Florida’s formal administration probate provides a structured approach to managing and distributing a decedent’s estate. Below is an estimated timeline of the key steps involved in this process:
Filing the petition for formal administration
The first step in the probate process is filing a petition for formal administration with the appropriate Florida probate court. The personal representative (PR) submits the petition along with the decedent’s will (if applicable) and a certified death certificate. This filing initiates the probate proceedings.
Appointment of personal representative
Timeline: Estimated two to three weeks after filing the petition
If the court approves the petition, it issues Letters of Administration and an Order Appointing a Personal Representative. These documents officially authorize the PR to manage the estate’s assets and responsibilities.
Notice to creditors
Timeline: Creditor period lasts 90 days from the initial publication date
The personal representative, through their counsel, must:
- Publish a notice to creditors in a local newspaper to inform potential creditors of the probate proceedings
- Send direct notices to known creditors of the estate
Creditors have 90 days from the publication date to file claims against the estate. Any known creditors that receive a notice from the PR have 30 days to file a claim.
Inventory of estate assets
Timeline: Within 60 days of appointment as PR
The PR, through their counsel, prepares and files a detailed inventory of the estate’s assets with the court. This inventory provides a comprehensive list of the decedent’s property, including real estate, financial accounts, personal items and other valuables.
Payment of debts and taxes
Timeline: Three months after publication of notice to creditors
The PR is responsible for resolving the estate’s financial obligations, which include:
- Valid creditor claims
- Outstanding debts
- Applicable taxes owed by the estate
While no payments to creditors should be made until the expiration of the creditor period, ongoing expenses, such as real property maintenance, must still be addressed. Liquidating assets may be necessary to meet these obligations.
Final accounting
Timeline: After the expiration of the creditor period
A comprehensive final accounting of the estate’s financial activities must be prepared and submitted to the court. However, it is not uncommon for beneficiaries of the estate to waive such an accounting. This report details all income, expenses and distributions. In many cases, beneficiaries may waive their right to receive a formal accounting in writing.
Distribution of assets and closing of the estate
Timeline: After preparation or waiver of final accounting and submitting closing documents
Once the court approves the final accounting, the PR can distribute the remaining assets to the beneficiaries. Distributions are made according to the decedent’s will or, in the absence of a will, Florida’s intestacy laws.
The final step involves filing a petition to close the estate. After confirming that all debts have been paid and assets distributed, the court will issue an order officially closing the probate case.
Key takeaways
Understanding the timeline for formal administration probate in Florida is crucial for personal representatives and beneficiaries. While the process can be time-consuming, following each step diligently ensures the estate is handled according to Florida law and the decedent’s wishes.