Formal Administration in Florida: Steps, Timeline, and What the Personal Representative Actually Does

Formal administration is full Florida probate: the court appoints a personal representative, creditors get a three-month window to file claims, and the personal representative collects the assets, pays what’s valid, and distributes the rest under court supervision. It’s required when the estate doesn’t qualify for summary administration, and it’s often the better choice even when the estate technically could go summary — because it’s the only proceeding that gives someone legal authority to act for the estate and permanently cuts off creditors.

Step 1: Opening the Estate

The process starts with a petition for administration in the circuit court where the decedent lived, filed with the original will (if any) and a death certificate. Priority for appointment goes to the person named in the will, then to the surviving spouse, then to the person selected by a majority in interest of the heirs (§733.301, Fla. Stat.).

The court admits the will, appoints the personal representative, and issues letters of administration, the document banks, brokerages, and title companies actually require. Until letters issue, nobody has authority to touch anything.

Florida imposes qualification rules worth knowing up front: a nonresident can serve only if related to the decedent in specified ways (§733.304, Fla. Stat.), and convicted felons cannot serve. A bond is required unless waived by the will or the court.

Step 2: Notice and the Creditor Claim Period

The personal representative publishes a notice to creditors and serves it on reasonably ascertainable known creditors. Creditors then have until the later of three months after first publication or 30 days after service to file claims (§733.702, Fla. Stat.). Claims not filed in time are barred, and everything is barred two years after death regardless (§733.710, Fla. Stat.).

This claim bar is the main reason to choose formal administration even when summary administration is available. The beneficiaries do not inherit the debts along with the assets: a claim either surfaces inside the window and gets resolved, or it is barred permanently. The personal representative can object to claims, forcing the creditor to sue within 30 days or lose the claim.

At the same time, a notice of administration is served on the spouse and beneficiaries, starting a three-month clock to challenge the will’s validity (§733.212, Fla. Stat.).

Step 3: Inventory, Assets, and the Middle of the Case

Within 60 days of letters, the personal representative files an inventory of estate assets (Fla. Prob. R. 5.340). Then the substantive work begins: retitling accounts, getting date-of-death values, dealing with the homestead determination if there’s a house, selling property that needs to be sold, filing the decedent’s final income tax return, and, for taxable estates, the federal estate tax return. The surviving spouse’s statutory rights run through this phase too: exempt property (§732.402), family allowance (§732.403), and the six-month deadline on the homestead election under §732.401.

Step 4: Accounting, Distribution, and Discharge

Once the claim period closes and claims are resolved, the personal representative pays administration expenses and valid claims, files a final accounting (waivable by the beneficiaries), distributes the estate, and petitions for discharge. The discharge order ends the personal representative’s liability and closes the estate.

How Long Does Formal Administration Take?

A clean estate (cooperative family, no litigation, no house to sell, no tax return) realistically runs six months to a year. The creditor period alone guarantees the first three-plus months. Add a homestead sale, an ancillary proceeding, a will contest, or a Form 706, and it stretches accordingly. Delays almost always come from a dispute or a missing signature, not from the court.

Common Questions

Do all the heirs have to agree to open probate? No. Any interested person can petition. Disagreement about who serves gets resolved by the statutory priority list and, if necessary, the judge.

Can I be personal representative if I live out of state? Only if you’re a close relative within §733.304’s categories — spouse, parent, child, sibling, and certain others related by lineal consanguinity. A family friend in Georgia cannot serve; a daughter in Georgia can.

Does the personal representative have to hire a lawyer? Yes, in virtually all formal administrations — Fla. Prob. R. 5.030 requires it unless the personal representative is the sole interested person.

Reviewed by David A. Shulman, Florida Bar Board Certified in Wills, Trusts & Estates. Last updated July 2026.