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Glossary · Probate Administration

Letters of Administration

The court order that gives a Florida personal representative legal authority to act for the estate.

By Paul KoganReviewed October 12, 2026

Letters of Administration are the document the probate court issues to prove that the personal representative has authority to act. Banks, title companies, and other institutions ask to see them before releasing funds or transferring property.

The court issues Letters after the petition for administration is granted and the personal representative is formally appointed. Until then, no one has authority to move estate assets.

In Florida, Letters are typically issued in a formal administration. Summary administration does not appoint a personal representative, so it produces an order of distribution rather than Letters.

In Florida

In Florida, Letters of Administration come out of a formal administration once the court appoints the personal representative. Summary administration skips this step, which is one reason it is faster but leaves no one with ongoing authority to manage assets.

How to get Letters of Administration in Florida

  1. 1

    Confirm the estate needs formal administration

    Letters only issue in a formal administration. If the probate estate is 150,000 dollars or less (deaths on or after July 1, 2026) or the death was more than two years ago, summary administration may apply instead, and it produces an order of distribution rather than Letters.

  2. 2

    Hire a Florida probate attorney

    Florida Probate Rule 5.030 requires the personal representative to be represented by an attorney in a formal administration unless the representative is the sole interested person. The attorney prepares and e-files everything below.

  3. 3

    File the Petition for Administration

    Filed in the circuit court of the county where the decedent lived, with the original will (if any), a certified death certificate, and the filing fee (about 401 dollars in Broward). The petition names the proposed personal representative and lists the beneficiaries.

  4. 4

    Serve or obtain waivers from interested persons

    Beneficiaries and heirs who would inherit without the will either sign a waiver and consent or receive formal notice of the petition. Waivers from everyone are the single biggest speed-up.

  5. 5

    Qualify the personal representative

    The representative signs an oath, designates a resident agent, and posts a bond unless the will waives it or the court excuses it. Florida residents, and close relatives who live out of state, can serve; other non-residents cannot.

  6. 6

    The court signs the order and the clerk issues Letters

    From a clean petition in Broward, Letters typically issue within two to four weeks. Order certified copies at the same time; banks, brokerages, and title companies each want one before they will release anything.

Common questions

What are Letters of Administration used for?

They prove the personal representative’s authority so banks, title companies, and others will release or transfer estate assets.

Paul Kogan, Fort Lauderdale litigation attorney

Paul Kogan

Fort Lauderdale Litigation Attorney, The Kogan Firm, P.A.

  • 17+ years
  • Florida Bar
  • Martindale Peer Rated

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This page is general information about Letters of Administration under Florida law and does not constitute legal advice. Every family and estate is different.