My dad just died in Naples, when a summary proceeding not a good probate option?

There are several instances in which summary administration, which is a faster and less costly form of probate administration, may not be preferable in a Florida probate case. To find out whether summary administration would be a good fit for your case, you should speak with Fort Myers probate lawyers.

When Summary Administration Would Not Be Practical

Even though summary administration may be an option in your Florida probate case, it may not be practical under the following circumstances:

  • If the will leaves the property to many beneficiaries, each would have to sign the contract to sell, the closing documents and the deed.
  • If there are minor beneficiaries, guardianships will probably need to be set up, and someone will have to maintain them until the minors become adults. However, with a formal estate, this may be avoidable if the personal representative takes advantage of the Florida Uniform Transfers to Minors Act.
  • If a beneficiary's whereabouts are unknown, summary administration would not be able to accommodate a missing heir as formal probate administration could.
  • If a beneficiary refuses to cooperate with other owners, the solution may be formal administration, which could be necessary to sell the property. An alternative is a costly "partition" lawsuit.

After the second anniversary of the decedent's death, if formal administration is necessary, the requirements related to creditors will have changed, but costs and fees shouldn't be much more than those for summary administration. It's best that you meet with a lawyer before you make any decisions about summary administration.

Help from Fort Myers Probate Lawyers is Just a Phone Call Away

Florida Bar Board certified wills, trusts and estates expert Matthew A. Linde understands firsthand the importance of careful estate planning and the complexities of financial legal matters, such as probate, tax litigation and guardianship. For help with your probate concerns, contact our Fort Myers office to schedule a one-on-one meeting with a professional who can answer your questions – 1-239-939-7100 or 1-844-357-0572.

Matthew A. Linde
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