Florida Formal Probate Administration
In Florida, most estates must be submitted to formal probate administration. In a formal probate matter, the court supervises administration of the estate, and the personal representative is required to provide detailed information and to fulfill a long list of statutory obligations.
Responsibilities of a Personal Representative in Formal Probate Administration
The duties of a personal representative can be complicated and may be particularly overwhelming in the wake of the loss of a loved one. Mistakes can be costly since the personal representative has a fiduciary duty to the beneficiaries of the estate—a legal obligation to carefully manage and safeguard assets for their benefit.
The formal probate administration process is commenced through the filing of a Petition for Formal Administration. This is typically filed by the personal representative, although Florida law allows other interested parties to initiate probate.
Once a formal probate case is opened, the personal representative must provide notice to certain relatives and prospective beneficiaries. The personal representative must also make a diligent effort to identify creditors and serve notice on those creditors. These notices must follow a specific format and include information set forth in the Florida Probate Code.
The exact duties of the personal representative will vary depending on a variety of factors, including:
- Whether the deceased left a will
- The value of the estate
- The nature of the property in the estate
- Outstanding debts and liabilities of the estate
- Whether the deceased left property in other states
- Whether the estate has receivables or legal claims to pursue
Some of the most common responsibilities will include:
- Inventorying estate assets
- Paying creditors
- Distributing assets to beneficiaries according to the will or the Florida intestate succession statute
- Pursuing collection of any outstanding receivables
- Filing a tax return on behalf of the estate
An Experienced Florida Probate Lawyer Can Help
You don’t have to figure it out alone. If you’re responsible for formal probate administration in Florida, a Florida probate attorney can be your greatest asset. You can take the first step toward securing the knowledgeable guidance you need right now. Just fill out the form or call (386) 272-7445 to schedule a consultation.
Under limited circumstances, an estate may be managed through a summary probate administration process. This process is more streamlined, moves more quickly and puts less of a burden on the personal representative. However, this less formal approach is available only if the estate is valued at less than $75,000 or more than two years have passed since the date of death. In most circumstances, the personal representative must be prepared for the formal probate administration process.
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