Florida Summary Administration Intestate Checklist

Florida summary administration is a legal process that takes place when someone passes away without a valid will. In such cases, the assets of the deceased person are distributed according to Florida law and the intestate laws based on their relationship with the deceased. This distribution is known as an intestate succession. It is important for family members and beneficiaries to understand this process in order to ensure that all assets are properly handled and distributed by the court in accordance with state law.

Details for Florida Summary Administration Intestate Checklist

1. Orginal Documents:

It is important to include all of the original documents pertinent to the estate when filing for summary administration. These can include the deceased's will, if one was written; death certificate; title or deed to real property owned by the decedent; promissory notes or other documents related to debts owed; and any other documents related to the deceased's estate or assets.

2. Petition for Summary Administration:

The petition for summary administration is a legal document filed with the court clerk that requests that the court oversee the process of distributing the estate according to Florida law. This document must be signed by all of the heirs, beneficiaries, and other interested parties in order to be considered valid.

3. Affidavit of Hiers:

An affidavit of heirs is a sworn written statement from all of the decedent's family members and/or beneficiaries who have an interest in the estate distribution outlining their relationship to each other and to the decedent. This document will also list any debts owed by or against the estate as well as the estimated value of all assets and liabilities.

4. Beneficiaries:

The decedent's beneficiaries are those individuals or entities who will inherit the estate after it has been distributed according to Florida law. They must be listed in the petition for summary administration along with their relationships to the deceased and a description of their interest in the estate.

5. Homestead:

If the decedent owned real property, such as a house or land, they may have designated it as their homestead. If so, then this designation must be noted in the affidavit of heirs and listed on both the petition for summary administration and any orders issued by the court regarding distribution of assets from said property.

6. Creditor Claims:

When filing for summary administration, it is important to list any creditors of the deceased and any claims they may have against the estate. This includes debts such as credit cards, mortgages, automobile loans, or other unpaid bills that must be settled before assets can be distributed to beneficiaries.

7. Notice of Trust (if applicable):

If a trust was established prior to the decedent's death and applies to the estate being administered then a notice of trust must also be included in the petition for summary administration. The notice should include information about who holds the power over the trust, what its purpose is, and how it should be managed after distribution.

8. Proposed Orders to Be Submitted to the Court for Review and Consideration:

The court may issue orders to distribute estate assets or take other action as it deems necessary. In order to do this, a proposed order must be submitted to the court for review and approval. This document should include a detailed description of how the estate will be distributed among heirs and/or beneficiaries and any other actions that are requested by either party in regards to settling the estate.

FAQ for Florida Summary Administration Intestate Checklist

1. What is the purpose of a summary administration intestate checklist?

The purpose of a summary administration intestate checklist is to provide an overview of all documents and information that must be submitted to the court in order for a request for summary administration to be considered. This includes original documents such as the decedent's will, death certificate, title or deed to real property owned by the decedent, promissory notes, and other documents related to debts owed. It also includes affidavits of heirs and beneficiaries, homestead designations if applicable, creditor claims against the estate, and proposed orders issued by the court.

2. How long does it take for a summary administration process to be completed?

The timeline varies depending on various factors such as the complexity of the estate being administered and how many creditors are involved. Generally, the process can take anywhere from 2 to 6 months or more to complete.

3. What documents must be included in a petition for summary administration?

The documents that must be included in the petition include the decedent's will, death certificate, title or deed to real property owned by the decedent, promissory notes and other documents related to debts owed. It also includes affidavits of heirs and beneficiaries, homestead designations if applicable, creditor claims against the estate, and proposed orders issued by the court.

4. Who is responsible for notifying creditors of an estate?

The legal representative of the estate is typically responsible for notifying all creditors who may have a claim against the estate. This can be done through mail, email, or other means of communication as specified by state law. Once creditors are aware of the deceased's death and potential claims against the estate, they must file their claims with the court in order to have them honored.

5. Are there any restrictions on who can serve as an executor for a summary administration?

Typically, anyone over 18 years old and not currently under guardianship is eligible to serve as an executor for a summary administration. The individual must also meet certain legal requirements and provide proof that they will act in accordance with applicable laws governing estates. Furthermore, if there are multiple heirs involved in the administration process then all parties must agree upon a single executor.

6. Are there any fees associated with summary administration?

Yes, there are typically various court filing fees and other costs that must be paid in order to complete the summary administration process. These costs vary depending on a variety of factors such as the size of the estate and the complexity of the situation. Furthermore, if a lawyer is hired to represent the interests of an individual or group involved in the administration then additional legal fees may apply. It is recommended that all parties involved consult their own attorney for advice regarding specific filing requirements and cost estimates for completing a summary administration intestate proceeding.

In Summary

A checklist for summary administration intestate in Florida is an invaluable tool for those responsible for settling the estate of a deceased individual. It provides an overview of all the documents and information required to be submitted to the court, such as original documents like wills, death certificates, property titles, promissory notes and other debts owed, affidavits of heirs, homestead designations, creditor claims and court orders. The timeline for completing the summary administration process can range from two to six months or more depending on the complexity of the estate. All creditors must be notified of the deceased’s death in order to submit their claims against the estate. Executors must meet legal requirements and all heirs must agree on a single executor (if more than one is involved). Finally, there are various court fees and other costs associated with completing the summary administration process. It is important to consult an attorney for advice regarding specific filing requirements and cost estimates.

ChecklistComplete

Florida Summary Administration Intestate Checklist

Orginal Documents

Petition for Summary Administration

Affidavit of Hiers

Beneficiaries

Homestead

Creditor Claims

Notice of Trust (if applicable)

Proposed Orders to Be Submitted to the Court for Review and Consideration