Legal Question in Wills and Trusts in Florida

Yes you must have an attorney per the statutes of this state. If what you say is all there is, all heirs can be located then yes a Summary Administration can be completed along with getting Homestead Exemption as well. The fee is $1500.00 plus filing fee of $345.00. Be minded that this is based on what you have stated. Otherwise, the fee could be more.

If I can be of assistance please contact my office for an appointment.

I would suggest that a full administration with publication notice is the better method although more costly because it will flesh out all potential claimants and avoid any charge backs later against the asset. It is more expensive than quoted already but the peace of mind is worth the extra cost. the full administration may be necessary in order to write a title policy on the house as well and i would recommend you consider doing that. Consult an appropriate attorney in your area.

I agree with Mr. Stein's comments. If there is any chance at all that you may want to transfer the property to another person or entity within two years of the death of your mother, the title insurance agency will probably require you to complete a formal administration for the property even if you already have completed the summary administration before they will provide title insurance.

If you believe there is absolutely no possible circumstance that you will want to convey the property within the two year time frame, then maybe you can consider the summary administration, but Mr. Stein's comments are accurate that the formal administration eliminates any concerns about creditors' claims arising within that two year time frame.

The "magic" of the two years, is that creditor claims are barred two years after the decedent's date of death.

Good luck with your probate.