Florida Probate Process: Formal Administration & Creditor Claims

Formal administration is Florida's full court-supervised probate under chapter 733, handled by the circuit court. The court appoints a personal representative and issues letters of administration; the PR gathers assets, settles debts and creditor claims, and distributes the rest. Creditors generally must file claims within set periods, and never more than 2 years after death.

This is general information, not legal advice. Florida creditor-claim deadlines are strict — talk to a Florida attorney early.

Formal administration is Florida’s full, court-supervised probate under chapter 733, handled by the circuit court. It’s the path used when the estate doesn’t qualify for a simpler route.

Appointing a personal representative

The court appoints a personal representative (PR) and issues letters of administration — the document that gives the PR authority to act (Fla. Stat. § 733.301). The PR is the person who actually does the work of settling the estate.

Marshaling assets and settling debts

The PR marshals the estate’s assets, identifies and settles valid debts and creditor claims, and then distributes what remains to the beneficiaries or heirs.

Creditor claims and deadlines

Creditor deadlines are a key part of formal administration. A creditor generally must file its claim by the later of:

3 months after the first publication of the notice to creditors, or
30 days after being served (Fla. Stat. § 733.702);

and in no event more than 2 years after death (Fla. Stat. § 733.710). (Please confirm these periods are current.)

Other paths

If the estate is small or the decedent has been gone a while, a faster route may apply — see summary administration and disposition without administration. Also review the personal representative’s duties and whether you need a lawyer. To get matched with a local Florida probate attorney, connect with a lawyer.

Frequently asked questions

What is formal administration in Florida?

It is Florida's full, court-supervised probate under chapter 733, handled by the circuit court. The court appoints a personal representative, issues letters of administration, and oversees the settling of the estate (Fla. Stat. § 733.301).

Who runs the estate in formal administration?

A personal representative — Florida's term for an executor or administrator — appointed by the circuit court and authorized by letters of administration. The PR marshals assets, pays valid debts and creditor claims, and distributes what remains.

How long do creditors have to file claims?

Generally by the later of 3 months after first publication of the notice to creditors or 30 days after being served (Fla. Stat. § 733.702), and in no event more than 2 years after death (Fla. Stat. § 733.710). Confirm current periods.

Related guides

Do You Need a Lawyer for Florida Probate? In a Florida formal administration, the personal representative must be represented by a Florida attorney unless the PR is the sole interested person (or is themselves a Florida attorney) — Florida Probate Rule 5.030. This is a distinctive Florida requirement. Summary administration and disposition without administration may not require counsel in the same way, but a lawyer is common.

Florida Disposition Without Administration For very small Florida estates with NO real property, no administration is required. This applies where the estate is only exempt personal property plus nonexempt personal property not exceeding the preferred funeral expenses plus reasonable medical/hospital expenses of the last 60 days of the last illness. A person who paid those expenses can be reimbursed (Fla. Stat. § 735.301).

Florida Personal Representative Duties A Florida resident who is sui juris (an adult of sound mind) can serve as personal representative (Fla. Stat. § 733.302). A non-resident can serve only if related to the decedent (Fla. Stat. § 733.304). The PR is a fiduciary who collects assets, pays valid debts, and distributes the estate, and is entitled to a commission presumed reasonable at statutory percentage tiers (Fla. Stat. § 733.617).

Florida Summary Administration Summary administration is Florida's simplified, faster probate. It is available when EITHER the value of the estate subject to administration in Florida (less property exempt from creditors) is $75,000 or less, OR the decedent has been dead more than 2 years (Fla. Stat. § 735.201). Only one condition needs to be met.

The Florida Probate Process: Formal Administration