempt personal property the value of which 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.

(2) Upon informal application by affidavit, letter, or otherwise by any interested party, and if the court is satisfied that subsection (1) is applicable, the court, by letter or other writing under the seal of the court, may authorize the payment, transfer, or disposition of the personal property, tangible or intangible, belonging to the decedent to those persons entitled.

(3) Any person, firm, or corporation paying, delivering, or transferring property under the authorization shall be forever discharged from liability thereon.