Legal Question in Wills and Trusts in Florida
Independent Administration of Estates Act
Does Florida have a law similar to California known as the Independent Administration of Estates Act giving the executor of the will the right to sell real estate with decreased "red tape" (limited court involvement) ?
2 Answers from Attorneys
Re: Independent Administration of Estates Act
As a Florida attorney I know very little of the Califoria Independant Administration of Estates Act. I can tell you that Florida does have some simplified estate administration procedures based, in part, on the value of the estate. Summary Administration is available for most estates of less than $25,000.00. Family Administration is available for some estates of less than $60,000.00. Both Summary and Family proceedings have less "red tape" than Formal Administration under the Florida Probate Code. If you have any other specific questions please send me an e-mail to [email protected].
Court involvement in Estates.
Q. Does Florida have a law giving the executor of the will the right to sell real estate with decreased "red tape" (limited court involvement)?
A. Fla. courts do not become involved in estates unless required by the "Will" or to resolve disputes. Florida also has simplified estate administration procedures depending on the value and type of assets in the estate. These proceedings have less "red tape" than a Formal Administration but in any case the court would not be involved unless it was required.