Florida formal administration | A Florida Probate

Formal administration is the standard Florida probate proceeding. The court appoints a personal representative and issues “letters of administration,” the document that gives that person legal authority to act for the estate. The personal representative then gathers the assets, notifies beneficiaries and creditors, pays valid debts and expenses, and distributes what remains. The court discharges the personal representative once the estate is fully administered.

It is required when an estate does not qualify for summary administration, and it is often the better choice even when it does, because someone needs continuing authority to act.

When formal administration is used

The Florida probate estate, less exempt property, is above the summary administration limit and the death was within the last two years.
The will directs administration under chapter 733.
Someone needs authority over time: to collect accounts, sell property, pursue or settle a lawsuit, or deal with creditors.
Beneficiaries disagree, cannot be located, or will not sign a summary administration petition.

The process in ten steps

Every estate is different, but most formal administrations move through these steps. Some run in parallel, and disputes, missing assets, or tax issues add work at several points.

Deposit the original will and confirm the county. Whoever has the original will must deposit it with the clerk within 10 days after learning of the death (§ 732.901). The case is filed in the county where the decedent was domiciled; for a nonresident, in a county where property is located (§ 733.101).
Decide who should serve as personal representative. The person nominated in the will has first preference. Without a will, the surviving spouse has preference, then the person selected by a majority in interest of the heirs (§ 733.301). The person must be at least 18 and must not have a disqualifying conviction (§ 733.303). A nonresident can serve only if closely related to the decedent, such as a child, parent, sibling, or a spouse of one of them (§ 733.304).
File the petition for administration. Any interested person may petition (§ 733.202). If the will is self-proved, it can usually be admitted without further proof; otherwise a witness’s oath or other proof is needed (§ 733.201). The petitioner may serve formal notice before letters issue, which requires anyone served to raise objections to the will, venue, or jurisdiction at that stage (§ 733.2123).
Post any bond and receive letters. A bond is required unless the will or the court waives it, and its amount depends on the estate’s value, the assets, and the people involved (§ 733.402, § 733.403). The court then issues letters of administration. Banks, title companies, and others will ask for certified copies.
Serve the notice of administration. The personal representative serves it on the surviving spouse, the beneficiaries, and others listed in § 733.212. Service starts important deadlines: 3 months to object to the will, venue, or jurisdiction; 4 months to claim exempt property (§ 732.402); and, for a surviving spouse, the earlier of 6 months after service or 2 years after death to elect an elective share (§ 732.2135).
Publish and serve the notice to creditors. The notice runs once a week for two consecutive weeks in a local newspaper. Known or reasonably ascertainable creditors must be served directly, and if the decedent was 55 or older, the Agency for Health Care Administration as well (§ 733.2121). See how creditor deadlines work.
Take control of the assets and file the inventory. The personal representative takes possession or control of the probate assets, except the protected homestead (§ 733.607, § 733.608). An inventory of assets and date-of-death values is due within 60 days after letters (Fla. Prob. R. 5.340) and is served on the surviving spouse and residuary beneficiaries or heirs. Inventories are confidential court records (§ 733.604).
Review and resolve claims and taxes. Each filed claim is reviewed. The personal representative may object within the later of 4 months after first publication or 30 days after the claim is filed (§ 733.705). Valid claims and expenses are paid in the order Florida law sets (§ 733.707). Final income tax returns, and a federal estate tax return if one is required, are prepared.
File the final accounting and petition for discharge. These show every receipt, payment, and fee, and a plan of distribution. They are due within 12 months after letters are issued when no federal estate tax return is required, unless the court extends the time (Fla. Prob. R. 5.400). Interested persons have 30 days after service to object (Fla. Prob. R. 5.401).
Distribute and close the estate. After objections are resolved or the time passes, the personal representative distributes under the approved plan and files proof. The court then enters an order of discharge, which releases the personal representative and the surety on any bond (§ 733.901).

The personal representative’s role

A personal representative is a fiduciary held to the standard of care that applies to trustees, with a duty to settle the estate as efficiently as is consistent with the interests of the estate (§ 733.602). In practice, that means keeping estate money separate, keeping records, communicating with beneficiaries, and not distributing before claims and taxes are addressed. Personal representatives are entitled to compensation; Florida law sets a schedule that is presumed reasonable, and the personal representative may waive it (§ 733.617).

What can change the timing and the work

Disputes over the will, the choice of personal representative, or a creditor claim
Protected homestead, which passes outside the personal representative’s control and usually needs a court determination of its status
Real estate that must be sold, repaired, or cleared of title problems
A lawsuit or settlement that belongs to the estate (see probate for settlement matters)
Assets in other states, which may need their own proceeding there
Taxes, including a federal estate tax return when one is required

An example

A Seminole County man dies with a will naming his daughter, who lives in Georgia, as personal representative. She qualifies because she is his child (§ 733.304). His estate includes a brokerage account in his name alone, a car, and a condominium he rented out, worth well over the summary administration limit in total. The will is self-proved, so it is admitted without witness testimony, and the will waives bond. Once letters issue, the daughter serves the notice of administration on her brother, publishes the notice to creditors, files the inventory, collects rent, and later sells the condominium. When the claims period ends and two filed claims are paid, she files her final accounting and plan of distribution. Her brother does not object, the assets are distributed, and she is discharged.

Common mistakes

Distributing to beneficiaries before claims, taxes, and expenses are resolved
Mixing estate money with personal money, or paying estate bills from a personal account without records
Missing the inventory deadline or failing to serve it
Assuming the homestead is part of the estate the personal representative controls
Treating “no one objected” as a substitute for the required notices

What to gather

The original will and any codicils, and a certified death certificate
Names, addresses, and relationships of the spouse, children, and every beneficiary
Recent statements for every account, with ownership and beneficiary information
Deeds, mortgage statements, and property tax bills for any real estate
Known debts, recent medical bills, and funeral receipts
The decedent’s recent income tax returns
Any court papers, lawsuits, or settlement documents

Related guidance

Sources: Florida Statutes § 732.402, § 732.901, § 732.2135, § 733.101, § 733.201, § 733.202, § 733.2121, § 733.2123, § 733.212, § 733.301, § 733.303, § 733.304, § 733.402, § 733.403, § 733.602, § 733.604, § 733.607, § 733.608, § 733.617, § 733.705, § 733.707, and § 733.901 (2026); Florida Probate Rules 5.340, 5.400, and 5.401 (October 15, 2026 edition). Checked against these sources on October 23, 2026.