Florida Estate Administration Lawyers
When a loved one passes away, the last thing any family wants to deal with is complicated legal paperwork. At Florida Probate Law Firm, our Florida estate administration lawyers understand how difficult this time can be, and we are here to make the probate process as smooth and stress-free as possible.
Whether you are a surviving spouse, an adult child, or a named personal representative, our team is ready to walk beside you through every step of the process.
Florida law sets specific rules for settling a person’s financial affairs after they pass. Having the right legal team behind you makes a real difference.
Contact us today at (561) 210-5500 for your free consultation.
Why Choose a Florida Estate Administration Lawyer from the Florida Probate Law Firm
When you retain our firm, you receive personal, direct assistance from Florida probate attorneys Thomas R. Walser and Michael Bracchi. You will not be handed off to junior staff or left wondering about the status of your case. Here is what sets us apart:
- Immediate Response Time: We know your questions cannot wait. When you reach out to us, you get a prompt, no-cost consultation with one of our attorneys so you can start getting answers right away.
- No Large Deposit Required: We are confident in our ability to gain access to an estate. In many cases, we are paid from the proceeds of the estate itself, with only a minimal deposit required to get started.
- Completely Remote and Electronic: You do not need to visit an office or attend a hearing for a standard probate administration. We handle everything electronically, from sending documents for your signature to e-filing with the court.
- Fast Turnaround on Pleadings: Our team can prepare and deliver pleadings in as little as 24 to 48 hours, so your case keeps moving forward without unnecessary delays.
- Statewide Service Across Florida: Whether you live near the beaches of Fort Lauderdale, the palm-lined streets of Boca Raton, or anywhere else in Florida, we serve families in every county from the comfort of your own home.
We truly want the best for you and your family, and our modern approach means your case progresses as quickly as you are ready to move.
What Is Estate Administration Under Florida Law?
Estate administration is the formal process of managing and distributing a deceased person’s assets, paying their remaining debts, and closing out their financial affairs. In Florida, this process is governed by the Florida Probate Code (Title XLII, Chapters 731-735), which lays out the rules for how estates must be handled.
In simple terms, estate administration is the legal system’s way of making sure that a person’s wishes are honored after they pass away.
If they had a will, the court works to carry out those instructions.
If there was no will, Florida’s intestacy laws determine who inherits what. Either way, the process requires court oversight to protect the rights of beneficiaries and creditors alike.
The Role of the Personal Representative in Florida Estate Administration
In Florida, the person responsible for managing the estate is called the personal representative. You may have heard this role called an “executor” or “executrix” in other states. The personal representative is typically named in the deceased person’s will. If there is no will, the court appoints someone, usually a close family member.
Being named as a personal representative is both a privilege and a serious responsibility. Florida law requires the personal representative to:
- Identify and gather all of the deceased person’s assets, including bank accounts, real property, investment accounts, and personal belongings
- Notify known creditors and publish a legal notice to alert any unknown creditors of the estate
- Pay valid debts, taxes, and administrative expenses from estate funds
- Distribute the remaining assets to the rightful beneficiaries or heirs
- File a final accounting with the court, if required, to show that everything has been handled properly
This can feel like a lot, especially during an already emotional time. That is exactly why having an experienced Florida estate administration attorney by your side matters so much. We handle the legal details so you can focus on your family.
Summary Administration vs. Formal Administration in Florida
Not every estate goes through the same process. Florida law provides two main paths for estate administration, and the right one for your situation depends on the size and complexity of the estate.
- Summary Administration
Summary administration is a shorter, simplified version of the probate process. Under Florida Statute 735.201, an estate may qualify for summary administration if the total value of the estate (not counting exempt property) is $75,000 or less, or if the person passed away more than two years ago. This process moves faster because a personal representative does not need to be formally appointed. Once the court issues its order, assets can be distributed to beneficiaries right away.
- Formal Administration
Formal administration is the standard probate process for larger or more complex estates. The court formally appoints a personal representative, who then manages the estate from start to finish. This process involves additional steps, including a creditor claims period that typically lasts 90 days, during which creditors can come forward with valid debts against the estate.
During your free initial consultation with our attorneys, we will analyze your unique situation and let you know which type of administration applies to your case. We will also provide a preliminary estimate of costs, including court filing fees, so there are no surprises along the way.
What Assets Go Through Estate Administration in Florida?
One of the most common questions families have is which assets actually need to go through probate. Not everything a person owned at the time of their death is part of the probate estate. Understanding the difference can save time and reduce confusion early in the process.
Assets that typically go through probate include:
- Real estate held solely in the deceased person’s name (such as a home or vacant lot)
- Bank accounts that do not have a payable-on-death (POD) designation or a joint owner
- Vehicles titled only in the deceased person’s name
- Personal belongings such as jewelry, furniture, and collectibles
- Investment or brokerage accounts without a transfer-on-death (TOD) designation
Assets that typically do not go through probate include:
- Life insurance policies with a named beneficiary
- Retirement accounts (such as 401(k) or IRA) with a named beneficiary
- Jointly owned property with rights of survivorship
- Assets held inside a trust
If you are not sure which assets are part of the probate estate, we can help you sort through everything during your consultation.
How Long Does Florida Estate Administration Take?
The timeline for estate administration in Florida depends on several factors, including the type of administration, the complexity of the assets, and whether any disputes arise among beneficiaries or creditors.
Summary administration cases can sometimes be resolved in just a few weeks, especially when the paperwork is straightforward and all parties cooperate. Formal administration typically takes longer, often between six months and a year, because of the required creditor notice period and additional court filings.
At our firm, we pride ourselves on moving quickly. We utilize the latest technology and software to push your case forward as fast as you and your family are ready. We prepare pleadings within 24 to 48 hours and handle all filing electronically, which eliminates unnecessary trips to the courthouse and helps avoid common delays.
What Happens When There Is No Will?
If your loved one passed away without a will (which the law calls dying “intestate”), Florida’s intestate succession laws (Florida Statute 732.101-732.111) determine who receives the assets. Generally, the surviving spouse and children are first in line. If there is no surviving spouse or children, the estate may pass to parents, siblings, or more distant relatives.
Even without a will, the estate still needs to go through probate administration. The court will appoint a personal representative to manage the process, and all of the same steps apply, including gathering assets, paying debts, and distributing what remains. We handle intestate estates regularly and can guide you through every step.
Our Simple Three-Step Estate Administration Process
We have designed our process to be as easy on you as possible. Here is how it works:
- Step 1: Schedule a Free Initial Consultation. During this conversation, we will spend whatever time is needed to analyze your unique case and determine whether it qualifies for summary or formal administration. We will also give you a preliminary estimate of costs so you know what to expect.
- Step 2: Collect and Send Your Paperwork. Simply scan and email your related documents to our secure online mailbox. From that information, we prepare your probate petition, send it to you for review, and file it with the appropriate local court on your behalf.
- Step 3: Receive Your Court Approval. Once the court accepts the petition, an order is issued and assets are distributed to beneficiaries and creditors according to the law. Formal administration cases may involve additional steps, but we will keep you informed the entire way.
From the initial filing to the final distribution, our Florida estate administration lawyers handle every detail so you can focus on what matters most.
How Estate Planning Connects to Estate Administration
Going through probate often opens families’ eyes to the importance of planning ahead. A well-prepared estate plan can simplify the administration process for your own loved ones down the road. Tools like wills, trusts, and beneficiary designations can reduce the number of assets that need to go through probate and help your family avoid unnecessary delays and expenses.
In addition to probate administration, we also help families with estate planning. Whether you need a basic will, a more comprehensive trust, or simply want to review your existing plan to make sure everything is in order, our attorneys can help you protect your family’s future.
Let Our Florida Estate Administration Lawyers Help Your Family
Losing a loved one is one of life’s most difficult experiences, and dealing with legal and financial matters during that time can feel like a heavy burden. At Florida Probate Law Firm, we are here to carry that weight for you. Our attorneys, Thomas R. Walser and Michael Bracchi, personally handle every case with care, compassion, and a commitment to keeping you informed at every step.
Whether you are just beginning to explore your options or you are ready to start the probate process, we invite you to reach out for a free, no-obligation consultation. Call us today at (561) 210-5500 or contact us online. We serve families throughout the entire state of Florida, and everything can be handled remotely for your convenience. Let us take care of the legal details so you can focus on what truly matters: your family.
FAQs Answered by Our Florida Estate Administration Lawyers
Florida law generally requires that a personal representative be represented by an attorney during formal probate administration. Even in summary administration, having legal guidance helps you avoid costly mistakes and keeps the process moving efficiently.
The cost varies depending on the type of administration, the size and complexity of the estate, and court filing fees in the specific county. During your free consultation with our firm, we provide a preliminary cost estimate so you have a clear picture before moving forward.
Yes. For a standard probate administration, there is typically no need for you to appear in person at the courthouse. Our firm handles everything electronically, including document signatures and court filings, so you can complete the entire process from wherever you are.
When a person owns real property in another state at the time of death, a separate probate proceeding called ancillary administration may be required in that state. The primary estate administration still takes place in Florida if the person lived here. Our estate administration attorneys can explain how this works and help coordinate the process.
Yes. Under Florida law, a personal representative can be removed by the court if they fail to fulfill their duties, become incapacitated, or act in a way that harms the estate or its beneficiaries. If you have concerns about how an estate is being managed, it is important to seek legal guidance promptly.
While there is no strict deadline to open probate, it is generally best to begin the process as soon as possible after a loved one passes away. Waiting too long can complicate matters, especially when it comes to creditor claims, property transfers, and the preservation of estate assets.
