A Step-by-Step Guide to Navigating the Formal Administration of a Florida Probate
Losing a loved one is difficult enough without the added burden of handling their financial and legal affairs. In Florida, probate is the court-supervised process that confirms a will’s validity, gathers the deceased’s assets, settles debts and taxes, and distributes what remains to beneficiaries.
For most estates valued over $75,000 or that include real property, the process involves formal administration, which typically lasts between six and eighteen months. At Robyn Lesser Law, we guide personal representatives and beneficiaries through each step, helping them avoid common mistakes that can lead to costly delays.
Step 1: Filing the Petition and Will
Probate begins when the personal representative (sometimes called the executor) files a Petition for Administration in the circuit court of the decedent’s county, along with a certified death certificate and the original will. After reviewing the documents, the court notifies heirs and beneficiaries, then issues Letters of Administration—the legal document that authorizes the representative to act on behalf of the estate.
This initial stage usually takes about a month. Delays often occur when required forms or signatures are missing. Our firm ensures all paperwork is properly prepared and submitted, avoiding one of the most common early setbacks.
Step 2: Notifying Creditors and Heirs
Once appointed, the personal representative must publish a Notice to Creditors in a local newspaper for at least two consecutive weeks and mail notices to known creditors. Creditors generally have three months (and never more than two years) to file claims.
At the same time, formal notice must be sent to beneficiaries so they can assert any rights or concerns. Overlooking creditors or missing publication deadlines can trigger late claims or disputes. Legal oversight helps ensure every creditor receives proper notice and that invalid claims are promptly contested.
Step 3: Inventorying Assets
Within sixty days of receiving Letters of Administration, the personal representative must file an Inventory listing all probate assets and their appraised values. This includes property held solely in the decedent’s name—such as real estate, bank accounts, vehicles, and investments.
It’s vital to secure physical property, protect financial assets, and properly value each item. Errors like undervaluing real estate or omitting accounts can lead to objections or extended court proceedings. Our team helps identify and appraise all eligible assets, ensuring nothing is overlooked.
Step 4: Paying Debts, Taxes, and Expenses
The estate must satisfy valid debts, administrative expenses, and any final income or estate taxes before distributing assets to beneficiaries. This step may involve negotiating creditor claims, selling property to raise funds, or filing necessary tax returns.
A lack of liquidity—when assets like real estate can’t easily be converted to cash—often slows this stage. Experienced probate counsel can plan ahead for tax obligations and ensure payments are made efficiently, preventing penalties or delays.
Step 5: Distributing to Beneficiaries
After the court approves the accounting and confirms all debts are paid, remaining assets are distributed according to the will—or, if no will exists, under Florida’s intestacy laws. Each beneficiary typically acknowledges receipt of their inheritance to document completion.
One of the biggest pitfalls at this stage is premature distribution before debts or disputes are resolved. Doing so can expose the personal representative to personal financial liability, known as a surcharge. Legal guidance ensures each step complies fully with court procedure.
Step 6: Final Accounting and Closing the Estate
To formally close the estate, the personal representative submits a Final Accounting detailing all transactions, expenses, and distributions. Once the court approves the report, it discharges the representative from further duties, marking the end of the case.
Incomplete records or missing receipts can prolong court approval. Our firm’s detailed recordkeeping prevents such issues and helps estates close smoothly and on schedule.
Common Pitfalls and How We Help
Even straightforward estates can encounter complications—from missing assets and creditor disputes to strained family relationships. Errors or conflicts can extend probate well beyond a year. Robyn Lesser Law offers comprehensive support at every phase, handling filings, asset inventory, creditor defense, and dispute resolution with precision and empathy.
Early consultation can save time, lower costs, and prevent unnecessary courtroom battles. By ensuring compliance with Florida law and clear communication among all parties, we help families move forward with confidence.