Glossary · Probate Administration
Formal Administration
The standard Florida probate process for larger or more complex estates, run by a court-appointed personal representative.
Formal administration is Florida’s full probate process. The court appoints a personal representative, issues Letters of Administration, and oversees the gathering of assets, the payment of valid debts, and distribution to the heirs or beneficiaries.
It is required when an estate does not qualify for summary administration, generally when the probate assets exceed 75,000 dollars and the person died within the last two years. Most estates with real property, multiple accounts, or any dispute run formally.
A clean formal administration usually takes about 8 to 12 months, driven largely by the three-month creditor claim period. Florida also requires the personal representative to be represented by an attorney in nearly all formal administrations.
In Florida
Florida separates formal administration from summary administration mainly by size and timing. Probate estates over 75,000 dollars, or any estate where the personal representative needs ongoing authority to act, go formal. Under the probate rules, the personal representative must be represented by a Florida attorney in a formal administration.
Common questions
How long does formal administration take in Florida?
A clean estate generally runs 8 to 12 months, with the three-month creditor period setting the floor. Disputes or out-of-state property extend it.
Do I need a lawyer for formal administration?
In nearly all cases, yes. Florida probate rules require the personal representative to be represented by an attorney in a formal administration.
Related terms
Paul Kogan
Fort Lauderdale Litigation Attorney, The Kogan Firm, P.A.
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Estate Planning and Probate
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This page is general information about Formal Administration under Florida law and does not constitute legal advice. Every family and estate is different.