Q: I need to get “administration papers” (per the mtg co) in order to handle my deceased sister’s home/mtg.

A: It depends whether the homestead property is the only estate asset or if there are other assets. If all you are trying to transfer is the homestead property subject to a mortgage, then you may wish to hire an attorney to help you open summary administration, which is available when the estate is less than $75,000 not including the homestead. In summary administration, the attorney files to petitions, one to open the estate and another to transfer the homestead property to the heirs. Once the judge signs the homestead order, you can send a certified copy of the signed order to the mortgage lender, and they will recognize the new owners named on the order. In the meantime, it is extremely important that someone continue to make the mortgage payments.

You are welcome to call our office for a free phone consultation. Our office also handles summary administration anywhere in the State of Florida for a flat fee of between $1000-$1200. Lauren Richardson Law, PLLC 352-204-2224

A: I agree with the prior answer that the cost depends upon the size and complexity of the estate. However, if there is a home involved, the estate is usually larger than $75,000.00, which is the limit for summary administration. Plus, in a summary administration, there is not a personal representative (executor), so you may not get 'administration papers'. The fee quoted below most likely does not include filing fees or costs. Just the clerk of court filing fee for a regular probate (not lawyer's fees) is $400.00. The other thing to consider is that once you file probate papers, the court will want you to finish the probate, not stop once you get letters of administration, which is probably what the mortgage company is asking for. My fees for a regular estate are $1,500.00, plus costs, for a relatively simple estate.