How Does Summary Administration Work in Florida?

It may be used for a resident or nonresident decedent's estate, and an eligible estate may instead be administered like any other estate.

A petition may be filed by any beneficiary or by a person nominated as personal representative in the will offered for probate. The surviving spouse, if any, and the beneficiaries must sign and verify the petition, although joinder is not required of a beneficiary who will receive a full distributive share under the proposed distribution. Formal notice of the petition must be served on any beneficiary who does not join.

Creditors are addressed before the order. Any will must be proved and admitted to probate. The petitioner must make a diligent search and reasonable inquiry for known or reasonably ascertainable creditors, serve a copy of the petition on them, and make provision for paying them to the extent assets are available.

Recipients remain responsible afterward. They are personally liable for a pro rata share of lawful claims against the estate, but only up to the value each actually received, excluding exempt property. If a notice to creditors is published and proof of publication is filed with the court, claims of unknown or not reasonably ascertainable creditors are barred unless filed within 3 months after first publication. After 2 years from the death, neither the estate nor the recipients are liable for claims against the decedent unless enforcement proceedings were taken. Filing in one county is covered in summary administration filing in Brevard County.