Summary Administration Without Will (Intestate) Packet

Navigate the complexities of estate matters with ease—our Summary Administration Without Will service offers expert guidance for estates with no will in place. We handle every detail, from professional document preparation to seamless court filings, ensuring the process is efficient and stress-free. Ideal for families seeking a fast and reliable way to settle an estate, our service provides personalized attention and peace of mind each step of the way. Let our experienced team relieve your burdens and help you achieve a smooth resolution.

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• 🗂️ Summary Administration – Intestate Packet Description (Florida)

  For estates without a will (intestate)
  No personal representative is appointed in summary administration.

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  ✅ Who Can Use This Packet

  You can file for summary administration without a will if:

  • The decedent did not leave a valid will (died intestate)

  • The value of the probate estate is $75,000 or less, OR

  • The decedent died more than 2 years ago, regardless of estate value

  • There are no known creditors, or all debts are resolved

  • You are a beneficiary or heir under Florida's intestate succession laws

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  📄 Documents Included in the Packet:

  1. Petition for Summary Administration (Intestate)

  • Main filing to start the probate

  • Lists the decedent, date of death, heirs, and estate assets

  • Requests the court to issue an order distributing assets

  • Filed by an heir or someone entitled to inherit

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  2. Death Certificate (Certified Copy)

  • Required with petition

  • Redact Social Security number unless the court requires it unredacted

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  3. Waivers and Consents of Heirs

  • Signed by all heirs who will receive property

  • Waive notice and agree to distribution

  • Avoids delays and objections

  ✅ Must be signed by all heirs under intestate law

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  4. Affidavit of Heirs (Optional but helpful)

  • Lists all known heirs and their relationships

  • Used to clarify who is legally entitled to inherit

  • Helps judge determine intestate distribution

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  5. Notice to Creditors or Statement of No Creditors

  • ☐ If less than 2 years since death: publish notice to creditors

  • ☐ If over 2 years: file a Statement of No Known Creditors

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  6. Proposed Order of Summary Administration

  • Draft order for the judge to sign

  • Includes instructions for distributing estate assets to heirs

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  7. Petition to Determine Homestead Status (if applicable)

  • Needed if decedent owned a primary residence

  • Protects the home from creditor claims

  • Passes the property to heirs outside of probate

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  🧾 Common Assets Handled in Summary Administration:

  • Bank accounts

  • Vehicles

  • Refund checks or unclaimed funds

  • Real estate (if not protected homestead)

  • Personal property (furniture, valuables)

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  ⚖️ How Florida Intestate Succession Works (Simplified):

  If Decedent Is Survived By:	Who Inherits:
  Spouse only, no kids	Spouse gets 100%
  Spouse and shared children	Spouse gets 100%
  Spouse and non-shared children	Spouse gets 50%, other 50% to children
  No spouse, children survive	Children share 100% equally
  No spouse, no children	Parents, then siblings, then more remote heirs

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  🏛️ Where to File

  • Clerk of the Circuit Court – Probate Division

  • In the county where the decedent resided or owned property

  • Most counties allow in-person or online filing via the Florida e Filing Portal

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