Formal Administration in Florida — Full Probate for Most Florida Estates

Formal administration is required in Florida when:

• The non-exempt probate assets exceed $150,000 (or $75,000 for decedents who died before July 1, 2026) AND the decedent has been deceased for less than two years
• A personal representative must be appointed — for example, to manage ongoing business interests, collect debts owed to the estate, sell real property, or handle contested creditor claims
• The decedent’s will specifically directs formal administration — regardless of estate size
• There is litigation or contested issues — a will contest, beneficiary dispute, or creditor conflict that requires ongoing court oversight to resolve

If you’re not sure which type of probate applies to your estate, the answer depends on the value of the non-exempt probate assets and the date of death. Our attorneys can tell you within the first consultation. Learn more about the difference between summary and formal administration.

In formal administration, the court appoints a personal representative (called an executor or administrator in other states) to manage the estate. The personal representative is a fiduciary, meaning they are held to the highest legal standard of care and can be held personally liable for mistakes.

As personal representative, your duties include:

• Filing the will and a Petition for Administration with the appropriate Florida probate court
• Obtaining Letters of Administration from the court, which is the legal authority to act on behalf of the estate
• Identifying, gathering, and securing all probate assets
• Notifying known creditors and publishing a Notice to Creditors in a local newspaper
• Filing an inventory of estate assets with the court
• Paying valid debts, taxes, and administrative expenses from estate funds
• Filing any required federal and state tax returns on behalf of the estate and the decedent
• Providing a formal accounting to beneficiaries
• Distributing remaining assets to beneficiaries according to the will or Florida law
• Petitioning the court for discharge and closing the estate

Each of these steps has specific legal requirements, timelines, and forms. A personal representative who makes errors, even innocent ones, can face personal liability to beneficiaries, creditors, or the IRS. Florida law requires attorney representation for formal administration (with narrow exceptions) for this very reason. Learn more about the role of the personal representative in managing creditor claims.

While every estate is unique, formal administration in Florida generally follows this sequence:

1. File the petition and open the estate. A Petition for Administration is filed with the circuit court in the county where the decedent lived. The court issues Letters of Administration, formally appointing the personal representative.
2. Notify creditors. The personal representative publishes a Notice to Creditors in a local newspaper for two consecutive weeks. Known creditors are also served directly. Creditors generally have three months from the date of first publication to file claims.
3. Inventory and appraise assets. All probate assets are identified, gathered, and valued. A formal inventory is filed with the court within 60 days of the Letters of Administration being issued.
4. Manage the estate. During the administration period, the personal representative manages estate assets, maintaining real property, managing investment accounts, operating or winding down business interests, and preserving value for the beneficiaries.
5. Resolve creditor claims. Valid creditor claims are reviewed, negotiated where appropriate, and paid from estate funds. Disputed claims may require court intervention.
6. File tax returns. Required tax returns are filed, including the decedent’s final individual income tax return, any estate income tax return, and the federal estate tax return if applicable. Samantha’s LL.M. in Taxation and CPA license means our clients rarely need a separate tax advisor for estate tax matters.
7. Provide accounting to beneficiaries. The personal representative provides a formal accounting of all estate transactions, including assets received, debts paid, expenses incurred, and proposed distributions.
8. Make final distributions. With court approval, remaining assets are distributed to beneficiaries according to the will or Florida law.
9. Close the estate. The personal representative files a Petition for Discharge, and the court formally closes the probate case.

The single most common reason formal administrations take longer than necessary is preparation errors and missed deadlines in the early stages. Working with an experienced Florida probate attorney from the outset keeps the process on schedule and avoids the court delays that come from improperly filed documents.

Florida law limits who can serve as personal representative. The personal representative must be:

• A Florida resident (any adult who is a legal resident of the state), OR
• A legally related non-resident — specifically, a spouse, parent, child, sibling, or other close relative of the decedent

Non-relatives who are not Florida residents, including business partners, friends, or out-of-state advisors, generally cannot serve as personal representative under Florida law, even if named in the will. Banks and trust companies authorized to do business in Florida may also serve.

If the named personal representative does not qualify or is unwilling to serve, the court will follow a statutory priority list to appoint a substitute. This process adds time and expense to the administration. If you’re uncertain whether you qualify, our attorneys can advise you before you file.

• Florida probate is our primary focus. We practice exclusively in probate, estate planning, and trust administration. Formal administration is not a side service; it’s a core specialty we handle every day in Broward, Miami-Dade, and Palm Beach counties.
• We file correctly the first time. Every court filing has specific technical requirements. We know what Florida probate courts expect, and we prepare documents accurately to avoid the rejections and delays that cost families months of additional waiting.
• Advanced tax credentials on staff. Samantha’s LL.M. in Taxation and CPA license means estates with tax filing obligations are handled with expertise most probate firms can’t provide in-house.
• We protect the personal representative. We don’t just file paperwork; we actively advise the personal representative on their fiduciary duties, creditor obligations, and distribution decisions to minimize their personal legal exposure.
• Clear communication throughout. You’ll know where things stand at every stage. No silence, no surprises.
• Free consultations. Call us. We’ll give you an honest assessment of the estate, the likely timeline, and what to expect at no charge.

SJF Law Group’s probate attorneys handle formal administration for estates throughout South Florida from our Plantation, FL office, including Fort Lauderdale, Boca Raton, and dozens of communities across Broward, Miami-Dade, and Palm Beach counties.