You’ve just lost someone. While grief takes hold, another wave hits—court forms, bank accounts, unpaid bills, and family questions. And one phrase keeps appearing in the paperwork: formal administration.
Formal administration can feel overwhelming. But at Bucelo Diaz Law, we make the process feel less like a maze and more like a roadmap. Led by a founding attorney with an LL.M. in Estate Planning, we bring deep knowledge and understanding to every case. Our virtual consultations and hands-on guidance mean you get expert support, wherever you are, whenever you need it.
What Is a Formal Administration in Florida?
Formal administration is the full probate process used when an estate exceeds $75,000 or includes real property. Florida courts supervise every step to ensure that debts are paid, taxes are handled, and rightful heirs receive what the law entitles them to.
Florida law requires formal administration when:
- The estate contains more than $75,000 in non-exempt assets,
- Real estate needs to be transferred, or
- No trust exists to avoid probate.
How does it work? A petition is filed in the probate court where the deceased lived or held property. The court appoints a personal representative to manage the estate. This person, often a family member, must:
- Collect and value assets,
- Notify creditors and beneficiaries,
- Pay outstanding debts and taxes, and
- Distribute the remaining property lawfully.
The court monitors the entire process to ensure legal compliance.
How Long Does a Formal Administration Take in Florida?
Clients often ask, How long does a formal administration take in Florida? The answer depends on the estate’s size and complexity, but most take 9 to 18 months.
Here’s a rough timeline:
- Two to six weeks—file a petition and receive a court appointment;
- Three months—creditors are notified and allowed to file claims;
- 6 to 12 months—collect assets, pay debts, and taxes; and
- 9 to 18 months—final distribution and closing of the estate.
Having experienced counsel can reduce delays and avoid costly mistakes.
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Formal Administration Probate Florida: Step-by-Step
If you’re facing formal administration probate, the Florida firm Bucelo Diaz Law can help. We work with families through every stage of cases. The process includes:
- Petitioning the court for formal administration,
- Obtaining Letters of Administration,
- Publishing creditor notices and notifying heirs,
- Preparing an inventory and assigning values to assets,
- Paying valid claims and filing tax returns,
- Distributing assets according to the will or state law, and
- Filing a final report and closing the estate.
Each step must follow specific Florida probate rules. One oversight can trigger months of delay.
Are There Alternatives to Formal Administration in Florida?
Depending on the estate, simpler options may be available. For example:
- Summary administration—for estates under $75,000 or if the decedent has been dead for more than two years;
- Disposition without administration—for very small estates covering only funeral or medical expenses; and
- Revocable living trusts—avoid probate entirely, but only if set up and funded before death.
Choosing the right option starts with understanding the facts. We help you find the most efficient and effective path based on your goals.
Frequently Asked Questions
Is A Lawyer Required for Formal Administration?
Yes. Florida law generally requires an attorney to handle formal probate cases.
Can I Be the Personal Representative?
Yes, if named in the will or qualified under Florida law. The court must approve your appointment.
What If There’s No Will?
Florida’s intestacy statutes determine who inherits and who can serve as a representative. We’ll walk you through the process.
How Much Does It Cost?
Probate costs vary. Filing fees, publication costs, and attorney fees all apply. We offer transparent pricing and no surprises.
Will I Have to Go to Court?
Usually not. Your attorney handles most filings and communication.
Bucelo Diaz Law: Your Legal Champions
Probate is more than paperwork. It’s people, emotions, and timing. Here are just a few reasons why families choose Bucelo Diaz Law:
- Our lead attorney, Alexis Diaz, has a JD and LL.M. in Estate Planning;
- Our team blends legal and business knowledge to address complex asset structures;
- We offer remote, 30-minute consultations to fit your schedule; and
- We personalize every plan and explain each step without legal jargon.
At Bucelo Diaz Law, we provide the legal skill of a large firm with the personal attention of a dedicated team. We’ll help you understand what’s ahead and navigate every part of the process. Schedule your complimentary 30-minute virtual consultation today. Probate doesn’t have to be intimidating. With experienced legal guidance, formal administration is a step-by-step process with positive results.