The most common form of Florida probate — a court-supervised process for gathering a decedent's assets, paying debts, and distributing the estate to beneficiaries.
Formal administration is the standard form of probate in Florida and is governed by Sections 733.101 through 733.903 of the Florida Statutes. It is the most common form of estate administration and is required whenever the probate estate does not qualify for a simplified alternative such as summary administration. Formal administration involves court oversight from filing through final discharge, and it requires the appointment of a personal representative to manage the estate throughout the proceeding.
Formal administration is required when none of the simplified small estate processes apply. In practice, this means formal administration is typically used when:
Venue is generally appropriate in the Florida county where the decedent was domiciled at the time of death. If the decedent was not a Florida resident, the proceeding may be filed in any county where the decedent held property.
Only probate assets — those held solely in the decedent's individual name without a beneficiary designation — pass through formal administration. Common examples include:
Non-probate assets — such as jointly held property with right of survivorship, accounts with named beneficiaries, assets held in trust, and retirement accounts or life insurance with designated beneficiaries — pass directly to their recipients outside of probate. One of the first tasks in any estate administration is distinguishing between these two categories.
To open a formal administration, the petitioner files a Petition for Administration with the circuit court in the appropriate county. The petition identifies the petitioner, the decedent, the decedent's beneficiaries or heirs, and the approximate value of the probate estate. If the decedent left a will, the original will must be deposited with the court. The court reviews the petition and, if it is in order, issues Letters of Administration — the document that officially authorizes the personal representative to act on behalf of the estate.
The personal representative (sometimes called an executor in other states) is the fiduciary appointed by the court to administer the estate. Under Florida law, a personal representative must be either:
Corporations may also serve as personal representative in certain circumstances. The personal representative carries broad fiduciary responsibilities and can be held personally liable for mismanagement of the estate.
Once appointed, the personal representative works through the following stages, generally in this order:
The original will (if any) must be deposited with the court promptly after the decedent's death. The petition for administration is then filed, and the court issues Letters of Administration upon qualification of the personal representative.
The personal representative must provide formal notice to all beneficiaries named in the will (or, in an intestate estate, to the decedent's heirs) and to other interested parties. Florida law sets specific deadlines for these notices.
The personal representative must publish a Notice to Creditors in a local newspaper and serve notice directly on known and reasonably ascertainable creditors. Creditors generally have the later of three months from the date of first publication, or 30 days from the date of direct service, to file claims against the estate. Claims filed after this period are generally barred. The personal representative may pay valid claims, object to disputed claims, or negotiate settlements. Objected claims may proceed to litigation.
Within 60 days of appointment, the personal representative must file an inventory of all probate assets and their estimated fair market values as of the date of death. The inventory is served on interested parties but is not typically filed with the court unless requested.
Florida law provides important protections for a surviving spouse and children that arise during the probate process regardless of the will's provisions, including:
The personal representative must evaluate whether any of these rights apply and assist the relevant parties in making timely elections or claims.
The personal representative collects and re-titles probate assets in the name of the estate, manages estate property during the administration period, pays taxes and administrative expenses, and makes distributions to beneficiaries or heirs after all obligations are satisfied.
Once debts, taxes, and expenses have been paid and assets distributed, the personal representative files a final accounting with the court (or obtains waivers from all interested parties) and petitions for discharge. Upon approval, the personal representative is released from further responsibility and the estate is formally closed.
The timeline for formal administration varies significantly depending on estate complexity, the number of creditors, whether any claims are disputed, and court scheduling. Most straightforward estates close within six to twelve months. Estates involving tax issues, litigation, business interests, or significant creditor disputes may take longer.
Formal administration involves procedural requirements, legal deadlines, and fiduciary responsibilities that can be difficult to navigate without experienced legal counsel. At Suncoast Legal, we guide personal representatives and families through every phase — from opening the estate through final discharge — handling court filings, creditor notices, inventory preparation, and distribution. We also advise surviving spouses and beneficiaries on their statutory rights under Florida law.
Contact Suncoast Legal to discuss your probate matter and learn how we can help your family move forward.
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