Estates: My deceased family member had little assets, is it worth administering the estate?

Maybe.  If the decedent had minimal personal property (cash) and many creditors it may appear fruitless to administer the estate, however if real estate is involved there may be an unattachable pot of gold.

If decedent maintained a homestead in Florida with equity, the equity passes to heirs free and clear of creditor claims (except real estate creditors, i.e. mortgagees, etc...).

If you are an "heir" of decedent your attorney may petition the court to establish homestead of the real estate and if granted, the order will cause title to vest in the "next of kin" free of claims.  (See below to determine if you are an "heir" of decedent.)  See Article X, Section 4(b) of the Florida Constitution

The decedent's homestead is not an asset of the probate estate however it is frequently controlled and preserved by the Personal Representative for the beneficiaries during administration of the estate.  Typically, a creditor publication is required prior to a probate judge granting a Petition to Establish Homestead.

In summary, should you administer the estate?

1. Is the real estate the decedent's homestead?
2. Is there equity in the homestead?

If the answers are "yes" and "yes", then yes!

Call NEILSON LAW, PA regarding a Petition to Establish Homestead.

Who is an "heir"?
Section 731.201(18) of Florida Statutes defines heirs or heirs at law as “those persons ... who are entitled under the statutes of intestate succession to the property of a decedent.” 

Who receives under intestate succession?
(1) To the descendants of the decedent.

(2) If there is no descendant, to the decedent's father and mother equally, or to the survivor of them.

(3) If there is none of the foregoing, to the decedent's brothers and sisters and the descendants of deceased brothers and sisters.

(4) If there is none of the foregoing, the estate shall be divided, one-half of which shall go to the decedent's paternal, and the other half to the decedent's maternal, kindred in the following order:

(a) To the grandfather and grandmother equally, or to the survivor of them.

(b) If there is no grandfather or grandmother, to uncles and aunts and descendants of deceased uncles and aunts of the decedent.

(c) If there is either no paternal kindred or no maternal kindred, the estate shall go to the other kindred who survive, in the order stated above.

F.S. 732.103