Florida Formal Probate Administration
Fla. Stat. Ch. 733
Formal Administration is Florida's full-court-supervised probate procedure, used for estates that don't qualify for Summary Administration. A Personal Representative is appointed by the court, creditor claims are formally processed, and the estate is administered under the supervision of the probate division — typically over 6 to 12 months.
What it is
Formal Administration is the principal form of Florida probate. It is governed by Florida Statutes Chapter 733 and Florida Probate Rules 5.200 through 5.499. Unlike Summary Administration — which is faster but limited to small or aged estates — Formal Administration is available for any Florida estate and is required whenever the estate does not meet the narrow Summary thresholds under Fla. Stat. § 735.201.
The defining feature of Formal Administration is the appointment of a Personal Representative (sometimes called an executor in other states). The Personal Representative is the fiduciary who marshals the decedent's assets, gives notice to creditors, pays valid debts and taxes, and ultimately distributes the remainder to the beneficiaries or heirs at law. Florida Probate Rule 5.030 requires the Personal Representative to be represented by an attorney, with limited exceptions for solo beneficiary/PR situations.
Formal Administration is appropriate for estates with active business interests, contested matters, significant or uncertain creditor exposure, real estate that must be sold during administration, ongoing litigation, or any situation where the estate needs an empowered fiduciary to act. The Letters of Administration issued by the court are the legal authority that allows the Personal Representative to access bank accounts, sign deeds, and engage with third parties on the estate's behalf.
When Formal Administration Applies
Formal Administration is the default Florida probate procedure and is required whenever Summary Administration is not available. Specifically, Formal Administration is necessary when:
- The estate's non-exempt assets exceed the statutory Summary Administration threshold (currently $75,000 under Fla. Stat. § 735.201) AND the decedent has been dead less than two years.
- There are creditor disputes or contested claims that require a Personal Representative to defend or compromise.
- There is a will contest, an undue-influence claim, or any other dispute requiring formal court supervision under Fla. Stat. § 733.109.
- The estate has ongoing business interests, partnership winding-up obligations, or litigation that must be prosecuted or defended on behalf of the estate.
- Real property must be sold during administration (Summary Administration distributes by court order — there is no Personal Representative to sign a deed mid-administration).
- A federal estate tax return (Form 706) must be filed — generally for gross estates exceeding the federal exemption amount.
Even when an estate could technically qualify for Summary Administration on the dollar threshold, families sometimes choose Formal Administration because the appointment of a Personal Representative is procedurally cleaner — particularly when the estate touches multiple counties, multiple states, or asset classes (brokerage accounts, retirement plans with no beneficiary, closely-held business interests) that require an authorized fiduciary to negotiate transfers.
Formal vs. Summary Administration
| Aspect | Florida Formal Probate Administration | Summary Administration |
|---|---|---|
| Governing statute | Fla. Stat. Ch. 733 | Fla. Stat. Ch. 735, Part I |
| Typical timeline | 6–12 months minimum | 4–8 weeks from filing |
| Personal Representative appointed | Yes — by Letters of Administration | No — court distributes by order |
| Attorney required | Yes — Fla. Prob. R. 5.030 (limited exceptions) | Not always |
| Creditor notice | Publication + 3-month claim period under § 733.2121 | Limited service on known creditors |
| Inventory and accountings | Required — § 733.604, § 733.901 | Not required |
| Use case | Any estate; required if Summary not available | Non-exempt assets ≤ threshold or > 2 years deceased |
Step-by-Step Timeline in Orange County
Formal Administration in the Orange County Probate Division typically runs 6 to 12 months from filing to closing for a routine estate, with complex or contested matters running considerably longer. The minimum timeline is largely driven by the 3-month creditor-claim window under Fla. Stat. § 733.2121, which cannot meaningfully be compressed.
- Week 1–2: Initial intake. Original will located, death certificate ordered, preliminary asset inventory begun, beneficiary contact information gathered.
- Week 2–4: Petition for Administration filed in the Orange County Probate Division. Oath of Personal Representative, Designation of Resident Agent, and Notice of Administration prepared and served.
- Week 4–6: Letters of Administration issued by the court. Personal Representative now has authority to act — opens estate bank account, applies for estate EIN, begins inventorying and securing assets.
- Month 2: Notice to Creditors published in a newspaper of general circulation in Orange County under Fla. Stat. § 733.2121. Known creditors served directly. This starts the 3-month creditor-claim window.
- Month 2–3: Inventory filed within 60 days of issuance of Letters (Fla. Prob. R. 5.340). Asset valuations confirmed, appraisals ordered for real estate or unique items.
- Month 3–5: Creditor claims reviewed. Valid claims paid. Invalid or disputed claims objected to under Fla. Stat. § 733.705. Tax filings prepared (final 1040 for decedent, 1041 for estate, Form 706 if required).
- Month 5–10: Real property sold or distributed as the will or intestacy statute requires. Specific bequests distributed. Estate income accounted for.
- Month 10–12: Final accounting prepared (Fla. Prob. R. 5.346) and served on residuary beneficiaries. Petition for Discharge filed. Final distributions made, receipts obtained, Order of Discharge entered.
Is an attorney required?
Yes. Florida Probate Rule 5.030 requires that the Personal Representative in a Formal Administration be represented by an attorney admitted to practice in Florida, with narrow exceptions for a sole interested person serving as their own PR. Because the Personal Representative is a fiduciary owing duties to creditors, beneficiaries, and the court, the rule reflects a deliberate policy choice that competent counsel protects all interested parties — not just the PR. Selecting an attorney who regularly practices in the Orange County Probate Division is meaningful because the local judges, magistrates, and clerks have procedural preferences that an experienced practitioner navigates routinely.
Frequently Asked Questions
How much does Formal Administration cost in Florida?
Statutory attorney fees for Formal Administration are presumptively reasonable under Fla. Stat. § 733.6171, which sets a sliding scale based on the compensable value of the estate — typically 3% of the first $1 million. Personal Representative fees are governed by Fla. Stat. § 733.617 and run on a similar sliding scale. Court filing fees and publication fees add several hundred dollars. Most families find that fees are reasonable in relation to the size and complexity of the matter and the work required.
Who can serve as Personal Representative in Florida?
Under Fla. Stat. § 733.302 through § 733.305, the Personal Representative must be (1) at least 18 years old, (2) physically and mentally able to perform the duties, (3) not a convicted felon, and (4) either a Florida resident OR a close relative of the decedent (spouse, child, parent, sibling, certain other lineal relatives). A non-Florida-resident who is not a qualifying relative cannot serve. Banks and trust companies authorized to do business in Florida may also serve.
How long does the creditor claim period last?
Under Fla. Stat. § 733.2121, creditors generally have the later of (a) three months after first publication of the Notice to Creditors, or (b) 30 days after being served with the notice if they are a known or reasonably ascertainable creditor. After that period, untimely claims are barred unless an extension is granted for good cause. Separately, Fla. Stat. § 733.710 imposes a hard two-year ceiling — no creditor claim can be brought against estate property more than two years after death, regardless of notice.
Can the Personal Representative sell the decedent's house?
Yes, if the will grants the power of sale or if the court authorizes it. Most well-drafted Florida wills include broad fiduciary powers under Fla. Stat. § 733.612 that permit the PR to sell estate real property without further court order. If the property is the decedent's Florida homestead, special rules apply — homestead generally passes outside the probate estate to qualifying heirs, and consent of those heirs is required before a sale. See our [[homestead-property]] page for detail.
What is an inventory and when is it due?
Under Fla. Prob. R. 5.340, the Personal Representative must file a verified inventory of estate assets within 60 days after issuance of Letters of Administration. The inventory lists each asset and its fair-market value as of the date of death. The inventory is served on interested persons but is generally not a public-record document (Fla. Stat. § 733.604).
What happens at the end of Formal Administration?
After all debts are paid, taxes filed, and assets distributed, the Personal Representative files a final accounting and a Petition for Discharge. Once the court is satisfied that the administration is complete and beneficiaries have received their shares, the court enters an Order of Discharge releasing the Personal Representative from further duties and liability.
The information on this page is for general informational purposes and does not constitute legal advice or create an attorney-client relationship. Florida law changes. Consult a licensed Florida attorney for guidance specific to your matter.
Need to open Formal Administration for a Florida estate?
Our firm has handled Florida probate matters in the Orange County Probate Division since 1928. Call (407) 843-0430 or schedule a consultation online to begin.
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Yergey & Yergey, P.A. | 910 N. Fern Creek Avenue, Orlando, FL 32803
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