Legal Question in Wills and Trusts in Florida
Is a beneficiary allowed to file the Order of Summary Administration with the State of Florida or must it be filed by an attorney? The estate is less than $10,000 and the death occured more than two years ago.
3 Answers from Attorneys
You appear to be a bit confused. A Petition For Summary Administration is filed with the probate clerk in the county of the decedent's residence. After notice to interested parties (or waivers filed), that then can go before the probate judge to issue an Order Of Summary Administration. I recommend you go to an attorney for a consultation, so the process and requirements can be spelled out for you. He can then tell you whether the beneficiary may file the Petition.
I agree with my colleague Mr. Pyle, consult with a Probate Attorney (consultations are usually free).