Formal Administration in Florida

Your Formal Administration Journey with MTM

STEP ONE: Free Consultation and Case Analysis

We begin with a free, in-depth consultation to assess your unique situation. We'll determine if formal administration is the best fit and provide a clear cost estimate, including court fees.

STEP TWO: Secure Document Submission

We leverage technology to make it easy. Simply scan and send relevant documents to our secure online mailbox. We'll then prepare your probate petition and file it with the appropriate court on your behalf.

STEP THREE: Court Approval and Beyond

Once the court accepts your petition, the formal administration process begins. We'll guide you through every subsequent step, ensuring meticulous attention to detail and compliance with Florida probate law.

We're here to simplify the process and give you the clarity and confidence you need during this challenging time.

Why Choose MTM Law Firm for Your Formal Administration?

Serving as a Personal Representative in Florida probate is a significant responsibility. You're entrusted with managing the decedent's assets, addressing creditor claims, and ensuring the estate is settled according to the will or Florida law.

At MTM Law Firm, we recognize the weight of this duty. We are dedicated to providing you with the guidance and support you need to navigate the complexities of formal administration.

Understanding Your Fiduciary Responsibilities

We'll clearly explain your duties as a Personal Representative, ensuring you understand your obligations to creditors, the IRS, and beneficiaries.

Inventory and Management of Assets

We'll guide you through the process of identifying, securing, and managing the estate's assets with diligence and transparency.

Effective Communication with All Parties

We'll help you maintain open communication with beneficiaries and creditors, providing timely updates and addressing any concerns.

Accurate Preparation and Filing of Court Documents

We'll meticulously prepare and submit all required court filings, ensuring compliance with Florida probate procedures and deadlines.

Strategic Decision-Making

We'll provide expert advice and guidance to help you make informed decisions regarding asset sales, creditor negotiations, and distributions.

If you have questions about Probate or Formal Administration issues, call 863.250.2990 today to schedule your Free Consultation with our Probate attorneys.

Frequently Asked Questions Regarding Formal Administration

When does an estate in Florida require Formal Administration?

An estate in Florida typically requires Formal Administration if the value of the probate assets exceeds $75,000. This process is also mandatory if the decedent has been deceased for less than two years and the estate cannot qualify for Summary Administration. Formal Administration is the standard, court-supervised process for probating an estate in Florida, involving more steps and oversight. A Personal Representative (PR) is appointed by the court to administer the estate, which is a significant and regulated responsibility. Due to the complexity of the legal requirements, a Formal Probate Administration Lawyer is essential for this process. Florida Probate Rule 5.030(a) mandates that a PR in a formal administration must be represented by an attorney unless they are the sole interested person. The lawyer ensures strict compliance with procedural deadlines, proper creditor notification, and correct asset distribution according to the law. Consequently, retaining a knowledgeable attorney is necessary to successfully navigate the formal probate process and fulfill all legal duties.

How do I know if the deceased person's assets are "probate assets" that need to go through this process?

You can identify "probate assets" in Florida as property that was owned solely by the deceased person at the time of their death. According to Florida law, if an asset does not have a provision for automatic transfer of ownership upon death, it is a probate asset. Examples include bank accounts, vehicles, and real estate titled only in the decedent's name, or with another person as "tenants in common." Conversely, "non-probate assets" bypass the court process entirely because ownership transfers automatically. Common examples of non-probate assets include life insurance proceeds, retirement accounts, and Payable-on-Death (POD) or Transfer-on-Death (TOD) accounts, as long as a beneficiary is named. Property owned by a married couple as "tenancy by the entirety" also automatically passes to the surviving spouse. Furthermore, in Florida, homestead property, up to $20,000 in household furnishings, and two motor vehicles are generally exempt from creditor claims and may transfer outside of probate under specific conditions. To confirm the status of a specific asset, such as real estate, it is always best to have an attorney examine the deed or financial institution documentation. Ultimately, probate is necessary only to legally retitle those assets that have no other mechanism for transfer upon the owner's death.

If there is no will, who has priority to be appointed as the Personal Representative in Florida?

According to Florida Statute §733.301, a clear order of preference is followed in intestate estates, meaning when there is no will. The person with the highest priority to be appointed as the Personal Representative is the decedent's surviving spouse. If there is no surviving spouse, or if they are unable or unwilling to serve, the priority shifts to the person selected by a majority in interest of the heirs. This means the person chosen by the beneficiaries who collectively hold the largest share of the estate. Next in line is the heir nearest in degree of kinship to the decedent. For example, if no spouse or majority selection exists, a sole child would have priority over a grandchild or sibling. If multiple heirs are in the nearest degree, the probate court will use its discretion to select the one it deems best qualified. To be eligible for appointment, any individual must generally be at least 18 years old, mentally and physically capable, and have no felony conviction. Non-Florida residents are usually disqualified unless they are a spouse or close blood relative of the decedent. If no one with priority applies, the court may appoint any capable person, excluding certain court-connected individuals.

In a Formal Administration in the State of Florida, What is a Notice of Administration, and who receives it?

The Notice of Administration is a formal document in Florida probate, mandated by Florida Statute §733.212, which officially notifies interested parties that a formal estate administration has commenced. Its primary purpose is to inform recipients about the court proceedings, including the name of the Personal Representative and the estate's file number. Crucially, the Notice provides a deadline for any interested person to file an objection challenging the validity of the will, the venue, or the court's jurisdiction. Objections must generally be filed on or before three months after the date of service of the Notice. The Personal Representative is required to promptly serve a copy on the decedent's surviving spouse. It must also be served on all beneficiaries of the estate and certain trustees of the decedent's trusts. Furthermore, the Notice is required for any persons who may be entitled to claim exempt property from the estate. The Personal Representative may also serve the Notice on other parties who may claim an interest, such as heirs disinherited by the will.

What happens if there isn't enough money in the estate to pay all the debts in the State of Florida?

If a Florida estate lacks sufficient funds to pay all valid debts, it is considered insolvent, and the Personal Representative must follow a strict statutory priority list. Florida Statute §733.707 divides all estate expenses and obligations into eight specific classes, with Class 1 being the highest priority. The first class to be paid includes the costs and expenses of the estate's administration, along with the compensation for the Personal Representative and their attorneys. Next in line is Class 2, which covers reasonable funeral, interment, and grave marker expenses, though this is capped at an aggregate of $6,000. Subsequent classes include federal taxes, medical expenses from the last 60 days of the decedent's final illness, family allowance, and court-ordered child support arrearages. All other claims fall into the final, lowest priority class (Class 8), including most credit card and general unsecured debts. The Personal Representative must fully pay all claims in a higher class before moving to the next. If the available assets are insufficient to satisfy all claims within a single class, all creditors in that class are paid ratably, meaning they receive a proportional share of the remaining funds. Consequently, any lower-priority classes of creditors will receive nothing, and beneficiaries will receive no distributions. Crucially, Florida law provides that a beneficiary is not personally liable to pay the decedent's unsecured debts out of their own money.

Probate and Formal Administration Lawyers serving Polk County Florida, including: Lakeland, Winter Haven, Bartow, Auburndale, Babson Park, Bowling Green, Bradely Junction, Brewster, Combee Settlement, Crooked Lake Park, Crystal Lake, Cypress Gardens, Davenport, Dundee, Eagle Lake, Fort Meade, Frostproof, Fussels Corner, Gibsonia, Green Pond, Haines City, Highland Park, Highlands City, Hillcrest Heights, Jan Phyl Village, Inwood, Kathleen, Lake Alfred, Lake Hamilton, Lake Wales, Lakeland Highlands, Mulberry, Polk City, Willow Oak, Wahneta, Waverley, Hillsborough County Florida, including: Tampa, Brandon, Plant City, Citrus Park, Temple Terrace, Apollo Beach, Balm, Bealsville, Bloomingdale, Cheval, Dover, Egypt Lake-Leto, Fort Lonesome, Gibsonton, Greater Carrollwood, Greater Sun Center, Gulf City, Hopewell, Keysville, Lake Magdalene, Lithia, Lutz, Mango, Orient Park, Palm River-Clair Mel, Pebble Creek, Progress Village, Riverview, Ruskin, Seffner, Sun City, Thonotosassa, Town 'N Country, Turkey Creek, Valrico, Westchase, Wimauma, Ybor City, Orange County Florida, including: Orlando, Maitland, Apopka, Winter Park, Alafaya, Bay Lake, Belle Isle, Bithlo, Christmas, Doctor Phillips, Eatonville, Edgewood, Fairway Shores, Goldenrod, Gotha, Hunter's Creek, Lake Buena Vista, Lockhart, Meadow Woods, Oakland, Ocoee, Orlovista, Pine Castle, Pine Hills, Southchase, South Apopka, Taft, Tangerine, Union Park, Wedgefield, Williamsburg, Windermere, Winter Garden, Zellwood, Central Florida and throughout the State of Florida.