Probate to clear title: summary administration

What summary administration is

Summary administration is a shorter Florida probate proceeding under chapter 735 of the Florida Statutes. It is available when the decedent’s will, if there is one, does not direct formal administration, and either the estate subject to administration in Florida (less property exempt from creditors) is worth $150,000 or less, or the decedent has been dead for more than two years.

This firm handles only the second situation: estates where the death was more than two years ago.

Why two years matters

Under Florida law, two years after a death, claims against the decedent generally can no longer be enforced against the estate or the beneficiaries, whether or not probate was opened. The main exceptions: a recorded mortgage or security interest is not affected, and neither is a claim filed in a probate proceeding within the two years that has not been resolved.

Because most creditor claims are already closed off, the work is largely about establishing, correctly and on the record, who is entitled to the property.

How the proceeding works

1. The petition. A beneficiary, or the person named as personal representative in the will, petitions the court. The surviving spouse, if any, and the beneficiaries generally sign and verify it; a beneficiary who will receive a full share under the proposed distribution does not have to join, but must be formally notified.
2. The will, if there is one. It is proved and admitted to probate as part of the same filing.
3. A search for creditors. Before the order is entered, the petitioners must make a diligent search for known or reasonably ascertainable creditors, serve them with the petition, and provide for payment of any claims that are not barred, to the extent assets are available.
4. The order. The court enters an order of summary administration assigning the property to the people entitled to it. Title companies typically ask for that order, though each sets its own requirements.

Why this clears title

Once the order is entered, a good-faith buyer for value from the people the property was assigned to takes it free of the decedent’s creditors’ claims and of the rights of the surviving spouse and other beneficiaries. Whether a particular sale or refinance can close also depends on the title company’s requirements and anything else recorded against the property.

If the property was the decedent’s home

A Florida homestead generally passes outside the probate estate, so a summary administration order alone does not settle who owns it. A separate court order determining the property’s homestead status, naming who takes it, is usually needed as well. This firm handles that determination together with the summary administration.

How this firm handles it

Representation of the petitioner in a summary administration for an estate where the decedent died more than two years ago, with the scope and fee agreed in writing at the outset: preparing and filing the petition, the creditor search and service, and obtaining the order of summary administration.

No one at the firm serves as personal representative. The engagement agreement states whom the firm represents, because the distinction matters if a disagreement develops.

This firm does not handle formal administration, estates where the death was recent, or estate litigation — a will contest, a removal proceeding, or a disputed claim. Those are referred to other counsel.