Florida Formal Probate Administration

What is Formal Administration in Florida?

Formal Administration is the traditional, court-supervised probate process used in Florida to settle a decedent’s estate. It is required for estates exceeding $75,000 in non-exempt assets (assets that are titled solely in the decedent’s name, subject to probate, and not protected by law from creditor claims, such as bank accounts, investment accounts, or real property not designated as homestead) or when a Personal Representative must be appointed to manage complex affairs, such as litigating claims, selling real estate, negotiating with creditors, or resolving disputes among heirs.

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When is Formal Administration Required?

Formal probate is the "default" process in Florida and is necessary if:

• The estate's non-exempt assets exceed $75,000.

• The decedent passed away less than two years ago.

• The Will specifically dictates that a formal administration must occur.

• There is a need for a Personal Representative to gain access to medical records, handle IRS matters, sell real estate, sign specific legal documents, or manage a business.

 

The Formal Probate Process: Step-by-Step

1. Petition & Appointment: We file a petition to open the estate and have the court appoint a Personal Representative.

2. Letters of Administration: The court issues this document, granting the Representative legal authority to act on behalf of the estate.

3. Notice to Creditors: A formal notice is published to alert potential creditors, starting a 90-day window for creditors to submit claims against the estate.

4. Inventory: The Inventory is a court-filed document listing the decedent’s probate assets and their date-of-death values. The Personal Representative identifies and values the assets, while our office provides strategic guidance and prepares and files the Inventory with the court.

5. Final Distribution: Once all assets are identified and all debts and taxes are settled, the court authorizes the final distribution of remaining assets to the beneficiaries.

 

Why Our Firm is the Right Choice for Your Estate

Formal Administration involves strict deadlines and fiduciary responsibilities. We provide:

• Comprehensive Oversight: We guide the Personal Representative through every legal obligation to help avoid personal liability.

• Dispute Resolution: If a Will is contested or heirs disagree, our experienced counsel protects your interests.

• Efficient Settlement: Our goal is to move the estate through the Florida court system as quickly and smoothly as possible, backed by our experience in handling hundreds of cases statewide

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Facing a Florida Probate matter?