Summary Administration documents in FL

13 Replies

Hello!

I’m located in Lee County, FL, and have a piece of land under contract but the seller needs to go through probate. It needs to go through Summary Administration. My county does not provide these forms and they advised I do my own research to find them. If anyone has done any deals in Florida or have been through this process, can you please let me know where can I find these documents so I can advise the seller? Or anyone I can contact? I’ve tried FL courts, Clerk of Courts, the Law Library. Any advice helps. Much appreciated!

Best,

Allan Turcios

Of course, the most efficient and sure way of it being done right (if not done right it will delay closing) is to use a probate attorney. 
Other than that, you can go the Clerk’s office, look through other probate files until you find the document you’re looking for, print and reproduce it. 
My vote is for the first option. 

You will need to find an authoritative legal text specifically on Florida Probate administration to do this right. Probate Court personnel are typically not very helpful, they will generally tell you to either retain an attorney or you're on your own. While it may sound a bit rude, they can't dispense legal advice so it's really understandable.

If it's subject to Summary administration it won't likely be too complicated, but you're still going to need follow your local probate court procedures. 

I had to probate a moderately complex estate and did it without any legal assistance. I obtained a West Law text on probate administration for attorney's that don't specialize per se in Probate law. It was basic enough to be fully comprehensible yet authoritative so all suggested legal document wording if followed closely and adjusted as needed for the facts was accepted by the Court.


Hey @Allan Turcios , congrats buddy!  I don't really know either and would suggest the advice that Wayne and Christopher offered up, get a lawyer to get it done right, and quick.  If its a really good deal, I'd even help pay for some of it, time kills all deals.  Good luck man!

@Mark Pedroza awesome! I just found out he would have to file for summary administration in Puerto Rico since he owned property out there, and then open a court order here for ancillary administration here for the land in Florida. Have you or Long ever dealt with a piece of land that had to involve two different places like this?

Originally posted by @Allan Turcios :

@Christopher Smith Thanks Chris! I just found out he would have to file for summary administration in Puerto Rico, and then open a court order here for ancillary administration. Have you ever dealt with a piece of land that had to involve two different places like this?

I've done two full estates. The first decedent had disposed of all out of state property before death, so no multi jurisdictional issues were present. The second decedent did have property in more than one jurisdiction, but we managed to retitle all of the properties in all jurisdictions in the name of a trust just before death, so a probate filing was avoided thank goodness. So although I am generally aware of what ancillary probate procedures entail, I can't comment from actual experience so I'll pass the ball to someone else who has first hand experience. Good luck. 

 

Originally posted by @Allan Turcios :

@Mark Pedroza awesome! I just found out he would have to file for summary administration in Puerto Rico since he owned property out there, and then open a court order here for ancillary administration here for the land in Florida. Have you or Long ever dealt with a piece of land that had to involve two different places like this?


My self, personally or professionally no...  

@Wayne Brooks Hi Wayne! Thanks for letting me know about it. As the buyer, what do you think is the best way I can help the seller go through probate in his own state? He would need to do ancillary here in FL once he claims the properties over there in Puerto Rico. How long have you seen these usually take?

Originally posted by @Allan Turcios :

@Wayne Brooks Hi Wayne! Thanks for letting me know about it. As the buyer, what do you think is the best way I can help the seller go through probate in his own state? He would need to do ancillary here in FL once he claims the properties over there in Puerto Rico. How long have you seen these usually take?