The most involved form of probate in Florida is formal administration. This is the court process for administering and closing estates that have non-exempt assets subject to probate valued at over $150,000. If the deceased passed away less than two years ago, a formal administration must generally be initiated regardless of asset value.
Farshchian Law’s experienced Florida formal administration attorneys work closely with personal representatives, also called executors, who are charged with guiding an estate through the formal probate process. We use our knowledge of the legal, practical, and financial complexities involved to help personal representatives and heirs meet their legal and ethical responsibilities, issue all necessary legal notices, and account for and distribute assets as required by law.
The Formal Probate Process in Florida
Formal probate administration begins with the filing of a petition for administration with the court, which sets forth the estate’s assets and heirs and requests that a personal representative be appointed for the deceased’s estate. The death certificate and the original will, if one exists, must also be filed with the probate court.
After the probate estate is opened, we draft and file the petition to appoint the personal representative and the oath of the representative. The probate court then issues Letters of Administration appointing the personal representative and granting them the authority and responsibilities that come with the role. As probate attorney for the estate, our role is to assist the personal representative with:
- Identifying which estate assets must go through the probate process
- Gathering estate assets
- Properly notifying all heirs and beneficiaries
- Drafting the documents to have the personal representative appointed
- Preparing an inventory of estate assets
- Identifying creditors for the payment of debts and taxes
- Opening the estate bank account
- Preparing disclaimers of interest in property
- Drafting any petitions to sell real property
- Distributing all assets to beneficiaries
- Preparing and submitting a final accounting to the court
- Facilitating the transfer of title once probate is complete
- Assisting in the sale of probate property
Once all required debts and taxes are paid, estate assets have been distributed, and all other obligations fulfilled, a petition for discharge is filed with the court to close the estate. If everything is in order, the court will issue an order relieving the personal representative of further responsibility, concluding the formal probate process.
How Long Does Formal Administration Take?
Formal probate administration in Florida typically takes six months to a year to complete, depending on the size and complexity of the estate, the number of creditors, and whether any disputes arise among beneficiaries. Estates with real property, business interests, or multiple beneficiaries often take longer to resolve.
When Is Formal Administration Required?
Formal administration is generally required in Florida when:
- The value of the estate’s non-exempt assets exceeds $150,000
- The decedent passed away less than two years before the petition is filed
- There are multiple beneficiaries with competing interests
- Creditor disputes or claims against the estate are anticipated
- The estate intends to engage in litigation, such as a wrongful death claim
Farshchian Law: Experienced Guidance for Formal Probate Administration
If you are a personal representative, petitioner, or other person charged with guiding an estate through Florida’s formal probate process, our probate attorneys can help you understand and fulfill your obligations, taking the burden off your shoulders and providing peace of mind.
Schedule a Free Consultation
Contact Farshchian Law for a free consultation on how our firm can assist with your formal probate administration.
Miami Office: 305-901-5628
Naples Office: 239-935-8599
Tampa Office: 813-367-0129
Toll-Free: 855-513-5880
Email: Info@JFRealEstateLaw.com