Florida Probate – Formal Administration

Formal Administration, often referred to as the standard Florida probate process, is the court-supervised method for handling larger or more complex estates in Florida.

It’s required when the estate doesn’t qualify for Summary Administration or when there are disputes, multiple creditors, or assets that require more court oversight.

When Formal Administration Is Required in Florida Probate

You will typically need Formal Administration if:

• The probate estate is worth more than $75,000 (excluding exempt property such as homestead).
• The decedent passed away less than two years ago and left assets requiring probate.
• There are disagreements among heirs or beneficiaries.
• The estate holds ongoing business interests, real estate in multiple counties, or other complex assets.

The Florida Probate Process in a Formal Administration

1. Petition for Administration is filed in the probate court.
2. The court appoints a personal representative (also called an executor).
3. The personal representative:
   • Locates and safeguards probate assets.
   • Publishes a Notice to Creditors.
   • Pays valid debts, expenses, and taxes.
   • Distributes the remaining assets according to the will or Florida intestacy laws.
4. Once all tasks are completed, the court approves the final accounting and closes the estate.

Why Formal Administration May Be Necessary

• Provides clear legal authority for the personal representative to act.
• Ensures proper payment of debts before asset distribution.
• Allows the court to help resolve disputes between heirs or beneficiaries.

Considerations in the Florida Probate Process

• Formal probate usually takes 6–12 months or longer for complex estates.
• More court filings, hearings, and legal requirements than Summary Administration.
• Probate files are public record, which means less privacy.