Probate

Formal Administration in Florida

When an estate does not qualify for summary administration, Florida's formal probate process provides the court-supervised framework to close the estate correctly and transfer assets to the right people.

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The Standard Process

What Is Formal Administration?

Formal administration is Florida's standard probate process, required when the estate's non-exempt assets exceed $150,000 and the decedent passed away within the last two years. It is also required when someone needs to sell real estate that was owned by the decedent and the estate does not qualify for summary administration.

Formal administration involves the court appointment of a personal representative, a creditor notice period, an inventory of estate assets, payment of debts, and a final accounting before distribution to beneficiaries. It is more involved than summary administration, but it provides the full court authority needed to properly close a larger or more complex estate.

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Watch: Florida Formal Administration Explained

Personal Liability Is Real

The Personal Representative Has Real Legal Obligations and Real Personal Liability

The personal representative of a Florida estate is not simply a messenger between the court and the beneficiaries. The role comes with fiduciary duties, statutory deadlines, creditor notice requirements, and potential personal liability if those duties are not performed correctly.

A personal representative who distributes assets before resolving creditor claims, who fails to file a proper inventory, or who mismanages estate assets can be held personally responsible for the resulting loss. Legal representation is not optional for estates of any meaningful size.

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Personal representative must be appointed by the court before acting on behalf of the estate

Notice to creditors must be published and mailed within 30 days of appointment

Creditors have 90 days from the first publication to file claims

A verified inventory of all estate assets must be filed within 60 days of appointment

Final accounting and petition for discharge must be filed before the estate can close

What You Get

How We Handle Formal Administration

Personal Representative Guidance

We guide personal representatives through every statutory obligation from the petition for appointment through the final accounting and discharge.

Creditor Notice Compliance

Florida's creditor notice requirements are strict and carry consequences for non-compliance. We handle publication, mailing, and documentation of the notice process.

Asset Inventory and Valuation

We coordinate preparation of the required estate inventory and work with appraisers when real property or business interests need formal valuation.

Creditor Claim Review

Not every claim filed against an estate is valid or properly documented. We review claims, object to improper ones, and negotiate where appropriate.

Real Estate Transfer

Selling or retitling real estate owned by a decedent requires a properly appointed personal representative with authority from the court. We handle this from appointment through closing.

Flat Fee for Defined Estates

We price formal administration at a flat fee based on the estate's complexity. You know the cost before we begin, and the fee does not increase because the process takes longer than expected.

Natalia Ouellette-Grice, Florida Probate Attorney

Why LCO Law

We Manage the Process From Filing to Final Discharge

Formal administration involves multiple deadlines, court filings, and legal obligations that most families are not equipped to manage while also grieving a loss. We take the full process off your plate and coordinate with the court, creditors, financial institutions, and any real estate professionals involved.

We handle all court filings from the initial petition through final discharge
We communicate directly with financial institutions, title companies, and creditors on your behalf
We identify and object to improperly filed creditor claims
We keep the personal representative informed of every deadline and obligation
We coordinate with real estate agents and closing attorneys when estate property is being sold

Common Questions

Formal Administration FAQ

Who can serve as personal representative of a Florida estate?

A Florida resident who is at least 18 years old and has not been convicted of a felony can serve as personal representative. Non-residents can serve if they are a spouse, parent, child, sibling, or other close relative of the decedent. Banks and trust companies with authority to act as fiduciaries can also serve.

How long does formal administration take?

The minimum timeline is approximately six months, because Florida law requires a 90-day creditor claim period after the first publication of notice. Most straightforward estates close within six to twelve months. Estates with complex assets, disputes, or litigation can take longer.

What does the personal representative actually have to do?

The personal representative must: petition the court for appointment, publish and mail notice to creditors, prepare and file an inventory of estate assets, pay valid creditor claims from estate funds, file a final accounting showing all income and expenditures, and petition for discharge. Each step has a deadline and a specific format required by Florida law.

Can I sell the decedent's home during formal administration?

Yes. Once the personal representative is appointed by the court and receives Letters of Administration, they have legal authority to sell real property on behalf of the estate. Proceeds go into the estate and are distributed to beneficiaries after debts are paid.

What happens if there is no will?

When someone dies without a will in Florida, they are said to have died intestate. Their estate still goes through formal or summary administration, but the distribution follows Florida's intestacy statute rather than a will. The statute determines who inherits based on the surviving family members and their relationship to the decedent.

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Meet with our team to understand what formal administration will require for your specific estate and what the timeline and cost will look like. No pressure, no obligation.

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