The reality is that Florida's aging
demographic means that estate settlement is often required of the
loved ones left behind. Probate is required if the decedent left
assets which were only in his or her name at the time of death, such
as real property, bank accounts, and stocks. Many states have a
simple process, and only require a single form called an Affidavit of
Small Estate. Not so, in Florida. Summary Administration of Estate is
a set of forms which must be filed with the local clerk of court to
transfer the estate assets to heirs or beneficiaries.
In general, Summary Administration of
Estate is appropriate if the value of the estate is less than
$75,000. excluding exempt assets. Exempt assets are property such as
personal property, and homestead real property. Or, Summary
Administration of Estate may be appropriate if the decedent died more
than two years ago.
For even smaller estates, Disposition
of Personal Property without Administration is available to reimburse
family members for their out of pocket expenses, such as funeral
expenses, related to the death of their relative. The ceiling on the
amount for Disposition of Personal Property without Administration
seems to vary somewhat by county, and is generally around $6,000 -
$12,000. These estate assets must be liquid assets - if the decedent
left real estate, Disposition of Personal Property without
Administration cannot be used.