What is summary administration? Summary administration is a form of probate proceeding. It’s a decedent or an estate is eligible for a summary administration if the assets of the decedent are less than $75,000 and that there are no outstanding creditors of the decedent. This excludes the homestead property. You can file to have the will admitted into probate or if there’s no will to have a end test state proceeding file to have the heirs determined.
Whenever they sign the petition for summary administration they’re stating that they’ll personally be responsible for the debts of the decedent if there are any because they’re stating that there are none. You can present it to the court and the court will, depending on what county you’re in, but may enter it within about 30 to 45 days after you filed the petition and you get the court order and then have the asset distributed to the heirs. If there’s homestead property you can file a petition for homestead.
The other time that a summary administration be filed is if the decedent has been deceased for more than two years, then it doesn’t matter the total amount. The assets and the statutory period for creditors has filed and they’re barred so you can file a summary administration after a decedent’s been deceased for two years.
If you have any questions about probate or a summary administration give me a call at 727-847-2288.