Legal Question in Wills and Trusts in Florida

Is Summary Administration needed right away

My mother died 3 weeks ago, she had a will which left her house to her sister. She had three children (one of which is a minor for 6 more months). Her only assets were a home worth approx. $60,000, and 2 cars worth $1,000. It is agreed that the house would be quit claimed back to my sisters and I so we could continue living there. There is a lien on the house and credit card debt and other debt (that we know of) totaling approx. $10,000. We were advised to do a Summary Administration because of the little amount of assets. However, we were also told my sisters and I would assume my mother's debt once a notice is published and a creditor makes a claim within 90 days. My question is do we need to do the Summary Administration at this time or is it possible to wait 2 years from the date of her death so her children will not be liable for her debt. Also, is it possible to transfer the house without probate proceedings? Please advise.


Asked on 7/12/04, 10:27 pm

1 Answer from Attorneys
Frank J. Pyle Probate Attorney Throughout Florida

Re: Is Summary Administration needed right away

Summary administration within two years of death requires that there be no creditors. Why not wait the 2 years? Then unless the creditors file something during the 2 years, they are out of luck. Obviously the mortgage payments will have to be made in the meantime, or they will foreclose. By the way, since the decedent had a minor child, the home passed to all of her children, notwithstanding the will leaving it to her sister - that is Florida homestead law. No, there is not any way to transfer the home without some probate action.

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Answered on 7/12/04, 11:19 pm


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